UNCLASSIFIED
LICENCE CONDITIONS AND TEMPORARY TRAVEL ABROAD
This instruction applies to :-
Reference :-
Providers of Probation Services
PI 20/2012
Issue Date
Expiry Date
06 December 2012
Issued on the
authority of
For action by
Effective Date
Implementation Date
06 December 2012
30 November 2016
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions (Double click in box, as appropriate)
NOMS HQ
All prisons
High Security Prisons only
Contracted Prisons*
Probation Trusts
Governors
Heads of Groups
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 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
Senior Community Managers
Offender Managers
Victim Liaison Officers and Victim Unit Managers
This Instruction updates the arrangements for the application of standard
and additional licence conditions for offenders being released on licence. It
also updates advice on the setting of conditions as well as updating the
menu of additional conditions available. It also includes a breakdown of
who is responsible for approving additional conditions for each type of
sentence. It also updates the process for both determinate and
indeterminate offenders who wish to travel abroad whilst on licence, and
introduces a single process for both.
For general enquiries: Brian Chapman - Licence Conditions Senior Policy
Manager. Email: Brian.Chapman@noms.gsi.gov.uk Tel: 020 7035 1450
For victim related issues: Laura Toze - Head of Victims and Safeguarding
Team. Email: Laura.Toze@noms.gsi.gov.uk Tel: 0300 047 4428
For bespoke conditions and licence variations (pre-release): James Hough
Email: James.Hough@noms.gsi.gov.uk Tel: 0300 047 4475
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For bespoke conditions and licence variations (post-release): Sajjda Zafar
Email:sajjda.zafar@noms.gsi.gov.uk Tel: 0300 047 4559
For TACT/extremism issues: Max Beatson – Head of Extremism. Email max.beatson@noms.gsi.gov.uk Tel: 0300 047 4367
Associated
PC11/2008 - Victim Liaison Policy Guidance Manual
documents
PI 02/2011 - Approved Premises National Rules & Guidance for Residents
PSI 40/2012 - Licences and Licence Conditions
PI 16/2012 / PSI 30/2012 - The Legal Aid, Sentencing and Punishment of
Offenders (LASPO) Act 2012 – General summary of release and recall
provisions
Replaces the following documents which are hereby cancelled:- PC 04/2006; PI 07/2011; PI
13/2012 - PSO 4700 Chapter 13 section 13.14.1 (the rest of the Chapter remains in place).
All hard copies of these Instructions must be destroyed.
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PAGE 1
CONTENTS
Hold down “Ctrl” and click on section titles below to follow link
Section
1
1.2
1.5
1.6
1.8
1.9
2
2.2
2.4
2.6
2.12
2.14
2.17
2.18
2.20
2.22
2.31
2.32
2.36
2.43
2.50
2.51
2.52
2.54
3
3.6
3.8
3.14
3.17
3.18
Annex A
Annex B
Annex C
Annex D
Annex E
Annex F
Annex G
PI 20/2012
Subject
Executive Summary
Background
Desired outcomes
Application
Mandatory actions
Resource impact
Licence Conditions
Standard conditions
The “Good Behaviour” Condition
Additional Licence Conditions
Approving Additional Conditions
Judicial Recommendations
MAPPA
Conditions for Extremist/Terrorist Offenders
Bespoke Conditions
Internet Related Licence Conditions
Electronic Monitoring
“Supervision” in Child Contact Licence Conditions
Exclusion Zones
Victims and Licence Conditions
Issuing of Licences
The Initial Induction Meeting
Review of Additional/Bespoke Conditions
Licence Variation
Temporary Travel Whilst on Licence
Who may authorise requests
Formulating a decision
Employment-related temporary travel
Lifers and IPPS
Existing and recent applications
Additional Licence Condition Criteria and Table
Additional Licence Conditions ONLY for Extremist Offenders
Flowcharts for Standard Determinate Sentenced Prisoners
Flowcharts for 1991 Act Unconverted Determinate
Sentenced Prisoners
Flowcharts for Indeterminate Offenders and all Recalled
Offenders
Request For Suspension Of Supervisory Element Of
Life/IPP Licence
Request Variation of Life/IPP Licence
UNCLASSIFIED
For reference by:
Probation staff
involved in the
management of
licences.
Probation staff who
are reviewing an
application from an
offender to travel
abroad on licence
on a temporary
basis.
Probation staff
involved in the
management of
licences.
ISSUE DATE 06/12/2012
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1.
Executive Summary
1.1
This Instruction updates the arrangements for the application of standard and additional
licence conditions for offenders being released on licence. It includes menus of additional
conditions that can be applied if it is considered that such conditions are necessary to
manage risk effectively, including conditions that may be applicable when managing
extremist offenders. This instruction also includes a breakdown of who is responsible for
approving additional conditions for each type of sentence.
Background
1.2
The aims of the licence period are to protect the public, to prevent re-offending and to
secure the successful re-integration of the offender into the community. Licence conditions
should be preventative as opposed to punitive and must be proportionate, reasonable and
necessary. Contract Managers in Probation Trusts must have procedures in place for
monitoring and enforcement.
1.3
This instruction updates advice on the setting of conditions as well as updating the menu of
additional conditions available. There have been a number of changes made to additional
licence conditions, including those related to access to the internet where the primary
condition has been reworded for clarity and a condition related to checking of equipment
has been added to allow for the installation of monitoring software where available. Further
conditions have been added related to passports and notifying the offender manager of
new relationships with persons who live in households where children are present.
1.4
One of the six standard licence conditions listed in the Criminal Justice Act 2003 (CJA
2003) is that an offender may not travel outside of the UK (which in this context includes the
Isle of Man and the Channel Islands) without permission from their supervising officer. This
instruction aims to update and replace PC 04/2006, and introduce greater clarity for staff
reviewing applications from offenders to temporarily travel abroad whilst on licence. Two
significant changes have been made in this version of the policy:


An overhaul of the two separate sets of criteria for determinate and indeterminate
sentenced offenders, bringing them together in a single set for ease of use by
practitioners; and,
The introduction of additional criteria to consider when an offender is applying to
temporarily travel abroad while on licence for employment related reasons.
Desired outcomes
1.5
This Instruction has been issued to ensure that sufficient advice has been given to enable
staff to accurately access whether licence conditions are necessary and proportionate on a
case by case basis and that the appropriate staff are aware of:





PI 20/2012
standard licence conditions; and,
the menu of additional licence conditions available to facilitate the effective
management of risk in respect of offenders on licence; and,
the menu of bespoke licence conditions available, if necessary, in respect of
extremist offenders; and,
the process for approving additional and bespoke licence conditions; and,
the criteria for considering applications from offenders on licence to travel abroad.
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Application
1.6
Section 2 of this Instruction provides guidance on the process to be followed when seeking
additional licence conditions, as well as the criteria to be met when considering whether
such conditions are both necessary and proportionate:





1.7
Annex A provides the menu of additional licence conditions available; and,
Annex B provides a menu of additional licence conditions that are available for
extremist offenders only; and
Annexes C, D and E are flowcharts which illustrate the process applying for
additional licence conditions.
There is no Annex F in order to maintain the lettering of Annexes G and H from PC
29/2007.
Annexes G and H have been restored from PC 29/2007, as they have been
continued to be used in the interim. Both forms have retained the same lettering as
in the previous instruction. These are forms for the suspension or variation of
licence conditions for IPP and life sentenced offenders in the community.
Section 3 of this Instruction provides guidance on the process to be followed when an
offender wishes to travel abroad on a temporary basis while they are on licence.
Mandatory actions
1.8
Contract Managers in Probation Trusts must ensure that probation staff are aware of, and
comply with, the mandatory requirements which are summarised below:







PI 20/2012
Offender Managers must ensure that any additional licence condition in respect of
indeterminate and extended sentence prisoners has a causal link to the kind of risk
to the public that the sentence was imposed to address (i.e. intended specifically to
manage and reduce the risk of further sexual or violent re-offending). It must also be
possible to demonstrate that the condition is both necessary to manage the risk and
proportionate to the level of risk.
Offender Managers must ensure that any additional condition for determinate
sentence prisoners is necessary and proportionate in order to manage and/or
reduce the risk of further offending of any nature. This will be determined by the
offender’s identified risk factors, which in turn will be based upon his/her previous
offending.
Requests for licence conditions must be made on the PD1 form, no later than 28
days prior to the offender’s release.
Prior to release (six months for MAPPA cases and four months for non MAPPA
cases unless sentence length prevents it) Offender Managers must contact the local
police and the relevant Victim Unit and take into account MAPPA meetings where
applicable, to establish if there is a case for additional conditions to be inserted,
although the final responsibility for recommending licence conditions remains with
the Probation Provider.
Offender Managers must explain each condition of the licence and consequences of
breach on the first occasion the offender reports following release from custody. The
offender must be asked to sign the licence in order to show that they understand
their conditions.
Offender Managers must review the current usage of internet-related licence
conditions as per the instructions in 2.22-2.30.
Any additional licence conditions must be taken from Annex A, except for bespoke
conditions which must be approved by NOMS Public Protection Casework Section
(PPCS), and those included in Annex B which may only be used for extremist
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

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offenders. For the purposes of this document, extremist offenders includes all those
convicted of offences under terrorism legislation; those whose offending is known to
be linked to extremist organisations or causes including but not limited to Al Qaida
inspired, extreme right wing or extreme left wing, animal rights or environmental
issues; and those where evidence shows that they have been radicalised whilst in
custody. These conditions have been designed to manage the specific risks to the
community that may be posed by these types of offenders. As with other additional
conditions, they should only be used where they can be demonstrated to be
necessary and proportionate.
The wording of any additional licence condition from Annex A or B must not be
modified except where allowed by the use of capital letters inside square brackets.
The criteria for consideration of temporary travel abroad requests at 3.10 must be
applied in all cases on a case by case basis, except where the business related
criterion in 3.14 is more appropriate, in which case it must be considered instead of
criterion 1 in 3.10.
Where an offender applying for temporary travel abroad is a foreign national, there
is now a requirement that Contract Managers in Probation Trusts must ensure that
probation staff liaise with the UK Borders Agency in order to see if the offender is of
interest to them, and if so, for further information that may be taken into account
when considering the appropriate criteria.
Resource Impact
1.9
The arrangements set out in this instruction for the setting of licence conditions are already
in place but will require updating due to this instruction.
1.10
We have required that existing internet-related conditions be reviewed. We have surveyed
a number of Probation Trusts and found that these types of conditions represent a small
subset of the overall number of offenders on licence, and therefore the resource impact it
would take to amend the existing licences will be lesser than responding to the potential
judicial reviews brought by existing offenders should their licences not be updated.
(signed)
Digby Griffith
Director of National Operational Services, NOMS
PI 20/2012
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2.
2.1
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Licence Conditions
Offenders released from custody into the community for a period of time to be spent on
licence as part of their sentence will be bound by a number of licence conditions. The
standard conditions and additional conditions which can be tailored to managing the risk of
serious harm and reoffending posed by the offender are explained below. Where an
offender is released from custody but not on licence, they are not bound to licence
conditions as discussed in this instruction.
Standard Conditions
2.2
Menus of licence conditions have been derived from Criminal Justice (Sentencing) (Licence
Conditions) Order 2005 (2005 Order), to apply to offenders sentenced under the CJA 2003.
In order to ensure consistent treatment of cases, these menus of licence conditions are
also used as guidance for licence conditions for those all groups of offenders who are
subject to release on licence.
