29/2014 Post-sentence supervision requirements

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Post-sentence supervision requirements
This instruction applies to :-
Reference :-
Prisons
Providers of Probation Services
Issue Date
Effective Date
Implementation Date
1 May 2014
1 November 2014
PSI 31/2014
PI 29/2014
Expiry Date
Issued on the
authority of
For action by
31 March 2016
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions
Public Sector Prisons
Contracted Prisons*
Governors
National Probation Service (NPS) Directorate
Community Rehabilitation Companies (CRCs)
NOMS Rehabilitation Contract Services Team
All other providers of Probation and Community Services.
* If this box is marked, then in this document the term Governor also applies to
Directors of Contracted Prisons except where specified
Instruction type
For information
Provide a summary
of the policy aim
and the reason for
its development /
revision
Contact
Service improvement/legal compliance
Supervising officers
Victim Liaison Officers and Victim Unit Managers
This instruction is only active following the commencement of the
relevant provision in the Offender Rehabilitation Act 2014.
It is the objective of this instruction to explain the application of the new
post-sentence supervision period for offenders subject to custodial
sentences of more than one day but less than two years. It seeks to explain
the differences between the use of supervision requirements compared to
licence conditions, and the process for proposing, approving and amending
supervision requirements.
For general enquiries: Brian Chapman - Licence Conditions Senior Policy
Manager. Email: Brian.Chapman@noms.gsi.gov.uk Tel: 0300 047 4424
For breach related enquires: Neil Stone – Offender Management Court
Work Lead. Email: Neil.Stone@noms.gsi.gov.uk Tel: 0300 047 4598 /
07545 732 823
Associated
documents
PI xx/2014 - Victim Liaison Policy Guidance Manual (yet to be published)
PI 11/2014 – Licence Conditions, Polygraph Examinations and Temporary
Travel Abroad
PSI 18/2014 - Licences, Licence Conditions and Polygraph Examinations
PI 08/2014 – Process for Community Rehabilitation Companies to refer
cases in the community to National Probation Service for Review
Risk/Escalation Review
Target Operating Model for the Rehabilitation Programme (version 3)
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.
NOMS Deputy Directors of Custody and Controllers, will monitor compliance with the mandatory
actions set out in this Instruction.
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly
adhered to.
PAGE 1
CONTENTS
Hold down “Ctrl” and click on section titles below to follow link
Section
1
1.2
1.8
1.9
1.10
1.14
2
2.1
2.4
2.6
2.10
2.12
2.13
2.16
2.19
2.21
2.23
2.26
2.27
Annex A
Annex B
Subject
Executive Summary
Background
Desired Outcomes
Application
Mandatory Actions
Resource Impact
Post-Sentence Supervision
Background
Post-Sentence Supervision Conditions To Be Used As
Standard
The “Good Behaviour” Requirement
The “Residence” Requirement
The “Activity” Condition
Drug-Related Supervision Requirements
Exceptional Circumstances for Not Applying Requirements
Approving Supervision Requirements
Issuing of Licence and Supervision Notices
Amending or removing supervision requirements
Temporary Suspension of a Supervision Requirement
Court-recommended amendments to requirements following
breach of Supervision
Process Chart For Licence And Post Sentence Supervision
Easy Read Guidance For Post-Sentence Supervision
Requirements
PI 29/2014 – PSI 31/2014
For reference by:
Supervisors in
NPS/CRC
All staff
Supervisors in
NPS/CRC
All staff
ISSUE DATE 01/05/2014
PAGE 2
1.
Executive Summary
1.1
This Instruction has been written for probation staff managing offenders sentenced to a
custodial term of more than one day but less than two years. Following commencement of
sections 1 to 7 of the Offender Rehabilitation Act 2014 (the 2014 Act), this group of
offenders will be subject to a licence and a subsequent post-sentence supervision period.
As such, this instruction is only to be used following the commencement of that part
of the Act.
Background
1.2
Section 1 of the 2014 Act means that all offenders sentenced for offences committed on or
after that date, and who are given a custodial sentence of more than one day but less than
24 months are released subject to licence conditions. As a result they spend the second
half of their sentence on licence, instead of being released unconditionally as they would
have for offences committed prior to the commencement of the provisions in the Act.
1.3
Sections 2 to 7 of the 2014 Act means that all offenders sentenced after the date of
commencement, and who are given a custodial sentence of more than one day but less
than 24 months, are subject to an additional period of statutory supervision in the
community after their licence period ends. This post-sentence supervision period tops up
the licence period to make a total of 12 months’ supervision after release.
