Prison
Service
Order
Home Detention Curfew
ORDER
NUMBER
6700
Date of
Amendment
Click on Number for link to reference
PSI’s are to be read in conjunction with the PSO
19/08/13
25/01/03
06/12/12
04/11/11
20/10/08
14/07/08
27/11/06
17/01/05
16/07/03
05/08/02
01/05/02
01/03/01
PSI 25/2013 – PI 10/2013 – Accommodation and
Support Service for Bail and HDC (Replaces Annex I
and para 5.17.8 to PSO 6700)
PSI 43/2012 – Legal Aid, Sentencing and Punishment
of Offenders Act 2012 - HDC (consolidates CJA 91 &
03 schemes, guidance on multiple sentences, updates
presumed unsuitable offence lists)
PSI 40/2012 – Licences and Licence Conditions
PSI 52-2011 – paras 2.42-2.52 and annex D add
guidance on Foreign National Prisoners and HDC.
PSI 41/2008 - Introduction of Cross Border
Arrangements between England & Wales and Scotland
for HDC purposes
PSI 29/2008 –Recall and Re-release of Determinate
Sentence Prisoners
PSI 31/2006 – Impact of CJA 2003 & consolidation of
guidance
PSI 53/2004 - Changes to HDC Risk Assessment
Process
PSI 31/2003 – Changes to HDC (increase to 135 days;
introduction of presumed unsuitable offences)
PSI 39/2002 - Extension of Presumptive HDC
PSI 19/2002 - Changes to HDC Policy: Presumptive
HDC
PSI 09/2001 - Home Detention Curfew (to reflect
statutory exclusion of registered sex offenders from
HDC)
Link to Index of HDC forms (Printable versions)
Contents, Page 1
Order Ref. No. 6700
HOME DETENTION CURFEW
Chapter
Contents
0
Key Points
1
Introduction
2
Eligibility
3
Sentence Calculation
4
Preparation during sentence
5
Risk assessment
6
Setting of licence conditions
7
Notification to the prisoner
8
Procedures for release
9
Post release arrangements and recall of offenders
Annexes
Contents
A
Risk assessment flow chart
B
Home Detention Curfew forms
C
HDC standard licences
D
New and revised sections of the CJA 1991
E
Roles of the other agencies
F
Authorised absences
G
Electronic Monitoring Regions
H
Allocation of standard licence hours by establishment
I
BASS (accommodation and support services for Bail and HDC)
[Annex I replaced 08/07/2013 to conform with PSI 25/2013 – PI 10/2013]
For further advice and guidance please contact sppu.early.release@justice.gsi.gov.uk or phone Suleman
Qureshi or Junior Ogueri on 020 3334 5044/5043.
This amended version issued 19/08/2013
Order Ref. No. 6700
Contents, Page 2
KEY POINTS
CHAPTER ONE: INTRODUCTION



The Home Detention Curfew scheme came into force on 28 January 1999.
For most eligible prisoners HDC will be a normal part of their progression through their sentence. They
will normally be released on HDC unless there are clear grounds to indicate that they are unlikely
successfully to complete the period on curfew. However, prisoners must pass a risk assessment and
have suitable accommodation approved by the Probation Service before they can be granted Home
Detention Curfew.
For further advice and guidance on the scheme please telephone 0171 217 6370 or 6451.
CHAPTER TWO: ELIGIBILITY



All prisoners serving sentences of three months or over but less than four years will be eligible for Home
Detention Curfew unless they fall into one of the categories listed in paragraphs 2.3-4. Prisoners may
not be released on Home Detention Curfew before they have reached the age of 18.
Where the prisoner appears to be eligible for HDC, the reception prison must as a matter of priority
acquire records of previous convictions, and check the prisoner’s past custodial history in order to
determine eligibility. If the reception prison has direct access to Phoenix it must not transfer the prisoner
to another establishment until this information has been recorded.
The Governor responsible for authorising releases on HDC must assess whether there are exceptional
circumstances before deciding whether to initiate a risk assessment for offenders serving a sentence for
offences covered by Part 1 of the Sex Offenders Act 1997.
CHAPTER THREE: SENTENCE CALCULATION


Home Detention Curfew eligibility dates must be calculated and notified to eligible prisoners at the same
point as conditional or automatic release dates.
Prisoners must not be released on Home Detention Curfew in advance of their eligibility date. Prisoners
whose eligibility date falls on a weekend or bank-holiday must not be released until after that date.
CHAPTER FOUR: PREPARATION DURING SENTENCE



Establishments must collect core documents required for the risk assessment, using Section Four of
the ICA forms as a checklist.
Prisoners must be encouraged to focus on their suitability for Home Detention Curfew, and on ensuring
that they have a suitable release address.
Sentence planning must address suitability for HDC, but make clear that the final decision on suitability
will be taken by the establishment at the time of release.
CHAPTER FIVE: RISK ASSESSMENT