2.3
A licence must contain the six standard licence conditions set out below. Wording may vary
slightly on some standard licences such as some Indeterminate Sentenced Prisoner (ISP,
meaning a life sentenced offender) or Indeterminate Sentence for Public Protection (IPP))
licences.
i)
ii)
iii)
iv)
v)
vi)
To keep in touch with your supervising officer in accordance with any instruction you
may be given;
If required, to receive visits from your supervising officer at your home/place of
residence (e.g. an Approved Premises);
Permanently to reside at an address approved by your supervising officer and notify
him/her in advance of any proposed change to address or any proposed stay (even
for one night) away from that approved address;
Undertake only such work (including voluntary work) approved by your supervising
officer and notify him or her in advance of any proposed change;
Not to travel outside the United Kingdom unless otherwise directed by your
supervising officer (permission for which will be given in exceptional circumstances
only) or for the purpose of complying with immigration/deportation;
To be well behaved, not to commit any offence and not to do anything which could
undermine the purpose of your supervision, which is to protect the public, prevent
you from re-offending and help you to re-settle successfully into the community.
The “Good Behaviour” Condition
2.4
The “Good Behaviour” condition (listed in 2.3 as vi) is designed to cover the majority of
eventualities. For example, it can be used to deal with activities which are thought to be
leading to reoffending, associating with other known offenders, inciting hatred in respect of
extremist offenders, and any behaviour or incident that might give rise to an increased risk
of serious harm or re-offending. Additional conditions should only be used to cover specific
areas of concern which Offender Managers feel cannot explicitly be covered by this
condition. In short, the “Good Behaviour” condition contains sufficient authority to manage
the majority of risks in the community. It is only where there is a specific concern that needs
to be addressed that additional conditions should be added to a licence. These
considerations must be explained to the offender at the initial meeting, as per 2.50 below.
2.5
Should the offender be signed up to a voluntary agreement outside of the licence then any
non-participation in the scheme by the offender is their own choice and cannot be
considered a breach of the “Good Behaviour” condition. This includes both where an
offender refuses to join a voluntary scheme, and where they have started on a scheme but
PI 20/2012
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decide afterwards not to follow its requirements. Neither the Approved Premises Rules nor
those in place at an offending behaviour course constitute a voluntary agreement, and
failure to comply with them can lead to enforcement action under the “Good Behaviour”
condition of the licence, including recall.
Additional Licence Conditions
2.6
Licences may also include additional conditions, for example, exclusion zones or noncontact requirements, provided that these requirements fall within one of the categories
prescribed in Statutory Instrument No 648 of 2005 of the Criminal Justice (Sentencing)
(Licence Conditions) Order 2005.
2.7
These requirements are:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
a requirement that he/she reside at a certain place;
a requirement relating to his/her making or maintaining contact with a person;
a restriction relating to his/her making or maintaining contact with a person;
a restriction on his/her participation in, or undertaking of, an activity;
a requirement that he/she participate in, or co-operate with, a programme or set of
activities designed to further one or more of the purposes referred to in section
250(8) of the 2003 Act;
a requirement that he/she comply with a curfew arrangement;
a restriction on his/her freedom of movement (which is not a requirement referred to
in sub-paragraph (f));
a requirement relating to his/her supervision in the community by a responsible
officer.
2.8
If Offender Managers assess that standard conditions are not sufficient to assist the
offender’s successful integration into the community, to prevent further re-offending and
ensure the protection of the public, they may give consideration to using the additional
conditions at Annex A or B to this instruction. If a condition is used from this list then the
exact wording must be used and it must not be altered or tailored in any way, except
for selecting specific options from within any square brackets in the relevant
condition. If further tailoring is required, then Offender Managers should seek advice from
PPCS.
2.9
When putting together the risk management plan prior to release the Offender Manager
must contact the local police force, and the relevant Victim Unit (where there is a Victim
Liaison Officer involved in the case) and any partner agencies in the MAPPA process (if the
offender is MAPPA eligible) to ascertain if there is a case for the inclusion of additional
and/or bespoke conditions. Additional conditions may also be proposed at MAPPA
meetings, but it is for the Offender Manager to make requests for additional licence
conditions as part of their Risk Management Plan as per 2.12 below. The only conditions
that may be approved are those that are necessary and proportionate to the management
of the offender’s risk in the community.
2.10
The Offender Manager must decide in consultation with senior probation colleagues if the
request for an additional licence condition(s) is both necessary and proportionate to
manage the offender’s risk.

PI 20/2012
Necessary means that the condition is necessary to enable the Offender Manager
to manage the risks identified within the Risk Management Plan and no other less
onerous condition will suffice. The condition must be needed to allow for effective
management of the offender.
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2.11
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Proportionate means that any restriction or loss of liberty arising from the
imposition of the condition is proportionate to the level of risk presented by the
offender that no other less intrusive means of addressing the risk is available or
appropriate. The condition cannot go further than is necessary to manage the risk.
If the Offender Manager and senior probation colleagues are so satisfied on both counts,
they must make a formal application for the condition to be included in the licence.
Wherever possible, the prison must provide the Pre-Discharge Form 1 (PD1) to the
Offender Manager by the thirteenth week prior to the offender’s release. Offender
Managers must complete the PD1 form when requesting licence conditions and must
provide a full explanation as to why additional conditions are deemed necessary and
proportionate. Wherever possible, this must be completed by the required deadline of
no later than 28 days before the offender’s release. Where additional conditions have to
be approved by the Parole Board, Offender Managers must factor in the need to allow for
sufficient time for the request to be considered. It is also the Offender Manager’s
responsibility to confirm to the Victim Liaison Officer (if applicable) the progress of any
victim related licence conditions, including when they are put forward to the decision
making authority and if they were accepted onto the licence or not.
Approving Additional Conditions
2.12
Additional conditions can only be inserted and can only be enforced if they are lawful. It is
the duty of the responsible authority to review the requests for additional conditions from
Offender Managers. This authority breaks down as follows:
o
o
Where there is a statutory duty for the Secretary of State to release a
prisoner automatically, the Governor will be responsible for setting the
licence conditions;
Where release is at the discretion of the Parole Board, then the Board will be
responsible for approving the conditions.
For those sentenced to the Extended Determinate Sentence, as above where the Parole
Board is responsible for reviewing a case, they will also be responsible for approving the
licence conditions. Otherwise where an offender is due to be released on an automatic
basis, the Governor of the releasing establishment is responsible.
2.13
Prison Governors can only approve requests for licence conditions and do not have the
authority to insert licence conditions that have not been submitted to them. Should there be
multiple versions of a victim related condition submitted, such as two versions of an
exclusion zone, the Governor must decide which of the conditions best meets the
requirements set out in 2.10 taking into account any evidence or arguments put forward by
the Offender Manager and the Victim Liaison Officer/Victim.
Judicial Recommendations
2.14
The CJA 2003 introduced a power for sentencers, when passing sentences on those who
have committed offences on or after 4 April 2005, to recommend to the Secretary of State
the inclusion of specific additional licence conditions. The Secretary of State is required to
give due regard to any such recommendation, which will be considered by the Offender
Manager in consultation with the Public Protection Casework Section (PPCS) of Offender
Management and Public Protection Group (OMPPG). There is a presumption that wherever
possible, all such recommendations will be included when releasing a prisoner on licence.
However, it is accepted that in some cases, the circumstances of the offender may have
changed to such a degree that the concerns leading to the judicial recommendation are no
longer relevant or that the condition may be detrimental to managing the offender’s risk.
PI 20/2012
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2.15
The Governor of the holding prison must send information on any judicial recommendations
to the relevant Probation Trust shortly after the prisoner has been received following
sentencing into custody using a copy of the record sheet 5089. Chief Executives of
Probation Trusts are advised to record locally any court-recommended condition(s) and
ensure that it is considered prior to ANY type of release under Chapter 6 of the CJA 2003
occurring. Those types of release (under the CJA 2003) are:





2.16
PAGE 8
Release on HDC;
Early (permanent) release on compassionate grounds;
An extended sentence prisoner (in relation to those aged 18 or over only);
A determinate sentence prisoner.
Any court-recommended condition in respect of a prisoner liable to deportation, but
who is released from custody on licence rather than held under Immigration Service
powers (i.e. NOT previously removed under the Early Removal Scheme), should
also be considered.
If the Offender Manager assesses the recommended licence conditions as not being
necessary or proportionate to managing the risk of the offender in the community, they
must consult with PPCS to seek authority to omit such conditions from the licence. In cases
where PPCS feels it to be detrimental or inappropriate to include the court-recommended
licence condition in the licence, it will write to the sentencing judge to advise him/her of the
decision and will provide reasons, and will also inform the Governor of the holding prison so
that it may be recorded.
MAPPA
2.17
MAPPA meetings do not have the authority to set licence conditions; their role is to make
recommendations based on previous offending behaviour, criminal associations, victim
considerations and any other community risk factor. Any requests for conditions that arise
during the course of a MAPPA meeting should be treated as suggestions for consideration.
If the Offender Manager accepts the inclusion of a licence condition proposed at a MAPPA
meeting, they should include this in the proposed licence. Where the Offender Manager
does not agree with the MAPPA-proposed conditions, this should be discussed at the
meeting, and the conclusion recorded in the minutes. If the Offender Manager believes that
they will need to discuss a suggested condition with senior staff, legal advisors or PPCS
before they can agree it at the meeting, they should state so and feedback to the members
after the consultation has been conducted. Victim-related licence conditions should be
considered as per 2.45 below.
Conditions for Extremist/Terrorist Offenders
2.18
These conditions are set out in Annex B and have been designed to manage the specific
risks to the community that may be posed by offenders convicted of extremist or terrorism
related offences in the event that the Offender Manager considers the management of the
risk in the community requires additional licence conditions not covered by those listed in
annex A. As with other additional conditions, they must only be used where they are
necessary and proportionate.
2.19
Pre-release planning for extremist offenders should start with a multi-agency meeting at
least six months before release. The MAPPA panel may recommend certain conditions
based on the information that they have on the offender but it is up to the Offender
Manager to decide, in consultation with senior probation staff, what conditions are
necessary to manage the risk posed. Annex B sets out examples of the type of conditions
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that can be used to manage specific risk factors associated with extremist offending. They
must not be used for other types of offenders.
Bespoke Conditions
2.20
If standard or additional licence conditions set out in Annex A or B are not judged to be
sufficient to manage specific risk factors, consideration must be given as to whether,
exceptionally, an application needs to be made for a “bespoke” condition. If so a formal
application must be made by the Offender Manager to PPCS (Licence Variation Team).
The application must set out why it is necessary and proportionate to manage a specific
risk factor by a condition not listed in Annex A or B. PPCS will consider such requests
within two days of the application being received. Where necessary, the caseworker will
consult with legal advisors, not only on the lawfulness of the condition, but on how it should
be drafted. Where an application is refused, the PPCS caseworker will provide reasons and
will advise on what other conditions may be used or adapted to assist in managing the risks
identified in the application.
2.21
Any bespoke condition which seeks to impose something different from the menu of
additional conditions must:
(i)
(ii)
fall within one of the requirements listed in 2.7; and,
not be applied to a licence without seeking agreement to this “bespoke” condition
from PPCS.
Internet Related Licence Conditions
2.22
The previous conditions relating to computer ownership and internet access have been
revised and updated. In order to support the aims of resettlement in the community, for
example where an offender is engaged in study or employment, the licence condition now
provides for an offender to access the internet in certain public places, and for specific
purposes. These will be assessed and reviewed by the Offender Manager.
2.23
The two previously approved additional licence conditions related to computer and internet
access must no longer be imposed on newly released offenders, except where specific
permission has been granted by PPCS to impose them as bespoke licence conditions.
The old conditions were:


2(b) Not to use directly or indirectly any computer, data storage device or other
electronic device (including an internet enabled mobile telephone) for the purpose of
having access to the Internet or having access to email, instant messaging services
or any other on line message board/forum or community without the prior approval
of your supervising officer. You must allow a responsible officer reasonable access,
including technical checks to establish usage.
2(c) Not to own or possess or permit in your address any computer without the prior
approval of your supervising officer.
The new conditions are:


PI 20/2012
2(b) Not to use or access any computer or device which is internet enabled without
the prior approval of your supervising officer; and only for the purpose, and only at a
public location, as specified by that officer.