1.4
Collectively, sections 1 to 7 of the 2014 Act mean that all those released from custody from
a sentence of more than one day are subject to a licence period, and that those sentenced
to less than two years are also subject to a period of supervision post-sentence. This
includes offenders subject to DYOI sentences and section 91 young offenders who receive
sentences of less than 12 months. A further instruction will be releasing giving the specifics
of how the sentence interacts with young offenders.
1.5
Supervisors should take note of the rehabilitative purpose of the post-sentence supervision
period. This focus means that the requirements that can be imposed are more limited in
type and number than conditions available under a licence. The requirements allow
flexibility for supervisors over how best to use them to rehabilitate the offender.
1.6
This instruction is intended to be supplementary to PI 11/2014 – Licence Conditions,
Polygraph Examinations and Temporary Travel Abroad and PSI 18/2014 - Licences,
Licence Conditions and Polygraph Examinations, which cover licence conditions and the
general licence period. Either the PI or PSI (as relevant for probation/prison providers)
should be read in conjunction with this instruction, which explains the differences between
the licence period and the post-sentence supervision period.
1.7
This instruction applies to both the National Probation Service (NPS) and Community
Rehabilitation Companies (CRCs), to which cases will be allocated in accordance with the
case allocation system. The allocation system is explained in PI 05/2014 – PSI 14/2014 –
Case Allocation.
Desired Outcomes
1.8
This Instruction has been issued to ensure that probation staff:


are aware of the post-sentence supervision period, which offenders it applies to, its
purpose, and the requirements that can be imposed under it; and,
understand the process for imposing and approving supervision requirements; and,
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 3


use the licence and post-sentence notice of supervision templates (collectively
referred to as a licence and supervision notice) following commencement of the
relevant provisions of the 2014 Act; and,
understand the distinction between a post-sentence supervision period and a
licence period, in particular that conditions are imposed during a licence period,
whereas supervision requirements are imposed in a post-sentence supervision
period.
Application
1.9
This Instruction only applies where an offender has been convicted for an offence
committed on or after commencement date of sections 1 to 7 of the 2014 Act, and
sentenced to a custodial term of more than one day but less than two years - and who will
therefore be subject to a post-sentence supervision period. Section 2 of this Instruction
provides guidance on the process to be followed when considering supervision
requirements.


Annex A provides a flow chart setting out the process for considering, approving,
and overseeing supervision requirements
Annex B provides an ‘Easy Read’ version of the supervision requirements which
may be useful for explaining relevant requirements to offenders.
Mandatory Actions
1.10
There are several mandatory actions in this instruction which replicate requirements placed
on the CRCs through their contract with the Secretary of State (specifically in Schedule 7).
Those requirements are replicated here for ease of use by the reader, so it is clear how
they fit in to the wider system.
1.11
Where the instruction requires actions to be taken by the Governor of the releasing prison
establishment, for contracted out Prisons, this should be read as the Controller.
1.12
Providers of probation services (NPS and CRC)
Heads of NPS regional delivery units and CRCs must ensure that all relevant staff are
aware of and comply with the mandatory requirements which are summarised below.
a)
b)
c)
d)
e)
f)
Supervision requirements, and the consequences of breach, must be explained at
the outset of the licence period, and again at the start of the supervision period
depending on the time elapsed.
Supervision requirements must be taken from the list provided at paragraph 2.3 of
this instruction.
The supervisor must propose requirements for the supervision period prior to
release, at the same time as licence conditions; it is for the Governor of the
releasing prison to set the licence conditions and the post-sentence supervision
requirements.
Where the supervisor considers it appropriate to amend or remove any of the
supervision requirements, this request must be made to the Governor of the
releasing prison, for him/her to approve.
The supervisor must consider any judicially recommended amendments to the
supervision requirements following a court appearance for breach. Should they
disagree with the proposed requirement, they must contact the Public Protection
Casework Section in NOMS HQ for further advice.
Post-sentence supervision requirements must be necessary and proportionate, and
only included for the purpose of rehabilitation.
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 4
g)
1.13
The wording of any requirement must not be modified except where allowed by the
use of square brackets.
Providers of custodial services (public and private sector prisons)
Governors must ensure that all relevant staff are aware of and comply with the mandatory
requirements which are summarised below:
a)
b)
c)
d)
Governors are responsible for imposing additional post-sentence supervision
requirements for offenders subject to a custodial sentence of less than two years
but more than one day whose offence took place on or after the commencement of
the 2014 Act.