All eligible prisoners must be assessed for Home Detention Curfew, unless they are sex offenders,
Category A or the Governor responsible for authorising releases on HDC judges that the time remaining
until the half way point of sentence is insufficient to enable a risk assessment to be undertaken and a
curfew of at least 14 days to be imposed.
Prisoners must normally be released on Home Detention Curfew unless there are substantive reasons
for retaining the prisoner in custody until his or her conditional or automatic release date.
The risk assessment must take into account the prisoner’s previous convictions, the risk predictor
assessment based on those convictions, and the report of the home probation service. In addition, the
core documents listed in Section 4 of the ICA forms should also be taken into account where available,
and Governors may decide to postpone a decision where such documentation is not available if there is
evidence on file to suggest it might alter the decision.
Prisoners being assessed for Home Detention Curfew must not be refused unless they have been
considered by a Home Detention Curfew Board comprising at least a Governor grade and a member of
the seconded probation team or throughcare team.
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Contents, Page 3
Order Ref. No. 6700

The decision whether or not to release a prisoner on Home Detention Curfew must be taken on behalf
of the Secretary of State by the Governing Governor, the Controller in contractually managed prisons,
or a Governor of at least Governor 4 level (or, where there is only one Governor of more senior grade at
that establishment, of Governor 5 level) who has been approved for this role by the Area Manager.
CHAPTER SIX: LICENCE CONDITIONS




All prisoners released on Home Detention Curfew must be released on licence. For prisoners serving
sentences of under one year the licence will expire at the halfway point of sentence. For prisoners
serving sentences of one year or over the curfew condition will expire at the halfway point of sentence
and the licence itself will expire at the three quarter point of sentence less the period spent on curfew
The curfew hours should normally be for 12 hours. Curfews must never last for less than nine hours a
day except on the initial day of release.
Curfews on the initial day of release may be less than nine hours. Governors must take into account
travelling time and other obligations, but should normally commence the curfew at 3:00 in the
afternoon.
Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree that
they consent to the conditions imposed.
CHAPTER SEVEN: NOTIFICATION TO PRISONERS



Prisoners must be notified as soon as possible following the decision on their suitability for Home
Detention Curfew. Reasons must be provided where HDC is refused.
Reports must be prepared where possible so as to be suitable for disclosure. Where the Governing
Governor or Acting Governor decides that information cannot be disclosed because it falls into one of
the categories set out at paragraph 7.0, the prisoner must be informed that some information has not
been disclosed. Non-disclosable information must be held separately.
All appeals about Home Detention Curfew must be dealt with as a matter of priority. Where available the
appeal must be dealt with by a Governor of a higher grade.
CHAPTER EIGHT: PROCEDURES FOR RELEASE



Form HDC7 must be faxed 14 days in advance of release or as soon as possible thereafter to the
contact points for the contractor, the probation service, the local police force and to the NIS at New
Scotland Yard. If the prisoner is not released on HDC on the due date, the agencies notified of the
original proposed release date must be informed of the new expected release date and whether this is
on HDC.
On the day of release, the prisoner must sign the licence agreeing to the conditions of release. A copy
of the signed licence must be faxed to all the agencies who received the HDC7 on the day of release.
The licence must be faxed to the contractor as early as possible and at any event by 2pm on the day of
release.
One copy of the licence must be placed on the F2050 record, and copies must be faxed to the other
agencies involved on the day of release.

CHAPTER NINE: POST-RELEASE ARRANGEMENTS AND RECALL




Requests to amend the licence conditions for one-off requirements will normally be handled by the
contractor. Governors are required to authorise on behalf of the Secretary of State any permanent
changes to licence conditions
Licence conditions must not normally be changed where it is reasonable to expect the offender to
continue to abide by existing licence conditions. Documentary evidence may be required.
The curfew address must not be changed without an assessment of the suitability of the new address
by the home probation service.
The Parole Unit in Prison Service Headquarters is responsible for revoking the licence of offenders who
have breached their curfew conditions. Offenders recalled to prison will be returned to the nearest
suitable establishment, which must make arrangements for their reception. The establishment must
inform the Parole Unit that the offender has been returned to custody. Appeals against recall will be
This amended version issued 19/08/2013
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
Contents, Page 4
handled by the Parole Unit.
Prisoners recalled for breach of HDC must be released at the half way point of sentence. Time spent
on curfew will count as time served, but time spent unlawfully at large following recall will not. If serving
one year or over, the LED will be at the three quarter point of sentence less the time spent on curfew
before the recall notice was issued.
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Order Ref. No. 6700
Chapter 1, Page 1
CHAPTER 1 - INTRODUCTION
KEY POINTS