2(c) Not to delete the usage history on any internet enabled device or computer
used and to allow such items to be inspected as required by the police or your
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supervising officer. Such inspection may include removal of the device for
inspection and the installation of monitoring software.
2.24
Where internet related conditions different to those in section 2 of Annex A (2(b) or 2(c)) are
listed on existing licences the Offender Manager must decide whether they should be
removed, or replaced with the new conditions.
2.25
Existing conditions different to those in section 2 of Annex A (2(b) or 2(c)) will be
enforceable only in exceptional cases where the risk posed by the offender would be
otherwise unmanageable. Where in those few exceptional cases existing conditions need
to be maintained those conditions must be considered bespoke and are subject to the
approval process by PPCS at 2.20.
2.26
Where the condition is being removed or replaced, the licence must be varied through the
normal processes (in 2.54-2.56 below) to the releasing Governor, or to the Parole Board via
the Public Protection Casework Section as appropriate. Any requests to vary the licence
due solely to the changes listed in this instruction should be marked as such.
2.27
Offenders who have any of these conditions on their licence should be informed as soon as
possible when the licence variation has been made in order to explain the new conditions
and sign the updated licence.
2.28
Both existing Prohibited Contact Requirements – 5(a) and 5(b) - are considered to include
the internet as a method of communication and so do not need to be further modified in
order to capture this type of contact. However, Offender Managers may wish to make this
clear to offenders when explaining those conditions.
2.29
Probation Trusts may want to liaise with their local police force regarding the
implementation of checks on equipment, as they may already have equipment and the
technical abilities to conduct these checks. This is especially relevant for MAPPA cases,
where the police may be keen to investigate the equipment themselves.
2.30
No conditions which allow the use of computers will overrule Approved Premises rule #14,
“I must not bring in to the Premises any electrical, electronic or photographic item, unless
the Approved Premises (AP) Managers allow it. If any such item can receive live TV
broadcasts, I must have a valid licence. I must make sure that any electrical item I have
has a valid portable appliance test (PAT) certificate where necessary.” This rule is in order
to ensure that any licensing and electrical testing is up to date and in place, as well as
preventing any devices which would be inappropriate for a communal setting.
Electronic Monitoring
2.31
The application of Electronic Monitoring related licence conditions is restricted to offenders
who are Critical Public Protection Cases (CPPC) and/or being managed at MAPPA Level 3,
or those who are being released on Home Detention Curfew (HDC).
“Supervision” in Child Contact Licence Conditions
2.32
Additional licence condition 5(b) states “Not to have unsupervised contact with children
under the age of …. without the prior approval of your supervising officer and [INSERT
NAME OF APPROPRIATE SOCIAL SERVICES DEPARTMENT]”. For
these
purposes
“supervision” means that contact between the offender and the child(ren) must be overseen
in person by the Offender Manager, a person who has been designated for this purpose by
the Offender Manager or by a member of the social services department.
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2.33
When placing this or a similar condition on an offender’s licence, the Offender Manager
must make it clear that supervised contact will only be considered as such when a person
specified in 2.32 is present. Any other form of contact will count as unsupervised contact,
and the Offender Manager must make a risk assessment before it can go ahead. The
overriding principle must be that the child’s welfare is paramount and that any contact
(whether supervised or unsupervised) must be in the child’s best interests. Any risk
assessment conducted by the Offender Manager must be completed in liaison with
Children’s Services as appropriate who will be able to feed in the feelings and wishes of the
child.
2.34
Should the child be a victim in the case or a close relative, and a VLO has been appointed,
then the VLO must be informed and involved in setting up any such meeting.
2.35
This condition must not be used to regulate situations such as chance meetings in public
places (e.g. in shopping centres or on public transport). Where it is thought that the
offender is attempting to deliberately engineer such meetings with children who are at risk,
then it can be considered a breach of the standard “good behaviour” condition instead.
Exclusion Zones
2.36
In some instances it will be necessary to apply for an exclusion zone to prevent an offender
from entering or visiting a specific area whilst under supervision. This could include
restrictions around schools, addresses of previous victims or locations where the individual
is at risk of drug and/or alcohol misuse. Exclusion zones are normally used to prevent
further offending associated with a particular area, for example gang related offences or to
address an identified threat to a victim or other person identified as being at risk.
2.37
The purpose of an exclusion zone condition must be clear and necessary, and the size of
the exclusion zone reasonable and proportionate. Furthermore there may be occasions
when it is necessary to balance the views of the victim with the need to support an
offender’s effective resettlement. For example, in some cases the offender, with prior
approval from the Offender Manager, may need to cross an exclusion zone by a prescribed
route to get to work, or to enter the zone in order to seek medical care. However, it should
be presumed that the access is only granted where there are no other alternatives – the
offender’s convenience is not a reason for modifying an exclusion zone.
2.38
It is important that an exclusion zone is drawn as proportionately as possible, to effectively
manage the risk that the offender presents and remain practical to manage and enforce. It
may be necessary to obtain lifestyle details relating to the victim(s) and their families, such
as where they live, work and socialise, together with similar information about the offender’s
family and lifestyle patterns. Where there is a Victim Liaison Officer (VLO) involved, the
Offender Manager must discuss the case with them so that the victim’s views are taken into
account and the VLO understands the Offender Manager’s reasoning for the particular
zone (see also 2.43 below with regard to victim considerations).
2.39
Any exclusion zone must be spelt out clearly where possible in terms of road or
geographical boundaries such as canals and rivers, and should leave the offender and
supervising agencies in no doubt as to whether a breach has occurred. For instance, an
exclusion zone drawn across a middle of a field or park where it would leave any doubt as
to whether the offender is inside or outside of the zone should be avoided unless there is
no way to draw the zone proportionately otherwise.
2.40
The offender must be given a map of the exclusion zone(s), and a list of the
road/geographical boundaries (if the map is not detailed enough to show each road or
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boundary). A copy of the zone boundaries (and list of boundaries if appropriate) must be
sent to the appropriate decision maker when applying for the condition.
2.41
Where a large exclusion zone is being considered, Offender Managers must consult with
the Post Recall Review Team of PPCS for advice, who in turn may seek legal advice. The
term “large” will have a different meaning in a city compared to a rural area, and different
considerations will need to be adopted. For instance, the lack of road junctions in a rural
area may require a zone to be drawn larger than intended in order to ensure that there are
clearly defined boundaries, which would not be an issue in an inner city.
2.42
In general terms, the use of postcode zones should be considered disproportionate, as a
breakdown of areas by Royal Mail has absolutely no relevance for arranging exclusion
zones based on individual cases. Exclusion zones should always be tailored to the
evidenced individual circumstances of the case.
Victims and Licence Conditions
2.43
Victims who qualify for victim contact (either as statutory victims under the Victim Scheme,
or those who have been opted into the scheme by the relevant Probation Trust on a
discretionary basis) have the right to make representations about licence conditions that
relate to them and must be informed about relevant conditions which are included in the
offender’s licence under the statute of section 35 of the Domestic Violence, Crime and
Victims Act 2004 (2004 Act). The Craven Judgement (2001) has allowed for conditions to
be imposed on the licence in order to prevent distress caused to the victim by a possible
encounter between the victim and offender, rather than to protect them from a specific risk
posed by the offender.
2.44
Exclusion zones constitute an interference with the rights of offenders under article 8 of the
ECHR (right to a private and family life). However, this interference can be justified if it is
necessary and proportionate. Necessary means an appropriate way of interfering with the
right bearing in mind the objective it is sought to achieve and proportionate means there is
no less intrusive means of achieving that objective. R (Craven) v Home Secretary is
authority that sparing the victim and the victim’s family from the emotional harm that may
arise from a chance meeting with the offender is an objective that can justify the
interference constituted by an exclusion zone. However, the zone and any applicable
restrictions must be considered carefully and be no greater in extent or severity than is
needed to minimise the risk of chance encounters whilst taking into consideration the
effects on the offender’s ability to visit family or friends, undertake work or carry out other
legitimate activities. The interference with the article 8 rights of the offender’s family must
also be considered and it should be recognised that the complete eradication of any risk will
often not be achievable whilst maintaining a proportionate exclusion zone
2.45
A “no contact” condition or exclusion zone (see below) does not have to be restricted to the
victim of the index offence. It could be the victim of a previous offence where they have
been brought into the victim contact scheme on a discretionary basis, or the family of the
victim of the index offence, particularly where there is evidence that the offender may target
them or seek to make contact even though contact may cause distress. These conditions
can even be imposed for the protection of the offender. It might also be appropriate to have
a “no contact” or exclusion zone condition for someone who is at risk of becoming a victim,
or who is vulnerable to the particular risk posed to the offender. This may be particularly
pertinent with offenders who have a history of domestic violence, as evidenced by previous
call outs, or intelligence from children’s services etc.
2.46
While there is a preference for including the victim’s name in any non-contact conditions,
this is not a requirement and in some circumstances there will be strong grounds for not
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doing so. In such cases the licence condition should only refer to the individual as “victim”
or “victim of the index offence”. Where this is required for members of the victim’s family,
they should be listed as “victim’s brother” or “victim’s mother” etc. A non-contact condition
should never specify the “victim’s family” as it is not a clearly defined group of people.
2.47
In practice Offender Managers must liaise with Victim Liaison Officers regarding victim
related licence conditions as early in the release planning process as possible, ideally when
first drafting the risk management plan for the offender’s release, and keep the VLO
informed as to the progress of inserting any victim related conditions into the licence.
2.48
The VLO should ensure that they make clear to the victim the goals of the licence period,
the requirement that conditions must be necessary and proportionate, and make sure that
they are aware that licence conditions cannot be punitive or be considered further
punishment, including exclusion zones. They should also explain that in cases where
limited information is available to an offender, that the victim’s general anonymity may be a
better protection than placing an exclusion zone on a licence and showing the offender the
general area in which they live.
2.49
The 2004 Act also requires the Probation Trust to forward the victim representations about
licence conditions to whoever is responsible for making the decision. If there is a
disagreement between the Offender Manager and VLO on behalf of the victim about the
licence conditions requested, the VLO should discuss any concerns with the victim,
particularly if there are concerns that the requested zone is too large or not based on
evidence and could be disproportionate. However if agreement cannot be reached with the
victim about the appropriate licence conditions to propose, the Trust is under a statutory
duty to forward the victim’s representations to the Parole Board or Prison. The Trust is, of
course, not obliged to agree with or advocate the victim’s representations and the Offender
Manager may apply for a condition that differs from that proposed by the victim. In such
circumstances the relevant authority would be required to choose the appropriate condition
to include in the licence, based on the evidence provided by the Offender Manager and the
VLO/victim.
Issuing of Licences
2.50
When explaining licence conditions to offenders, staff must ensure that the offender
understands any such conditions. This is particularly important with additional and bespoke
conditions as they may contain complex or detailed requirements. In addition, staff must
take into account any issues such as English as a second language, or learning disabilities
that may prevent the offender from understanding completely what is required of them.
The Initial Induction Meeting
2.51
At the initial induction meeting Offender Managers must explain the licence conditions on
the offender’s licence and that the good behaviour condition covers all aspects of behaviour
and can be used to recall offenders to prison if they do something that undermines their
supervision in the community. If Offender Managers are aware of a particular area of risk
they must highlight it at this meeting. They must also explain any specific details of a
licence condition, such as the boundaries of an exclusion zone, or the limitations of an IT
access condition. A note of this discussion must be recorded on the Trust’s case
management system.
Review of Additional/Bespoke Conditions
2.52
Offender Managers must ensure that Additional or Bespoke Licence Conditions are
regularly reviewed to ensure that they remain both necessary and proportionate (as defined
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in 2.10). Thought should be given to the possible relaxation of restrictions, other than those
specifically put in place for the protection of the victim, if an offender is making progress, or
their risk of serious harm has sufficiently decreased. The greater the imposition on the
offender, the more frequently the condition should be reviewed in order to ensure that it
continues to be required and remains proportionate. In most cases any reduction in the
licence conditions should only be applied in the last six to 12 months of a determinate
sentenced offender’s licence period (as appropriate, depending on the offender’s length of
sentence). However, where very restrictive conditions are in place (for example reporting or
curfew conditions), these should be reviewed at regular intervals from the date of
imposition. The more restrictive the condition the more often the review should be.