Where the supervisor has supported a court-recommended amendment to a
supervision requirement, the Governor must ensure that the appropriate
amendments are made to the relevant licence and supervision notice.
Governors must ensure that they only apply requirements to the supervision period
that are taken from 2.4 or 2.15.
The wording of any requirement must not be modified except where allowed by the
use of square brackets.
Resource Impact
1.14
The resource impact of the elements of this instruction and the related policy change have
already been factored in as a core element of the business case for the Transforming
Rehabilitation Programme.
(signed)
Colin Allars, Director of Probation, NOMS
on behalf of
Digby Griffith, Director of National Operational Services, NOMS
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 5
2.
Post-Sentence Supervision
Background
2.1
Section 2 of the 2014 Act inserts section 256AA into the Criminal Justice Act 2003 (the
2003 Act). This section applies an additional period of post-sentence supervision, which
follows the licence period, to any offender convicted for an offence committed on or after
the commencement date who is released from a custodial sentence of more than one day
but less than two years. This period begins following the expiry of the standard licence
period and ends on the one year anniversary of the end of the custodial period. This has
the effect that the combined length of the licence and post-sentence supervision period will
always be 12 months for any offender sentenced to a custodial sentence of less than two
years under this Act.
2.2
This means that, depending on the length of the custodial sentence, the length of the
supervision period can vary significantly. For those with very short custodial sentences it
can amount to almost all of the period under supervision: for example, someone sentenced
to a custodial sentence of two months would serve one month in custody, one month on
licence, and 11 months on post-sentence supervision. For those with sentences closer to
two years, the supervision period would be short: for example, someone sentenced to an
18 month custodial sentence would serve nine months in custody, nine months on licence,
and three months on supervision. The offender can be subject to requirements throughout
the supervision period and so enforcement action for an alleged breach of a requirement
can be taken throughout the period.
2.3
The post-sentence supervision period is for the purpose of rehabilitation and the Governor
of the releasing prison establishment must have regard to this purpose when imposing
post-sentence supervision requirements while representing the Secretary of State. The
supervisor must also have regard to this purpose when proposing and implementing these
requirements. Whilst the primary objective of the post-sentence supervision period is the
rehabilitation of the offender.
Post-Sentence Supervision Requirements to Be Used As Standard
2.4
The requirements that can be imposed during a post-sentence supervision period are set
out in new section 256AB of the 2003 Act (inserted by Schedule 1 to the 2014 Act). Unlike
the licence period, where there is a statutory requirement that all relevant offenders receive
a standard set of licence conditions, requirements can be imposed in any combination.
However, as a matter of policy a post-sentence supervision period should ordinarily contain
the following eight requirements, unless there are exceptional circumstances where one or
more of the requirements would not be suitable, or is not necessary and proportionate to
aiding the rehabilitation of the offender in the community:
i)
ii)
iii)
iv)
v)
To be of good behaviour and not behave in a way that undermines the rehabilitative
purpose of the supervision period;
Not to commit any offence;
To keep in touch with your supervisor in accordance with instructions given by your
supervisor;
To receive visits from your supervisor in accordance with instructions given by your
supervisor;
To reside permanently at an address approved by your supervisor and obtain the
prior permission of the supervisor for any stay of one or more nights at a different
address;
PI 29/2014 – PSI 31/2014
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PAGE 6
vi)
vii)
viii)
Not to undertake work, or a particular type of work, unless it is approved by your
supervisor and to notify your supervisor in advance of any proposal to undertake
work or a particular type of work;
Not to travel outside the United Kingdom and Islands except with the prior
permission of your supervisor or in order to comply with a legal obligation (whether
or not arising under the law of any part of the United Kingdom and Islands);
To participate in activities in accordance with any instructions given by your
supervisor.
For details on the consideration of exceptional reasons for not including any of these
requirements, please see the section starting with paragraph 2.16 of this Instruction.
2.5
Requirements i) to vi) are similar to the standard conditions of the licence period, but with
some slight variations such as explicitly permitting an offender to travel outside of the
United Kingdom and Islands where there is a legal obligation. When explaining this
requirement to an offender, it should be made clear that the supervisor should still be
informed of that obligation as it may have a knock on impact on other requirements – for
example, an offender may be unable to attend a specific activity because they are out of
the country.