2.53
Where there is a licence condition that has been put in place specifically for the protection
of the victim, and the circumstances surrounding that condition (for example the
psychological harm posed to the victim) remains unchanged, then the condition should not
be modified due to the offender’s progress in the community, as the condition has been
added for a reason not wholly related to the offender’s behaviour in the community. It
should only change where elements related to the victim have changed, i.e. where a
victim’s child is going to a new school, and they have requested that the exclusion zone is
extended to cover the premises.
Licence Variation
2.54
Most of the standard and some other conditions permit an Offender Manager to dis-apply
the licence condition on a short term or one off basis if required to uphold the objectives of
the supervision period. If OMs are finding that they are doing this on multiple occasions or if
it is decided that a licence condition should be permanently disabled because it is no longer
necessary and proportionate, there should instead be a licence variation.
2.55
Applications to vary the licence should be made either to the governor of the relevant prison
or the Parole Board depending on who set the licence conditions on the offender’s first
release from prison.
2.56
Requests for licence variation should not be submitted unless the OM can provide evidence
to show that the offender’s behaviour or risk assessment has changed since release. This
is particularly important where licence variations fall to the Governor of the releasing
establishment and not the Board
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3.
Temporary travel abroad whilst on licence
3.1
The period of post-release supervision on licence forms an integral part of the sentence
imposed by the court. To ensure that offenders remain subject to such supervision,
temporary travel outside the UK and Islands must be permitted only where it meets the
appropriate criteria. The sixth standard condition of a post-release licence states that an
offender shall: “Not travel outside the United Kingdom unless otherwise directed by your
supervising officer”.
3.2
It is this specific licence condition which provides the legal authority for the general
prohibition. The National Offender Management Service has a duty of care to protect the
public from those offenders under its supervision. It should be remembered that while
overseas on a temporary basis, offenders will not be under supervision by the relevant
overseas jurisdiction.
3.3
Requests for temporary travel abroad for the purposes of family, business, recreation or
holiday must be considered on their individual merits, must not interfere with the sentence
plan or increase any risk of re-offending or risk of serious harm, and should contribute
positively to the rehabilitation and resettlement of the offender. It is crucial that each case is
considered carefully and the aims of the licence are borne in mind, namely to:
i.
ii.
iii.
Protect the public;
Prevent re-offending;
Re-integrate the offender into the community.
3.4
While it can be argued that Article 8 of the European Convention on Human Rights upholds
the right to family life, the second paragraph of that Article allows interference in the
exercise of a person’s Article 8 right for particular reasons, including, “for the prevention of
disorder or crime...or for the protection of the rights and freedoms of others”. In the case of
travel abroad on licence, any such travel would be unsupervised, and so interference is
required to ensure that the protection of the public is upheld.
3.5
There is no general prohibition on temporary travel within the UK and Islands (including the
Isle of Man and the Channel Islands), provided that supervision arrangements continue to
meet the requirements set out in the current National Standards and that the offender
complies with the requirements of his licence, including: 'permanently to reside at an
address approved by your responsible officer and notify him or her in advance of any
proposed stay (even for one night) away from that approved address'. Sex offenders
subject to notification requirements will have to register their travel with the police as per
the requirements on sex offender notification requirements (which includes notification of
travel to the Isle of Man and the Channel Islands), and may be required to register upon
arrival in certain jurisdictions (i.e. Jersey). The duration of any visit will, therefore, be
governed in part by the frequency of contact which the responsible officer may vary. Where
an offender is travelling to another jurisdiction within the UK and Islands, the Probation
Service (or Social Services in Scotland) should be informed prior to the offender’s arrival.
Who may authorise requests
3.6
Temporary travel outside the UK and Islands for all types of offenders on licence under
Probation supervision must be authorised in line with this guidance by a Senior Manager of
the Probation Trust (ACE or equivalent grade at least).
3.7
There is no appeal process, and it should be made clear to offenders who do not meet the
criteria that they can only expect a different result if the circumstances under which they
have applied have changed.
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Formulating a decision
3.8
Whilst in principle there is no minimum period of supervision required following release
before an application can be considered; enough time must have passed in order to assess
the offender’s risk of reoffending and compliance with licence requirements in the
community. Where an offender is still in custody and makes a temporary travel abroad
request they must be advised that an assessment will be conducted once they are in the
community and that a decision will be postponed until then.
3.9
If an offender who has applied for temporary travel abroad is a foreign national, then the UK
Border Agency must be contacted to ascertain whether the subject is of interest to them
and if they have any further pertinent information, or a view on the suitability of travel
abroad.
3.10
The following criteria must be taken into account in considering requests for temporary
travel abroad.
1)
2)
3)
4)
5)
6)
Will the benefits to the offender of travelling abroad be realised if the travel is
deferred until after the end of the licence period (for determinate sentence
offenders) or suspension of the supervision element of the licence (for indeterminate
sentence offenders)?;
Are travel or activities carried out abroad connected or potentially connected to the
offender’s index offence (e.g. importation of drugs; fraud involving companies set up
outside of the United Kingdom; human trafficking)?;
Will the travel interfere with the sentence plan or increase any risk of re-offending or
risk of serious harm, including risk of serious harm to prior victims?;
Will the travel interfere with reporting requirements or attendance at offending
behaviour programmes or interventions?;
Have there been any concerns regarding a lack of compliance or any escalation in
risk of reoffending or risk of serious harm in the past 12 months?;
Is the Senior Manager satisfied that the offender can be trusted to return and
resume the supervisory period?
3.11
If the answers to questions 1 to 5 are “no” and questions 6 is “yes”, then it can be
considered that an offender has met the requirements to qualify for temporary travel
overseas, i.e. the case can be considered sufficiently “exceptional” in order to allow an
offender to temporarily travel abroad. Any doubt whatsoever must give rise to a refusal and,
if necessary, liaison with OMPPG for further advice.
3.12
Given the importance of the aims of the licence period it will be difficult to satisfy criterion 1
in paragraph 3.10 where the reason for travel is for recreation or holiday purposes only, or
to satisfy criteria 2 to 6 where an offender is reviewed as being of high or very high risk of
serious harm. Where an offender has been on licence for a long time, for instance over five
years, has complied with requirements, and there are no significant risk issues, there may
be instances where refusing an application could be considered to work against the reintegration of the offender into the community. Where a reviewing officer considers this to
be the case, then they could also consider whether this causes the request to travel to meet
criterion 1 above.
3.13
If an application by an offender is successful, then full details of any trip that is due to take
place must be recorded by the local Probation Trust. The offender must supply the
responsible officer with the dates and travel details (e.g. flight numbers, ferry times, etc.)
when the offender will depart from and return to the UK, and contact details overseas
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(address and a contact number if possible). All such information must be independently
verified wherever possible and recorded on file locally.
Employment-related temporary travel
3.14
If the offender is applying to temporarily travel abroad for business purposes, i.e. in order to
seek or undertake employment, the presumption is that the employment has already been
reviewed by the Offender Manager (OM) and found to be suitable. Criterion 1 of the general
criteria can pose a potential problem for OMs to judge with business-related temporary
travel abroad as they are often not in a position to be able to determine accurately whether
this type of travel can wait until after a licence period has been completed. Therefore for
business related travel abroad, the following criterion applies, replacing criterion 1.
7)
Does the employer support the offender’s request to travel abroad, and is the
employer fully aware of the restrictions placed on the offender by the licence
period?
3.15
Any request to travel abroad for business requires that disclosure of the offender’s
offending history has already occurred to that employer, and a written letter from that
employer should be supplied to the OM supporting the offender’s request. This should be
seen as fulfilling the requirement in the criteria 1; however, the OM may need to further
discuss with the offender and employer the arrangements for reporting during this period
and should seek to come to a compromise over the time spent overseas and any
adjustments to the reporting schedule.
3.16
These requirements will be more difficult to fulfil for self-employed or freelance offenders,
due to the need for independent evidence of the need to travel. Therefore criterion 7 will not
apply in those cases, and it will be up to the offender to supply sufficient evidence to meet
criterion 1.
Lifers and IPPS
3.17
As a general rule for offenders subject to indeterminate sentences, permission to travel
abroad during the early part of the licence (prior to the suspension of the supervising
element of the licence) must be considered according to the factors listed in section 3.10.
Criterion 1 must be considered in relation to the estimated time until the suspension of
supervision instead of the end of the licence period.
Existing and recent applications
3.18
Offender Managers may wish to consider whether to bring recent applications for temporary
travel abroad back to their ACO for a further review under this policy instead of the previous
policy under PC 04/2006.
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Annex A
Additional Licence Condition Criteria and Table
Any additional condition must be necessary and proportionate and where the sentence is an indeterminate sentence or an extended
sentence must have a causal link to the index offence
REQUIREMENTS
1. Contact
Requirement
LICENCE CONDITIONS
(a) Attend all appointments arranged for you
with [INSERT NAME], a psychiatrist /
psychologist / medical practitioner and cooperate fully with any care or treatment they
recommend.
(b) Receive home visits from [INSERT
NAME] Mental Health Worker
ADVICE
Where an Offender Manager requires an offender to attend a session with a
psychiatrist / psychologist / medical practitioner, he or she must be named and
must be willing to treat the offender concerned.
This condition should only be used if the offender consents to the treatment.
Declining to co-operate with this condition means the offender is not addressing
his/her offending behaviour and the possible consequence of this needs to be
explained to the offender.
Where consent is not forthcoming the expectation that the offender access
psychiatrist/psychologist/medical intervention and treatment should be written in
the Risk Management Plan and Sentence Plan. If the objective is not complied
with then inference can be drawn that the Risk of Serious Harm is not being
addressed and the purpose of supervision/rehabilitation undermined. It will then
be possible to recall under the relevant standard condition. This should be
explained to the offender and recorded as the discussion having taken place.
The requirement that an offender attend a duly qualified medical practitioner also
includes any reasonable request to undergo drug counselling.
2. Prohibited Activity
Requirement
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(a) Not to undertake work or other organised
activity which will involve a person under the
age of [INSERT AGE], either on a paid or
unpaid basis without the prior approval of
your supervising officer;
The age limit is usually to be 16 unless the offender would be in a position of
trust, in which case the age limit should be 18.
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REQUIREMENTS
LICENCE CONDITIONS
(b) Not to use or access any computer or
device which is internet enabled without the
prior approval of your supervising officer; and
only for the purpose, and only at a public
location, as specified by that officer.
PAGE 19
ADVICE
This condition should only be used where past offending is linked to use of the
internet, or there is sufficient risk that the offender may in future use the internet
to offend, such as a child sex offender. It is therefore suitable primarily for sex
offenders, but may also be considered for offenders with various types of
offences including (but not limited to): commerce related convictions,
harassment, hacking, extremism, and any type of conviction where online
communications may be linked to further offending.
This condition is intentionally worded to cover all types of devices which grant
access to the internet for the user, including computers, internet enabled mobile
telephones, tablets (including eReaders such as Kindles, Kobos, Nooks and
other devices of this type), gaming consoles (including handheld devices), and
television sets with internet access. This is not intended to be an exhaustive list,
and Offender Managers should ensure that thought is given to the possibility of
use of any device with internet access.
This condition is intended to prohibit the offender from accessing the internet,
other than in designated public places. The Offender Manager should restrict the
location from which an offender can access the internet to a public place
deemed suitable in each case. This may be one place, or more than one,
depending on the case. Suitable locations are likely to include Jobcentres or
libraries, but may also include other premises where appropriate, such as the
offices of the probation trust, or the offender’s place of work. Access from
internet cafés or another person’s home should not be allowed under any
circumstances.