The “Good Behaviour” Requirement
2.6
The “Good Behaviour” requirement (listed in 2.4 as i) has been in operation for many years
in relation to licences and is replicated in the supervision period. Compliance with it will
depend on each case and the offender’s behaviour relating to their past offending. For an
act to amount to a breach of the good behaviour requirement, it need not be a repetition of
the offender’s original criminal act (which in any event would be a breach of the separate
requirement not to commit any further offences).
2.7
There is a need for flexibility around the terms of the good behaviour requirement: a
relatively wide range of behaviour may amount to a breach of the requirement in any given
case. However, the essence of the good behaviour requirement is that the offender must
refrain from behaving in a way during the post-release supervision period which bears
some connection to the offending behaviour for which they were convicted or otherwise
interferes with their rehabilitation. The following are suggested as behaviours which
demonstrate the offender is failing to comply with this condition:



behaviour linked to the original offence but which falls short of an offence itself;
behaviour that might be a prelude to committing other offences but is not an offence
in itself, including that which might indicate an escalation in the risk of serious harm;
behaviour which undermines the rehabilitative purpose of supervision.
2.8
This requirement can be used to deal with activities such as associating with other known
offenders, inciting hatred in respect of extremist offenders, and any behaviour or incident
which is thought to be detrimental to the offender’s successful rehabilitation, such as
attending supervision sessions while intoxicated. The supervisor must explain to the
offender the nature of this requirement and take a pragmatic view of what constitutes
breach. It must be made sufficiently clear to offenders what type of conduct would lead to
breach in each individual case, as it will vary from one case to another.
2.9
Should the offender be signed up to a voluntary agreement, e.g. a behavioural compact,
outside of the requirements of the supervision requirements then any non-participation in
the scheme by the offender is their own choice and cannot be considered a breach of the
“Good Behaviour” requirement. This includes both where an offender refuses to join a
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 7
voluntary scheme, and where they have started on a scheme but decide afterwards not to
follow its requirements.
The “Residence” Requirement
2.10
The “Residence” requirement (listed in 2.4 as (vi) also replicates one of the standard
licence conditions, and is intended to ensure that an offender only lives at an address
deemed suitable by the supervisor. It requires an offender to live and stay each night at the
approved address, and whenever the offender wishes to stay at another address, whether
as a permanent move or an overnight stay, to first seek permission. It is distinct from the
community order requirement to live at a specified address.
2.11
It is possible for an offender to change addresses during the course of the supervision
period, and there may be good reason for doing so. This may include moving to another
area, managed by another CRC or NPS division. In these situations, the supervisor must
be satisfied that the move will not be to the detriment of the offender’s rehabilitation, and
should follow the procedure set out in PI 07/2014 - Case Transfers for Offenders Subject to
Statutory Supervision.
The “Activity” Requirement
2.12
The “Activity” requirement (listed in 2.4 as viii) is intended to allow for maximum flexibility in
the interventions that may be required once an offender is in the post-sentence supervision
period. While the primary purpose of the activity must be rehabilitative, it can also be
reparative or restorative. Activities can be wide ranging and may include one-to-one work,
restorative justice activities, accredited and non-accredited programmes, or requiring an
offender to attend activities with a third party in order to enhance their rehabilitation.
Drug-Related Supervision Requirements
2.13
Schedule 1 to the 2014 Act provides for two further supervision requirements which may be
requested by the supervisor to manage the offender in the community. These are the drug
testing requirement and the drug appointment requirement. These requirements may only
be imposed where there is a reason to believe that misuse of illegal drugs (for testing this
applies to specified Class A and specified Class B drugs) caused or contributed to an
offence of which the person has been convicted or is likely to cause or contribute to the
commission of further offences by the person; and the person is dependent on, or has a
propensity to misuse illegal drugs.
The Drug Appointment Requirement
(a)
Attend [INSERT APPOINTMENT TIME DATE AND ADDRESS], as directed, to
address your dependency on, or propensity to misuse, a controlled drug;
The Drug Testing Requirement
(b)
Attend [INSERT NAME AND ADDRESS], as reasonably required by your
supervisor, to give a sample of oral fluid / urine in order to test whether you have
any specified Class A or specified Class B drugs in your body, for the purpose of
ensuring that you are complying with the requirement of your supervision period
requiring you to be of good behaviour.
2.14
Unlike the licence period, there is no longer menu of requirements, nor is there the ability to
include any bespoke requirements (although a number of requirements, such as the activity
requirement, give supervisors significant flexibility to tailor interventions to an offender’s
needs). Each of these requirements must only be applied where it is necessary and
proportionate, and intended to support rehabilitative requirements, and in the case of a drug
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 8
appointment requirement, where this is recommended by a health practitioner. Rather than
the general terminology for the licence period, the appropriateness of each drug-related
supervision requirement are tested against the following criteria:
2.15
(a)
The Drug Appointment Requirement
(a1) that the misuse by the offender of a controlled drug caused or contributed to
an offence of which the offender has been convicted or is likely to cause or
contribute to the commission of further offences by the offender; and,
(a2) that the offender is dependent on, or has a propensity to misuse, a
controlled drug; and,
(a3) that the dependency or propensity requires, and may be susceptible to,
treatment; and,
(a4) that arrangements have been made, or can be made, for the offender to
undergo treatment.
(b)
The Drug Testing Requirement
(b1) that the misuse by the offender of a specified class A drug or a specified
class B drug caused or contributed to an offence of which the offender has
been convicted or is likely to cause or contribute to the commission of further
offences by the offender; and,
(b2) that the offender is dependent on, or has a propensity to misuse, a specified
class A drug or a specified class B drug.
When proposing requirements for the post-sentence supervision period, the supervisor
should take into account the continuity of supervision across both the licence and
supervision period, as well as any relevant information from health practitioners. For
example, where a drug testing requirement is imposed in the licence period then
consideration should be given to whether it should also be imposed during the postsentence supervision period and vice versa. In most cases, it is expected that testing or
drug appointments for the purpose of treatment that begin during the licence period would
continue during the supervision period. It should be noted that only attendance at the
appointment is mandatory, as engagement in any treatment itself must be voluntary.
Further information on drug testing and drug appointments on licence or supervision is
included in PI 11/2014 – Licence Conditions, Polygraph Examinations and Temporary
Travel Abroad.
Exceptional Circumstances for Not Applying Requirements
2.16
As stated in 2.4 there may be an exceptional circumstance where it is not appropriate to
impose one or more of the supervision requirements i) to viii). As part of pre-release
preparation, the supervisor will need to consider whether there are circumstances that
mean that any of the requirements is not appropriate or necessary. This will include taking
account of any information the custodial offender supervisor or the offender provides.
2.17
The criteria below are examples of what the supervisor must take into account in
considering whether or not a particular supervision requirement is necessary and
proportionate. They are not expected to be the only considerations, as each offender will
need to be considered on a case by case basis:
1)
2)
3)
Will the exclusion of the supervision requirement(s) be more detrimental for the
purposes of the offender’s rehabilitation than allowing them to remain?
Have there been any concerns regarding a lack of compliance during the course of
this sentence?
Are there compelling health or compassionate reasons to exclude a particular
requirement?
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
PAGE 9
4)
2.18
Are there no rehabilitative needs and it would therefore be disproportionate to
include one or more supervision requirements?
If the supervisor decides there is good reason for excluding a requirement then they must
ensure the releasing prison is notified of the reasons for this, so that the releasing Governor
may consider it when the licence and supervision notice is prepared.
Approving Supervision Requirements
2.19
The supervision requirements must be requested by the supervising officer/supervisor at
the same time as the licence conditions, prior to the offender’s release from custody.
Proposing requirements should be undertaken as part of the Plan produced pre-release,
and should therefore include considerations as to whether a condition included in the
licence period should continue as a requirement in the supervision period (where
applicable) in order to provide continuity of support to the offender. Further details on
requesting licence conditions are available in PI 11/2014 – Licence Conditions, Polygraph
Examinations and Temporary Travel Abroad.
2.20
As with licence conditions, the requirements proposed by the supervisor for the postsentence supervision period must be confirmed by a representative of the Secretary of
State. As all offenders subject to supervision requirements will be subject to a determinate
custodial sentence, the Governor of the releasing prison establishment will be the
representative of the Secretary of State’s authority in this matter, and is the responsible
authority to review requirements. It is the duty of the Governor to ensure that the
supervision requirements are suitable for the purpose of rehabilitation, and that the drug
appointment and testing requirements are only proposed where the criteria as stated in
2.14 are met.
Issuing of Licence and Supervision Notices
2.21
The requirement to explain the licence to the offender is explained in PI 11/2014 - Licence
Conditions, Polygraph Examinations and Temporary Travel Abroad, and at that time it is
expected that all of the licence will be explained, including the post-sentence supervision
period. It is essential that the offender understands which conditions apply during each
period, and the consequences of breach in each period, i.e. that breach during the licence
period could result in a recall to prison, while breach of supervision could result in the case
being brought back before the courts.