Should the condition be reviewed and amended during the licence period, and
the offender manager permits access from an offender’s own computer/device,
then 2(c) should also be added to the licence in order to ensure that the
offender’s internet usage can be checked.
As well as restricting the location, this condition is intended to restrict the
purposes for accessing the internet. Suitable purposes should ordinarily only be
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REQUIREMENTS
LICENCE CONDITIONS
PAGE 20
ADVICE
limited to seeking employment, for study, or for work (i.e. as part of the
offender’s job). However, there may be legitimate circumstances where an
offender will seek access in addition to those reasons (e.g. research for legal
cases, applying for a driving licence or payment of bills online). In those cases,
the offender may request permission from their Offender Manager who will
review their application against any potential risks.
Examples of restrictions which may apply under this condition include an
offender required to use computers only at the college they attend for education,
or a requirement using a combination of 2(b) and 2(c) to require an offender to
only use a computer or internet-enabled device upon which monitoring software
has been installed.
(c) Not to delete the usage history on any
internet enabled device or computer used
and to allow such items to be inspected as
required by the police or your supervising
officer. Such inspection may include removal
of the device for inspection and the
installation of monitoring software.
This condition is intended to allow for inspection and/or monitoring of internet
usage. This may be in addition to 2(b) as a means of checking compliance with
that condition, or by itself.
The requirement for the offender to allow monitoring software to be installed onto
their equipment will only apply in areas where such software is available to the
probation trust or the police and agreement among these parties has been
reached that it will be used, prior to adding it to the licence.
Refusal to allow a device to be removed for checks can be considered a breach
of the condition, as can tampering with any monitoring software installed.
Offender Managers can ask for any or all devices to be presented for inspection.
If any others are then found, that would be a breach of the condition.
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REQUIREMENTS
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LICENCE CONDITIONS
ADVICE
(d) Not to own or possess more than one
mobile phone or SIM card without the prior
approval of your supervising officer and to
provide your supervising officer with details of
that mobile telephone, including the IMEI
number and the SIM card that you possess.
This condition is applicable where it is believed that the offender is using multiple
phones or SIM cards in an effort to conceal offending behaviour or contact which
is disallowed under other conditions.
(e) Not to own or possess a mobile phone
with a photographic function without the prior
approval of your supervising officer.
This condition would be permissible where a camera phone has been used in
previous offending or there is a risk that behaviour could escalate whereby a
camera phone could be potentially used in future offending. Whilst it would be
primarily used against sex offenders, there may be other types of offenders
(such as extremist offenders) where individual cases can warrant the condition.
(f) Not to own or use a camera without the
prior approval of your supervising officer.
For the purposes of this condition, a camera is taken to mean any camera which
is not a camera-phone. The word camera is also taken to mean items such as
camcorders. The condition is intended to mean both digital and non-digital
cameras, including devices such as webcams.
The International Mobile Equipment Identify (IMEI) number can be found by
typing *#06# into the keypad of most phones or within the battery compartment
of a mobile phone. It is used to identify an individual mobile phone, and does not
change when the SIM card/phone number is changed.
This condition would be permissible where a camera has been used in previous
offending or there is a risk that behaviour could escalate whereby a camera
could be potentially used in future offending.
3. Residency
Requirement
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(a) To permanently reside at [INSERT NAME
AND ADDRESS e.g. an approved premises]
and must not leave to reside elsewhere, even
for one night, without obtaining the prior
approval of your supervising officer;
thereafter must reside as directed by your
supervising officer.
This condition is stronger than the standard condition to reside as approved.
The standard condition requires the offender to notify the Probation Service of
his address. This condition applies in cases where the supervising Probation
Area decides it is necessary and proportionate to direct that the offender live at a
particular address. Some offenders have in the past challenged the meaning of
the term ‘reside’. Court judgments have confirmed that licence conditions
formulated in terms of ‘you must reside at’ have the clear effect of requiring that
the licensee spend every night at the place in question. It is therefore possible
to insist that offenders stay each night in a particular address and must ask for
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REQUIREMENTS
LICENCE CONDITIONS
PAGE 22
ADVICE
permission to stay elsewhere. If the offender should spend just one night away
from the specified address they are in breach of this particular licence condition.
4.
4. Prohibited
Residency
Requirement
(a) Not to reside (not even to stay for one
night) in the same household as [ANY / ANY
FEMALE / ANY MALE] child under the age of
[INSERT AGE] without the prior approval of
your supervising officer
Please see comments under Residency Requirement. Such a condition would
normally be more effective if it is combined with a prohibited contact
requirement.
5. Prohibited Contact
Requirement
(a) Not to seek to approach or communicate
with [INSERT NAME OF VICTIM AND / OR
FAMILY MEMBERS] without the prior
approval of your supervising officer and / or
[INSERT NAME OF APPROPRIATE SOCIAL
SERVICES DEPARTMENT].
Licence conditions requiring an offender not to contact the victim or members of
the victim’s family should ordinarily include the names of the individuals to whom
the ‘no contact’ condition applies. However, there may be circumstances
particular to a case where the naming of an individual is not appropriate where
placing a victim and/or family member’s name on the licence could cause
additional emotional distress.
Consideration should be made on a case by case basis as to whether indirect
contact by the offender through another party has breached this condition.
Where it can be shown that an offender acted deliberately to cause the indirect
contact to occur, they can be considered to have breached the condition.
(b) Not to have unsupervised contact with
[ANY / ANY FEMALE / ANY MALE] children
under the age of [INSERT AGE] without the
prior approval of your supervising officer and /
or [INSERT NAME OF APPROPRIATE
SOCIAL SERVICES DEPARTMENT] except
where that contact is inadvertent and not
reasonably avoidable in the course of lawful
daily life.
PI 20/2012
A licence condition prohibiting unsupervised contact with children should only be
used where there is an identified risk, as evidenced by past sexual offending
against children. The use of such a condition is normally to supplement those
conditions which prohibit living or working with young people. The wording of the
condition does allow for inadvertent contact, e.g. through travelling on public
transport or going to the shops without breaching the condition.
The upper age limit should normally be 16, since the majority of child sex
offences relate to children under 16. The exceptions are offences committed
under ss16-19 Sexual Offences Act 2003 where the offender was in a position of
trust, and those committed against family members (under ss25 and 26).
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REQUIREMENTS
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PAGE 23
ADVICE
Offender Managers should consider whether the offending behaviour indicates
that the condition can be restricted to children of one gender. It is unlikely to be
proportionate to prohibit contact with all children if the offending behaviour has
only been directed towards children of one gender.
Where the risk is not to family members, exceptions to the condition may be
needed to allow contact with family members under the age of 16 or 18.
6. Programme
Requirement
(a) To comply with any requirements
specified by your supervising officer for the
purpose of ensuring that you address your
alcohol / drug / sexual / violent / gambling /
solvent abuse / anger / debt / prolific /
offending behaviour problems at the [NAME
OF COURSE / CENTRE].
(b) Participate in a prolific or other priority
offender project (PPO) [SPECIFY WHICH]
and, in accordance with instructions given by
or under the authority of your supervising
officer attend all specified appointments with
your supervising officer and any other
agencies for the purpose of ensuring that you
address your offending behaviour for the
duration of the programme.
7. Curfew
Requirement
PI 20/2012
(a) Confine yourself to an address approved
by your supervising officer between the hours
of [TIME] and [TIME] daily unless otherwise
authorised by your supervising officer. This
condition will be reviewed by your supervising
officer on a [WEEKLY / MONTHLY / ETC]
basis and may be amended or removed if it is
These conditions are routinely used to ensure offenders participate in offending
behaviour programmes, and typically would involve the elimination of those
options which do not apply in each case.
Where this has been applied to a licence, and the offender fails to meet the
criteria for a particular offending behaviour programme (such a denier sex
offender not qualifying for a particular sex offender treatment programme which
requires an admission of guilt), then the offender cannot be considered to have
breached the condition.
To be lawful the total number of hours allowed as a curfew is a maximum of 16
hours per day.
Any curfew over 12 hours needs to be cleared with PPCS and any additional
reporting requirements within the non curfew hours could be unlawful, so these
should be cleared as well. Further guidance on reporting requirements is given
in section 9 of this annex.
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REQUIREMENTS
LICENCE CONDITIONS
felt that the level of risk that you present has
reduced appropriately.
(b) Confine yourself to remain at [CURFEW
ADDRESS] initially from [START OF
CURFEW HOURS] until [END OF CURFEW
HOURS] each day, and, thereafter, for such a
period as may be reasonably notified to you
by your supervising officer; and comply with
such arrangements as may be reasonably put
in place and notified to you by your
supervising officer so as to allow for your
whereabouts and your compliance with your
curfew requirement be monitored [WHETHER
BY ELECTRONIC MEANS INVOLVING
YOUR WEARING AN ELECTRONIC TAG
OR OTHERWISE].
8. Exclusion
Requirement
(a) Not to enter the area of [CLEARLY
SPECIFIED AREA], as defined by the
attached map without the prior approval of
your supervising officer.
(b) Not to enter [NAME/TYPE OF PREMISES
/ ADDRESS / ROAD] without the prior
approval of your supervising officer.
PI 20/2012
PAGE 24
ADVICE
These curfew hours should also include any standard curfew added as part of
residence at an Approved Premises (AP). For instance, where an AP has the
standard curfew of 11pm to 6am would count as seven hours towards the
maxima of 12 and 16 hours. Blanket extended curfews across resident groups
beyond those in the AP Rules are not allowed, and any extension to curfews
must be considered on a case by case basis.
Electronic monitoring is only available for offenders on licence who are MAPPA
level 3, including those who are considered Critical Public Protection Cases
(CPPC). In those cases, 7(b) should be used. For all other curfew purposes, 7(a)
should be used instead.
Any requests in relation to Intensive Supervision and Surveillance
Programme (ISS) being used as a condition of licence for Young Offenders,
should be referred to the Youth Justice Board.
The exclusion area must be defined precisely. A blanket ban on entering a large
town, for example, will not always be acceptable unless the reasons for placing
the zone can be supported by sufficient evidence. The zone should be no bigger
than is reasonably necessary to achieve the objective sought. In order to define
the exclusion area as clearly and precisely as possible, it is necessary to draw
the boundaries on a map or diagram. The offender must be in no doubt where
the exclusion zone begins and ends.
More limited exclusion zones may be used in order to prevent re-offending, for
example, preventing an offender from entering an area where there are
nightclubs and where previous offending has occurred. Furthermore, exclusion
zones can be used to prevent an offender from entering a specific type of
premises, such as a pub or an internet café, where it can be shown that such an
exclusion is required to manage the offender in the community and is
UNCLASSIFIED
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REQUIREMENTS
LICENCE CONDITIONS
PAGE 25
ADVICE
proportionate to the risks posed by the offender. If it is felt that the required
exclusion zone would interfere with the offender’s day to day life, then
confirmation must be sought from PPCS, who in turn may seek legal advice.
It may be suitable to relax certain restrictions such as these (when not related to
victim contact) on a temporary basis in order to test the offender, before
removing them completely through licence variation.
9. Supervision
Requirement
PI 20/2012
(c) Not to enter or remain in sight of any
[CHILDREN’S PLAY AREA, SWIMMING
BATHS, SCHOOL ETC] without the prior
approval of your supervising officer.
This condition is primarily designed for child sex offenders where it is linked to
past behaviours or offences. OMs should also keep in mind where certain
locations may allow for similar behaviour – for instance where an offender is
banned from beaches due to his previous behaviour, it may be advisable to also
ban the offender from swimming pools due to the similar nature of the locations.
(a) On release to be escorted by police to
Approved Premises
Conditions requiring compliance with Approved Premises or other
accommodation rules must be avoided if possible. Such rules are many and
varied and it is difficult to argue that recall is always a proportionate response to
any breach. If an offender’s consistent refusal to comply with rules presents a
real risk to staff or other residents, it would be reasonable to seek to recall him
under the condition to be of good behaviour.
(b) Report to staff at [NAME OF APPROVED
PREMISES / POLICE STATION] at [TIME /
DAILY], unless otherwise authorised by your
supervising officer. This condition will be
reviewed by your supervising officer on a
[WEEKLY / MONTHLY / ETC] basis and may
be amended or removed if it is felt that the
level of risk you present has reduced
appropriately.
There should be no blanket approach for reporting requirements based on the
location where the offender is housed, so it needs to be evidenced that an
offender needs to have this type of condition on their licence in order to manage
them in the community, and not just because they are currently housed in an
Approved Premises.
Any requirement to have more than one reporting period per 12 hours must be
approved by the Post Recall Review Team at PPCS. This includes short curfew
periods being used to provide the same effect.
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REQUIREMENTS
LICENCE CONDITIONS
ADVICE
(c) Provide your supervising officer with
details [SUCH AS MAKE, MODEL, COLOUR,
REGISTRATION] of any vehicle you own,
hire for more than a short journey or have
regular use of, prior to any journey taking
place.
The condition requiring notification of vehicle details should normally only be
applied for when the offending relates specifically to the use of a car and/or there
is a direct causal link between the offender’s identified risk factors and the use of
a vehicle. As with all licence conditions, inclusion of this condition in a licence
will have to be a necessary a proportionate way of achieving one or more of the
aims of the licence to be lawful.
(d) Notify your supervising officer of any
developing intimate relationships with
[WOMEN / MEN / WOMEN OR MEN].
Conditions relating to the notification of intimate relationships can be used if
there is a specific risk of groups of people. Where specific risks are involved, a
blanket ban may be difficult to justify and it would be preferable to say whether
the condition relates to males or females and provide reasons.
(e) Notify your supervising officer of any
developing personal relationships, whether
intimate or not, with any person you know or
believe to be resident in a household
containing children under the age of 18. This
includes persons known to you prior to your
time in custody with whom you are renewing
or developing a personal relationship with.
(f) To notify your supervising officer of the
details of any passport that you possess
(including passport number), and of any
intention to apply for a new passport.
PI 20/2012
PAGE 26
The definition of intimate relationships can be subject to interpretation. In all
cases the risk and previous offending behaviour should be carefully considered.
Where individuals are known to pose an immediate risk to women/men
enforcement action may best be planned for through the good behaviour
condition where concerns are expressed by potential victims or others.
Conditions (f) and (g) are two levels of essentially the same condition in order to
allow for local discretion based on the risks posed by the offender. Condition (e)
is the less intrusive version and may be used to reinforce the standard
constriction which restricts travel abroad where necessary.
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UNCLASSIFIED
REQUIREMENTS
10. Non- Association
Requirement
LICENCE CONDITIONS
PAGE 27
ADVICE
(g) To surrender your passport(s) to your
supervising officer and to notify your
supervising officer of any intention to apply
for a new passport.
The requirement to hand over a passport should be used only where there is a
perceived flight risk, or where the offence history has a direct link to travel (such
as the importation of drugs). Consideration should also be given to safe storage,
and liaison with local police on this aspect would be considered best practice.
The offender should still be able to access the passport as required should it be
needed for other identification purposes (for instance, where a drivers licence is
not available), but the Offender Manager should take account of this and the
passport should be handed back in once that activity is completed.
(a) Not to contact or associate with [NAMED
OFFENDER(S) / NAMED INDIVIDUAL(S)]
without the prior approval of your supervising
officer.
In most cases it will be difficult to justify a general condition preventing an
offender from associating with “any ex-offender”. The name of the offender must
be inserted. It is acceptable to require non-association with named individuals
who are linked with previous offending (for example, convicted members of a
child sex offender ring) or individuals with whom the supervising officer has good
reason to believe that association could lead to future offending (for example, a
child sex offender who has forged links with other child sex offender whilst in
prison). In cases where a person’s offending is not linked to a restricted number
of individuals it is more difficult to justify a non-association condition.
Where the intention is to prevent the offender from contacting a victim of a
previous offence, condition 5(a) should be used instead.
(b) Not to contact or associate with a known
sex offender other than when compelled by
attendance at a Treatment Programme or
when residing at Approved Premises without
the prior approval of your supervising officer.
In respect of associating with sex offenders the Offender Manager can consider
this condition if it is reasonable that the offender could be expected to know
certain individuals as they have served on the same wing, attended the same
programme etc. The Offender Manager should evidence this at the point of
enforcing this condition.
Where an offender is being housed other than at an Approved Premises as
required by the Probation Trust and may be associating with known sex
offenders due to this, such as at Langley House Trust accommodation, the
PI 20/2012
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ISSUE DATE 06/12/2012
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REQUIREMENTS
LICENCE CONDITIONS
PAGE 28
ADVICE
Offender Manager will need to inform the offender that they are not subject to
breach under this condition.
PI 20/2012
(c) Not to contact directly or indirectly any
person who is a serving or remand prisoner
or detained in State custody, without the prior
approval of your supervising officer
Where an offender is associating with other criminals and there is reason to
believe that the association is likely to lead to reoffending, the offender could be
recalled under the good behaviour condition.
(d) Not to associate with any person currently
or formerly associated with [NAME OR
DESCRIBE SPECIFIC GROUPS OR
ORGANISATIONS] without the prior approval
of your supervising officer.
This groups and organisation condition may be appropriate for certain offenders,
but only if there is a clear link between the offending behaviour and/or current
risk factors and one or more identifiable groups or organisations such as
extremist groups or gangs. As with other conditions that engage the offender’s
rights, this condition can only be used where it is necessary and proportionate to
manage the risk posed by the offender. You will need to take into account the
nature of the offending to check that the condition is justified. Prohibited activity
should always be subject to the clause “…..without the prior approval of your
supervising officer”. The Offender Manager must determine if it is appropriate to
grant such approval in all the circumstances of the case.
UNCLASSIFIED
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UNCLASSIFIED
REQUIREMENTS
Although this
particular condition
is NOT part of the
list of
‘Requirements’, it is
open to the
Secretary of State
to include it on a
prisoner’s release
licence. However,
decisions to include
the condition in a
licence MUST
accord with the
guidance set out in
this part of Annex
A.
PAGE 29
LICENCE CONDITIONS
ADVICE
(a) Attend [INSERT NAME AND ADDRESS],
as reasonably required by the probation
officer, to give a sample of oral fluid / urine in
order to test whether you have any specified
Class A drugs in your body, for the purpose
of ensuring that you are complying with the
condition of your licence requiring you to be
of good behaviour.
Any offender who is found to be in possession of class A drugs has immediately
put himself in breach of the standard condition to be well behaved.
This provision is limited to offenders defined as ‘prolific and other priority’ (PPOs)
by local Community Safety Partnership (CSPs). It is limited by the Secretary of
State to particular drugs (only those listed as class A). The condition must be
necessary and proportionate. Beside being PPOs, offenders MUST be over 18,
have a substance misuse condition linked to their offending, and have served
their sentence for a ‘trigger offence’ specified by the Criminal Justice and Court
Services Act, s.64 and Sch.6 (as amended).
These offences are:
Offences under the following provisions of the Theft Act 1968:
Section 1 (theft)
Section 8 (robbery)
Section 9 (burglary)
Section 10 (aggravated burglary)
Section 12 (taking a motor vehicle or conveyance without authority)
Section 12A (aggravated vehicle taking)
Section 15 (obtaining property by deception)
Section 22 (handling stolen goods)
Section 25 (going equipped for stealing etc.)
Offences under the following provisions of the Misuse of Drugs Act 1971 are
trigger offences if committed in respect of a specified Class A drug:
Section 4 (restriction on production and supply of controlled drugs)
Section 5(2) (possession of a controlled drug)
Section 5(3) (possession of a controlled drug with intent to supply)
An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger
PI 20/2012
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REQUIREMENTS
LICENCE CONDITIONS
PAGE 30
ADVICE
offence, if committed under any of the following provisions of the Theft Act 1968:
Section 1
Section 8
Section 9
Section 15
Section 22
(theft)
(robbery)
(burglary)
(obtaining property by deception)
(handling stolen goods)
Offences under the following provisions of the Vagrancy Act 1824:
Section 3
Section 4
(begging)
(persistent begging)
Alcohol - general advice
Conditions prohibiting the consumption of alcohol are hard to enforce and there may be difficulties in arguing that limited consumption should always lead
to recall. There is no statutory provision to allow offenders who are released on licence to be required to comply with an alcohol test. However, the
condition to be of good behaviour contains sufficient power to request recall in those cases where risk is unacceptable after alcohol consumption or
where an offender is ejected from an Approved Premises for consuming alcohol.
Intrusive alcohol testing can be conducted only with the offender’s consent, though complying with alcohol testing can be made a condition of the
Approved Premises rules that an offender is asked to sign on entry. Should technology be available to test alcohol levels without requiring bodily fluids
then it may be permissible to do so, but as with any requests for conditions related to alcohol consumption, they should be treated as bespoke and must
be approved by the Post Recall Review Team in PPCS so that legal advisors can be consulted.
PI 20/2012
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PAGE 31
Annex B
Additional Licence Conditions ONLY for Extremist Offenders (including those convicted under Terrorist Act legislation) which may be used
in addition to those listed at Annex A, providing proportionality is met.
Any additional condition must be necessary and proportionate and where the sentence is an indeterminate sentence or an extended
sentence must have a causal link to the index offence
REQUIREMENTS
LICENCE CONDITIONS
1. Prohibited
Contact
(a) Not to contact directly or indirectly any person
whom you know or believe to have been charged
or convicted of any extremist related offence,
without the prior approval of your supervising
officer.
2. Non-Association
Requirement
(a) Not to attend or organise any meetings or
gatherings other than those convened solely for
the purposes of worship without the prior
approval of your supervising officer.
3. Restricted
activity
ADVICE
These conditions are in addition to the prohibited contact ones in Annex A and
cater for those charged under the Terrorism Acts.
It is possible to include conditions for these offenders surrounding their worship
and engagement with religious activities if there is a concern that this will
undermine the purposes of supervision. This needs to be clearly articulated.
Again they should only be used where it is necessary and proportionate to
manage the risk. Prohibited activity should always be subject to the clause
(a) To only attend places of worship which have “…..without the prior approval of your supervising officer” You will need to take
been previously agreed with your supervising into account the nature of the offending to check that the condition is justified.
officer.
(b) Not to give or engage in the delivery of any
lecture, talk, or sermon whether part of an act of
worship or not, without the prior approval of your
supervising officer.
PI 20/2012
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ISSUE DATE 06/12/2012
UNCLASSIFIED
REQUIREMENTS
PI 20/2012
PAGE 32
LICENCE CONDITIONS
ADVICE
(c) Not to have in your possession any printed or
electronically recorded material or handwritten
notes which contain encoded information or that
promote the destruction of or hatred for any
religious or ethnic group or that celebrates,
justifies or promotes acts of violence, or that
contain information about military or paramilitary
technology, weapons, techniques or tactics
without the prior approval of your supervising
officer.
It is the nature of the offending and evidence from the circumstances of the index
offence that justifies the need for this condition.
(d) Not to engage in any discussion or act to
promote grooming or influencing of an individual
or a group for the purpose of extremism or
radicalisation.
This may be used where there are grounds for thinking an offender may try to
recruit or engage others in behaviour which supports extremist offending related
to previous offending. This may be based on observed behaviour in custody or
on the index offence.
(e) Not to participate directly or indirectly in
organising and/or contributing to any
demonstration, meeting, gathering or website
without the prior approval of your supervising
officer. This condition will be reviewed on a
monthly basis and may be amended or removed
if your risk is assessed as having changed.