2.22
At the final meeting between the supervising officer and the offender prior to the end of the
licence period, there should be a further explanation of the supervision period, the
requirements which will apply, and when the period will begin and end. The supervising
officer should consider the level of information that they need to remind the offender of,
based on the length of time that has passed since the original explanation took place.
Amending or Removing Supervision Requirements
2.23
As with the licence, it is possible to amend, remove or replace conditions during the course
of the supervision period. This may be particularly relevant where there is a lengthy
supervision period and, for example, an offender has completed a specific activity which no
longer needs to remain as a requirement. Where good progress has been made and
requirements have been completed, the supervisor may choose to reduce their level of
contact with the offender and/or remove requirements.
2.24
If the supervisor wishes to amend, remove or replace a condition, s/he must contact the
Governor of the establishment from which the offender was released to amend the licence
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accordingly. It is for the Governor to approve this decision. The prison must issue the
amended licence as soon as the change has been made.
2.25
Supervisors in CRCs should keep in mind if they are amending a supervision requirement,
that if they have concerns that the Risk of Serious Harm level of an offender they have
managing has increased to high then they should escalate the case to the NPS. For further
details, see PI 08/2014 - Process for Community Rehabilitation Companies to refer cases in
the community to National Probation Service for Review Risk/Escalation Review”.
Temporary Suspension of a Supervision Requirement
2.26
It is possible to suspend a condition temporarily, if there is good reason for doing so. It will
be particularly important to apply the considerations listed at 2.17 above where an offender
wishes to travel abroad on a temporary basis during the supervision period. The main
consideration should be whether or not it would interfere with the supervision arrangements
to aid the rehabilitation of the offender and thus have a detrimental effect. Where travel
outside of the UK and Islands is approved on a temporary basis, or another requirement is
temporarily suspended, the requirement should remain on the face of the licence and
supervision notice. For details of the process that should be followed, please see PI
11/2014 – Licence Conditions, Polygraph Examinations and Temporary Travel Abroad
and/or PSI 18/2014 - Licences, Licence Conditions and Polygraph Examinations.
Court-recommended Amendments to Requirements following Breach of Supervision
2.27
Where an offender is brought back before the courts for breach of their supervision
requirements, the court may make recommendations as to whether any of the requirements
which should be amended or removed, to avoid encouraging further breaches for example.
In this instance, the enforcement officer should ensure they pass these recommendations
to the supervisor, as part of the information shared following the outcome of the breach
hearing. The supervisor should give due regard to any such recommendation, when
reviewing the supervision requirements following breach proceedings. While there is not a
legal requirement to apply such a recommendation, as a matter of policy there should be a
presumption that, wherever possible, all such judicial recommendations will be followed.
2.28
Where the supervisor agrees with the recommendation, they must contact the Governor of
the releasing establishment to ensure the licence is amended accordingly.
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Annex A
Process chart for licence and post sentence supervision
Offender
Supervisor
START: Pre-Release Planning by
Supervising Officer/Supervisor
(NPS/CRC) as allocated
CRC in Prison
region (if different
to managing CRC)
Information
feeds into
planning
Supervising Officer/Supervisor
proposes licence conditions
and supervision requirements
Victim Liaison
Officer (if relevant)
Offender
Governor does
not approve
Prison
Governor
considers
Governor
approves
Licence conditions and
supervision requirements are
explained to the offender by the
supervising officer.
Yes
Does the Supervising
Officer need to vary the
licence conditions?
Offender serves licence
period.
No
Supervision requirements are
explained to the offender by
the supervisor.
Licence period ends.
Prison issues licence and
supervision notice.
Governor
approves
Prison
Governor
considers
PI 29/2014 – PSI 31/2014
Prison issues licence and
supervision notice.
Supervision
requirements are
explained to the
offender by the
supervising officer.
Yes
Governor does
not approve
Offender serves postsupervision period.
Does the supervisor need
to vary the supervision
requirements?
No
END: Post-supervision
period ends.
ISSUE DATE 01/05/2014
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Annex B
Easy Read Guidance For Post-Sentence Supervision Requirements
C:\Documents and
Settings\eqm22a\Desktop\Supervision Rules2.pdf
PI 29/2014 – PSI 31/2014
ISSUE DATE 01/05/2014
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