When explaining this condition to an offender, the Offender Manager must
specify the limitation of the condition. For instance, the demonstration, meeting,
gathering or website must be related to specific groups such as animal
rights/extreme right wing etc. It should be explained that it is not a broad blanket
ban to such activities, any such general ban would breach the rights for freedom
of expression and assembly and association. However, under the European
Convention on Human Rights, we can interfere with those rights where it for the
prevention of unrest, violence and crime. Therefore any application of this
condition must have a specific use.
UNCLASSIFIED
ISSUE DATE 06/12/2012
UNCLASSIFIED
REQUIREMENTS
4. Supervision
requirement
PI 20/2012
LICENCE CONDITIONS
(a) Provide your supervising officer with the
details of any bank accounts to which you are a
signatory and of any credit cards you possess.
You must also notify your supervising officer
when becoming a signatory to any new bank
account or credit card, and provide the
account/card details. This condition will be
reviewed on a monthly basis and may be
amended or removed if it is felt that the level of
risk that you present has reduced appropriately.
PAGE 33
ADVICE
This condition must be carefully applied (for example convicted of offences
related to raising funds for terrorism or extremist activities). It is the nature of the
offending and evidence from the circumstances of the index offence that justifies
the need for this condition.
UNCLASSIFIED
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UNCLASSIFIED
PAGE 34
Annex C
Flowcharts for Standard Determinate Sentenced Prisoners
Offender due to be released is sentenced to a:
CJA 1991 (determinate sentence less than 4 years)*
CJA 1991 (determinate sentence over 4 years) – ‘converted’ by s26 CJ&IA 2008*
CJA 1991 (determinate sentence over 4 years) – not ’converted’ by s26 CJ&IA 2008,
and released automatically at the two thirds point of sentence*
CJA 2003 Standard determinate sentence (SDS)/ extended sentence imposed on or
after 14 July 2008
Initial release only
Offender Manager draws up
risk management plan.
OM and VLO
discuss any victim
related conditions
If there is a victim under the
victim contact scheme:
Victim Liaison Officer forwards
victim related conditions to
Offender Manager
OM submits
licence
conditions
VLO and victim discuss
victim related conditions
Governor of releasing
establishment considers
submitted licence conditions.
Victim under VCS
Governor considers which
victim related conditions to add
to licence (if alternatives
submitted).
Any bespoke conditions
considered by Post Recall
Review Team (PPCS)
Licence issued
* Once the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, all Criminal
Justice Act 1991 sentences will be provided for in Schedule 20B of the Criminal Justice Act 2003.
PI 20/2012
UNCLASSIFIED
ISSUE DATE 06/12/2012
UNCLASSIFIED
PAGE 35
Annex D
Flowcharts for 1991 Act Unconverted Determinate Sentenced Prisoners
Offender due to be released is sentenced to a:
CJA 1991 (determinate sentence over 4 years) –
unconverted – where release is by the Parole Board*
CJA 2003 extended sentence imposed prior to 14 July
2008
Initial release only
Offender Manager draws up
risk management plan.
OM and VLO
discuss any victim
related conditions
If there is a victim under the
victim contact scheme:
Victim Liaison Officer forwards
victim related conditions to
Offender Manager
OM submits
licence
conditions
VLO and victim discuss
victim related conditions
Establishment adds risk
management plan to dossier.
Establishment
forwards dossier
to Parole Board
Victim under VCS
Parole Board review case for
release, including licence
conditions.
PB agree
offender’s
release and
conditions
PB refuse
offender’s
release
Any bespoke conditions
considered by Post Recall
Review Team (PPCS)
Establishment prepare licence
as per Parole Board’s
recommendations
Offender not released
Licence issued
Offender released
* Once the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, all Criminal
Justice Act 1991 sentences will be provided for in Schedule 20B of the Criminal Justice Act 2003.
PI 20/2012
UNCLASSIFIED
ISSUE DATE 06/12/2012
UNCLASSIFIED
PAGE 36
Annex E
Flowcharts for Indeterminate Offenders and all Recalled Offenders
Offender due to be released is sentenced to a:
Indeterminate/Life Licences
Any type of offender who has been recalled and is
subject to review for re-release by the Parole Board
Offender Manager draws up
risk management plan.
OM and VLO
discuss any victim
related conditions
If there is a victim under the
victim contact scheme:
Victim Liaison Officer forwards
victim related conditions to
Offender Manager
OM submits
licence
conditions
VLO and victim discuss
victim related conditions
PPCS adds risk management
plan to dossier.
PPCS forwards
dossier to Parole
Board
Victim under VCS
Parole Board review case for
release, including licence
conditions.
PB agree
offender’s release
and conditions
PB refuse
offender’s
release
Any bespoke conditions
considered by Post Recall
Review Team (PPCS)
Establishment prepare licence
as per Parole Board’s
recommendations
Offender not released
Licence issued
PI 20/2012
Offender released
UNCLASSIFIED
ISSUE DATE 06/12/2012
UNCLASSIFIED
PAGE 37
ANNEX F
Formerly Annex G of PC 29/2007
Request Variation of Life/IPP Licence
Introduction and Principles
This report should be used to submit requests to PPCS for varying or re-imposing additional
life/IPP licence conditions upon agreement at local level. Consideration may be given to the
variation of a life/IPP licence at any time.
Reasons for the request should be stipulated to PPCS as should any change to licence conditions
required, for example removal or variation of additional licence conditions. Full reasons for every
variation request must be provided since it is necessary for PPCS to consult the Parole Board in
such cases.
Document Guidance Notes
Probation Details: This should be the report author/supervising officer’s contact details.
Offender Details: As much detail as is known about the licensee should be entered here,
particularly their full name and any aliases, last known address, current OASys risk of serious harm
category, current OASys likelihood of reconviction, MAPPA level, ethnicity, sex offender status and
sentence. Any additional licence conditions should be listed as well as convictions since release.
Please give details of developments since the last report in relation to:
1)
All factors relating to risk of serious harm and likelihood of reconviction
Outline the factors relating to the risk of serious harm and the likelihood of reconviction
(from circumstances/behaviour surrounding the index offence) and
emergence/reoccurrence of factors relevant to the offence.
2)
Summary of progress on life/IPP licence
Summarise key events and progress of life/IPP licence since release, demonstrating that
above criteria (i.) – (iv.) have been met and that a minimum period of four years trouble free
existence (ten years for sex offenders) has successfully passed. Reference can be made to
previous progress reports submitted to PPCS.
3)
Summary of sentence planning objectives, interventions and Risk Management Plan
Provide an analysis of sentence planning objectives and interventions implemented to
reduce the licensee’s likelihood of reconviction. Outline the risk management plan including
the actions undertaken to monitor the behaviour and attitudes of the offender and to
intervene in the offender’s life in order to control and minimise the risk of serious harm. As
applicable, provide dates and detail of location/provider of risk reduction work, either in
custody or in the community as well as a view of its efficacy, for example completion of Sex
Offender Treatment Programmes (SOTPs), domestic abuse or instrumental violence
programmes, or general thinking skills work.
4)
Details of any previous Variation Orders
Information in relation to any previous Variation Orders and amendments to the life/IPP
licence since release, providing copies of said Variation Orders.
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5)
Victim(s) issues
Any victim(s) issues should be detailed, especially where the licence contains an additional
or non-standard condition specific to victims. In all cases, Victim Liaison Officers should be
contacted and the victim’s concerns accounted for.
6)
Current assessment of risk of serious harm and likelihood of reconviction
Provide an assessment of risk of serious harm, its nature, likelihood and impact, and the
likelihood of reconviction
7)
Nature and reason for variation of life/IPP condition
Outline the request for variation with reference to the particular licence condition. Provide
full reasons for its addition, deletion or amendments, with proposed wording or rewording
where necessary.
Recommendation/conclusion: Offender manager’s conclusion and recommended action.
Senior Manager Endorsement: The progress report must be signed and endorsed by a Senior
Manager and by an Assistant Chief or equivalent level before it is submitted to PPCS.
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ANNEX G
Request Variation of Life/IPP Licence
THIS FORM IS A RESTRICTED DOCUMENT ONCE COMPLETE
Probation Details
Name:
Address:
Probation Trust:
Telephone Number (Direct line/mobile number)
Fax Number:
Email Address:
Offender Details
Name:
Date of Birth:
Current Address:
Prison Number:
NOMS Number:
Current OASys Risk of Serious Harm Category:
Ethnic Category:
MAPPA Level:
Index Offence:
Sex Offender:
Date of Sentence:
Date of Last Release:
Releasing Prison/Institution:
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Condition of Psychiatric Treatment:
If Yes: Name of Supervising Psychiatrist (RMO):
Other Additional Conditions; Provide Details:
Details of Any Convictions Since Release:
Date of Last Report to PPCS:
The purpose of this report to the Lifer Team, Post Release Section is to request the addition,
deletion or amendment of conditions on a life/IPP licence. The report must provide a summary of
developments since release and ensure that the following are addressed, where applicable:
Factors relating to the risk of serious harm and the likelihood of reconviction:
Summary of progress on life/IPP licence:
Summary of sentence planning objectives, interventions and Risk Management Plan:
Details of any previous Variation Orders:
Victim(s) issues:
Current assessment of risk of serious harm and likelihood of reconviction:
Nature and reason for request for variation of particular of life/IPP licence condition(s):
Are you satisfied that the licensee would seek advice from the Probation Service for assistance on
a voluntary basis if necessary?
Recommendation
Offender Manager
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Signed:
Name:
Date:
Endorsement and Comments of Line Manager
Signed:
Name:
Date:
Address:
Telephone Number:
Endorsement and Comments of Assistant Chief (or equivalent)
Signed:
Name:
Date:
Address:
Telephone Number:
Send Report To:
PPCS Caseworker, Offender Management and Public Protection Group, NOMS
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ANNEX H
Request for Suspension of Supervisory Element Of Life/IPP Licence
Introduction and Principles
Consideration may be given to suspending the supervision element of the life or IPP licence after a
minimum of four years of trouble-free existence in the community. For sex offenders released on
life/IPP licence, suspension will not be considered before 10 years have elapsed. In IPP cases this
may coincide with an application for termination of the release licence.
Suspension of conditions are not normally considered by PPCS unless there is evidence of:
i.
A stable lifestyle, good integration, a balanced outlook and an open relationship with their
Offender Manager;
ii.
Gradual reduction in the requirement for contact with the Probation Trust;
iii.
Crises, if any, having been faced and dealt with sensibly, with proper involvement of the
supervising officer; and
iv.
Where appropriate, an indication that the licensee would turn to the Probation Trust for
assistance on a voluntary basis if necessary.
Requests to PPCS should not be submitted if the above criteria are not met.
For the very small number of Critical Public Protection Cases (CPPCs) which attract a high level of
media or public interest which threatens the life of the licensee or could undermine public
confidence in the criminal justice system or agencies managing the case, consideration of
suspension of supervision should be discussed with the CPPC team in OMPPG in the first
instance.
Where there are extra conditions on a licence and a recommendation for suspension has been
made, the case will be referred by PPCS to the Parole Board for consideration if PPCS is of the
view that suspension may be appropriate. However, where the licence does not contain any
additional or non-standard conditions, a referral to the Parole Board is not required and the Lifer
Team will make an executive decision. Where there are victim related licence conditions on the
licence, there is a presumption that these will not be suspended unless specified and evidenced on
application.
Guidance Notes
Probation Details: This should be the report author/supervising officer’s contact details.
Offender Details: As much detail as is known about the licensee should be entered here,
particularly their full name and any aliases, last known address, current OASys risk of serious harm
category, current OASys likelihood of reconviction category, MAPPA level, ethnicity, sex offender
status and sentence. Any additional non-standard conditions should be listed as well as
convictions since release.
Please give details of developments since the last report in relation to:
1)
All factors relating to risk of serious harm and likelihood of reconviction
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Outline the factors relating to the risk of serious harm and the likelihood of reconviction
(from circumstances/behaviour surrounding the index offence) and
emergence/reoccurrence of factors relevant to the offence.
2)
Summary of progress on life/IPP licence
Summarise key events and progress of life/IPP licence since release, demonstrating that
above criteria (i.) – (iv.) have been met and that a minimum period of four years trouble free
existence (ten years for sex offenders) has successfully passed. Reference can be made to
previous progress reports submitted to PPCS.
3)
Summary of sentence planning objectives, interventions and Risk Management Plan
Provide an analysis of sentence planning objectives and interventions implemented to
reduce the licensee’s likelihood of reconviction. Outline the risk management plan including
the actions undertaken to monitor the behaviour and attitudes of the offender and to
intervene in the offender’s life in order to control and minimise the risk of serious harm. As
applicable, provide dates and detail of location/provider of risk reduction work, either in
custody or in the community as well as a view of its efficacy, for example completion of Sex
Offender Treatment Programmes (SOTPs), domestic abuse or instrumental violence
programmes, or general thinking skills work.
4)
Details of any previous Variation Orders
Information in relation to any previous Variation Orders and amendments to the life/IPP
licence since release, providing copies of said Variation Orders.
5)
Victim(s) issues
Any victim(s) issues should be detailed, especially where the licence contains an additional
or non-standard condition specific to victims. In all cases, Victim Liaison Officers should be
contacted and the victim’s concerns accounted for.
6)
Current assessment of risk of serious harm and likelihood of reconviction
Provide an assessment of risk of serious harm, its nature, likelihood and impact, and the
likelihood of reconviction
7)
Nature and reason for request for suspension of supervisory element of life/IPP licence
Set out reasons why the supervisory element of the life/IPP licence should be suspended
and whether any conditions are still or no longer necessary. If you are of the view that the
standard conditions should be suspended but the extra conditions should remain, full
reasons for this should be provided, including a view on whether or not the licensee will
abide by these conditions in the absence of supervision. The nature of the request may
vary as follows:
i.
Request for suspension of supervision alone, with supporting reasons
ii.
Request for suspension of supervision and extra conditions, with supporting
reasons
iii.
Request for suspension of supervision but extra conditions remain, with reasons
and detail of how those extra conditions will be managed/monitored.
8)
Are you satisfied that the licensee would seek advice from the Probation Service for
assistance on a voluntary basis if necessary?
Provide confirmation that it has been explained to the licensee that he or she can seek
assistance from the Probation Trust on a voluntary basis even after the supervisory
element of the life/IPP licence has been cancelled. Also provide a view as to whether you
are satisfied that they will follow this advice.
Recommendation/conclusion: Offender manager’s conclusion and recommended action.
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Senior Manager Endorsement: The progress report must be signed and endorsed by a Senior
Manager and by an Assistant Chief or equivalent level before it is submitted to PPCS.
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ANNEX H
Request for Suspension of Supervisory Element Of Life/IPP Licence
THIS FORM IS A RESTRICTED DOCUMENT ONCE COMPLETE
Probation Details
Name:
Address:
Probation Trust:
Telephone Number (Direct line/mobile number)
Fax Number:
Email Address:
Offender Details
Name:
Date of Birth:
Current Address:
Prison Number:
NOMS Number:
Current OASys Risk of Serious Harm Category:
Ethnic Category:
MAPPA Level:
Index Offence:
Sex Offender:
Date of Sentence:
Date of Last Release:
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Releasing Prison/Institution:
Condition of Psychiatric Treatment:
If Yes: Name of Supervising Psychiatrist (RMO):
Other Additional Conditions; Provide Details:
Details of Any Convictions Since Release:
Date of Last Report to PPCS:
The purpose of this report to the Lifer Team, Post Release Section is to request the suspension of
the supervisory element of a life/IPP licence. The report must provide a summary of developments
since release and ensure that the following are addressed, where applicable:
Factors relating to the risk of serious harm and the likelihood of reconviction:
Summary of progress on life/IPP licence:
Summary of sentence planning objectives, interventions and Risk Management Plan:
Details of any previous Variation Orders:
Victim(s) issues:
Current assessment of risk of serious harm and likelihood of reconviction:
Nature and reason for request for cancellation of supervisory element of life/IPP licence:
Are you satisfied that the licensee would seek advice from the Probation Service for assistance on
a voluntary basis if necessary?
Recommendation
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Offender Manager
Signed:
Name:
Date:
Endorsement and Comments of Line Manager
Signed:
Name:
Date:
Address:
Telephone Number:
Endorsement and Comments of Assistant Chief (or equivalent)
Signed:
Name:
Date:
Address:
Telephone Number:
Send Report To:
PPCS Caseworker, Offender Management and Public Protection Group, NOMS
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EQUALITY IMPACT ASSESSMENT
PI 20 / 2012 - LICENCES CONDITIONS AND TEMPORARY TRAVEL ABROAD
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?
Licence conditions are those conditions which are placed on an offender sentenced to 12
months or more who is released on licence into the community following the custodial part of
their sentence. They are imposed under the powers of the Criminal Justice Acts 1991 and
2003, and this instruction gives a brief overview of the standard conditions which are placed on
all licences, but mostly goes into further details of those additional licence conditions which can
be requested by Offender Managers with local discretion.
This instruction is being updated to update the existing additional licence conditions as
described in PI 07/2011 and PSI 34/2011. We are using this opportunity to provide further
clarification and minor amendments to other additional licence conditions, and to add an
additional condition which requires offenders to hand in their passports in cases where there is
concern over an offender absconding abroad. Also included are new templates for licence to be
used from 3 December 2012 when the Legal Aid, Sentencing and Punishment of Offenders Act
is implemented.
We also felt it was beneficial to include policy in relation to offenders on licence who wish to
temporarily travel abroad within the same instruction. The intention of the change to the travel
policy is to update and merge the two separate sets of criteria for temporary travel abroad for
determinate sentence offenders and indeterminate sentence offenders.
Effects
What effects will the policy have on staff, offenders or other stakeholders?
All licence conditions must be necessary and proportionate in managing the offender in the
community and will be considering for inclusion on the licence on a case by case basis which
will take into account any equality issues to ensure that such offenders are not negatively
discriminated against.
It is anticipated that the changes to condition 2(b) will enable greater access for an offender for
specified purposes such as education or work. This upholds one of the purposes of the licence
period, which is to aid the reintegration of the offender in the community while the limited
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access and condition 2(c) aid the primary purpose of the period which is to uphold the
protection of the public.
The effect of introducing a new condition related to surrendering a passport will be that some
offenders find this restriction placed upon them, where this was not previously available.
The new instruction should also made it easier to apply the travel criteria as it is far clearer than
previous guidance on this subject, and ensures that the correct set of criteria are applied to
each offender by making it a single set of criteria that apply to all offenders on licence.
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?
Whilst one of the groups which the new passport related condition may be used on are Terrorist
Act offenders, we also expect them to be used on travelling sex offenders, those who pose a
flight risk, and a variety of other groups. In any case, all conditions may only be placed on the
licence if they meet the criteria of being necessary and proportionate – the condition will not be
automatically applied to any particular group of offenders and is deliberately drawn as widely as
possible to make it as useful as possible to Offender Managers looking for a solution to any
number of risk related problems. As a result it is expected that terrorist act related offenders
using this condition will be vastly outnumbered by other types of offenders, for example child
sex offenders.
The case by case assessments required to ensure the correct licence conditions are imposed
mean that each case should be considered on its merits and the risks involved with that
particular offender. Therefore, we do not anticipate that any particular group of offenders is any
more likely to have a specific condition placed on the licence than any other group. Any case
where one or more additional conditions is being considered is dealt with according to the
characteristics of the case.
There is no way to scope which types of offenders on licence typically have the technology
related conditions, but as they could be applied for a number of different reasons, there is no
expectation that any equality issues will arise.
Temporary travel abroad is the single biggest area of contact we have with Probation Trusts,
offenders and offender’s families. Because it is quite common for an offender to desire to travel
abroad on holiday once they have been released, it is a policy which frequently needs to be
communicated to them, and because of the difficulty in meeting the criteria, it is one where
offenders frequently write to their MP/Ministers requesting their help in the matter.
At first glance it would appear that there is the potential for an impact on a racial equality issue,
however this is not the case. This policy must only be used for temporary travel abroad, and not
for permanent moves such as resettlement abroad. Therefore, almost exclusively the policy will
be applied to British nationals, or those with dual nationalities (with British as one of those
nationalities) as there are other means available to enable foreign national prisoners to travel
abroad. There have only been two cases reported to us of offenders with a dual nationality who
wished to return to their home country but only on a temporary basis, and both cases they were
on licence following convictions for offences related to drug importation through airports, and
therefore failed to meet the criteria to travel based on that criterion as allowing temporary travel
would have initiated an offence paralleling situation.
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However, in order to ensure that any unusual foreign national cases can be considered, such
as where an offender may be fighting extradition but wishes to travel on a temporary basis only,
this is not spelled out in the instruction itself, and should any foreign nationals apply for
temporary travel then they would be considered under the same criteria as British nationals.
The criteria which must be used are designed to be open enough to take any situation into
account, including those related to equality issues.
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 ACOs (or Probation officers of equivalent grade) and Offender Managers of
Probation Trusts. Frequent contact is made with these types of groups, since as policy holder, it
is typical that I am contacted in complex and unusual cases.
The secondary group is the offenders, and fortunately we have had frequent contact with this
group due to contract regarding the current policies and through the various ministerial
correspondence. Because of this, we are familiar with the issues regarding the application of
licence conditions and temporary travel abroad and so have considered them in the light of this
revision.
A further group who have a vested interest in licence conditions are those victims under the
victim contact scheme and therefore have a statutory right to put forward an application for
conditions to be added to the offender’s licence. We recently conducted a training scheme
which involved meeting with around 90% of the victim liaison officers who work with the victims
directly, so that we could explain to them more clearly the policies regarding licence conditions,
particularly those regarding exclusion zones and non-contact conditions.
Due to feedback from these parties significant changes have been made to the policy, for
example, the business related travel abroad criteria was based on cases brought to our
attention, and the ACOs from London Probation have helped us conduct a significant re-write to
make it easier for Probation staff to understand.
Do you have any feedback from stakeholders, particularly from groups representative of the
various issues, that this policy is relevant to them?
N/A
Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on
the basis of any of the equalities issues?
The policy is not intended to have a differential impact on any group on the basis of the
equalities issues, and we do not anticipate it doing so.
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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?
All conditions are applied to licences only where they are necessary and proportionate. Any
conditions are requested by Offender Managers, which are then confirmed by either the
Governor of the releasing establishment or the Parole Board in order to confirm that those
conditions are required.
While each case for travel abroad is decided on a case by case basis by the practitioner, the
criteria used are not discretionary and must be considered in each case.
Summary of relevance to equalities issues
Strand
Race
Gender (including
gender identity)
Disability
Religion or belief
Sexual orientation
Age (younger
offenders)
Age (older offenders)
Yes/No
Rationale
No
No
Any conditions placed on a licence must be on a case by
case basis related to the offender’s risk in the community
and the ability to manage them and each request for travel
abroad should be reviewed on a case by case basis under
the set criteria, within which any individually relevant issues
to the case can be considered.
As above.
No
As above.
No
As above.
No
As above.
No
As above.
No
As above.
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 Parole Board and Governors are responsible for reviewing licences including additional
licence conditions. Therefore they are best placed to ensure that the conditions are related to
managing the offender in the community and for no other reason, including the relevant equality
issues.
State when a review will take place and how it will be conducted.
Reviews of conditions are ongoing in the field, while the general policy will be updated as
necessary when it is felt that additional changes are required. We are conducting a review of
the impact of the new additional licence condition 2(b) and it would be straightforward to review
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this use against the various equalities issues as listed above. We had previously sought to find
out if it was possible to use PNOMIS to produce reports comparing the use of licence conditions
but it has not been possible at this time.
Policy lead
Head of group
PI 20/2012
Name and signature
Date
Brian Chapman
2/11/12
Gordon Davison
2/11/12
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