The Home Detention Curfew scheme came into force on 28 January 1999.
For most eligible prisoners HDC will be a normal part of their progression through their
sentence. They will normally be released on HDC unless there are clear grounds to indicate that
they are unlikely successfully to complete the period on curfew. However, prisoners must pass
a risk assessment and have suitable accommodation approved by the Probation Service before
they can be granted Home Detention Curfew.
For further advice and guidance on the scheme please telephone 0171 217 6370 or 6451.
1.1.
The Home Detention Curfew (HDC) scheme was introduced following the passage of the Crime and
Disorder Act 1998. It came into force on 28 January 1999.
1.2.
Under section 34A of the Criminal Justice Act 1991 (as amended by sections 99-100 of the Crime &
Disorder Act 1998), prisoners serving sentences of three months or over but less than four years, and
who are not subject to a statutory exclusion (see Chapter 2 on eligibility), may be released on licence
after serving a requisite period, determined by their sentence length (see Chapter 3 on sentence
calculation). The discretion to authorise the release of a prisoner under this section lies with the
Secretary of State, and will be exercised on his behalf by a Governor of the prison where the prisoner is
detained. In contractually-managed prisons, the Controller will exercise this discretion.
1.3.
The licence will contain a curfew condition, which will last until the halfway point of sentence (see
Chapter 6). Young offenders and adult prisoners serving sentences of twelve months or more will also
be subject to normal ACR licence conditions, which will last until the three quarter point of sentence less
the period spent on curfew. If the prisoner breaks the curfew condition they may be recalled immediately
to prison and will then be released at the halfway point of sentence.
1.4.
The purpose of HDC is to manage more effectively the transition of offenders from custody back into
the community. Prisoners will be granted HDC only if they have passed a risk assessment and are able
to provide a suitable home address which is approved by the Probation Service (see Chapter 5 on risk
assessment). However, for most eligible prisoners HDC must be viewed as a normal part of his or her
progression through the sentence. Prisoners will normally be released on HDC unless there are
grounds to indicate the prisoner is unlikely to complete successfully the period on HDC.
1.5.
Once released on HDC licence, the prisoner will be electronically tagged by a contractor who will
monitor the prisoner’s compliance with his or her licence conditions (see Chapter 9 on post release
arrangements & recall of prisoners). If the offender commits a significant breach of his or her licence
conditions, the contractor will inform the Parole Unit in Prison Service Headquarters, who will decide
whether to recall the offender to custody to serve the remainder of his or her sentence until the
conditional or automatic release date.
1.6.
An information protocol giving contact points for the other agencies involved in Home Detention Curfew
and outlining the arrangements for the exchange of information between those agencies has been
issued by the Home Office.
1.7.
For further advice and guidance please contact sppu.early.release@justice.gsi.gov.uk or phone
Suleman Qureshi or Junior Ogueri on 020 3334 5044/5043.
This amended version issued 19/08/2013
Order Ref. No. 6700
Chapter 2, Page 1
CHAPTER 2 - ELIGIBILITY FOR HOME DETENTION CURFEW
KEY POINTS



All prisoners serving sentences of three months or over but less than four years will be eligible
for Home Detention Curfew unless they fall into one of the categories listed in paragraphs 2.3-4.
Prisoners may not be released on Home Detention Curfew before they have reached the age of
18.
Where the prisoner appears to be eligible for HDC, the reception prison must as a matter of
priority acquire records of previous convictions, and check the prisoner’s past custodial history
in order to determine eligibility. If the reception prison has direct access to Phoenix it must not
transfer the prisoner to another establishment until this information has been recorded.
The Governor responsible for authorising releases on HDC must assess whether there are
exceptional circumstances before deciding whether to initiate a risk assessment for offenders
serving a sentence for offences covered by Part 1 of the Sex Offenders Act 1997.
2.1
General
2.1.1
Most prisoners serving sentences of three months or over but less than four years will be eligible for
consideration for Home Detention Curfew. The exceptions, who are excluded under the legislation, are
listed in paragraphs 2.3-4. below. In addition special provisions apply in respect of prisoners subject to
the provisions of the Sex Offenders Act 1997.
2.1.2
The reception prison must as a matter of priority acquire records of the prisoner’s previous convictions,
and where there is evidence of a possible previous period of Home Detention Curfew, must check to
confirm whether or not the prisoner was recalled from that curfew under section 38A(1)(a). If the
reception prison has direct access to Phoenix it must not transfer the prisoner to another establishment
until this information has been recorded.
2.2
Statutory exceptions
2.2.1
Under Section 34A of the 1991 Criminal Justice Act (as amended) the following are not eligible for
Home Detention Curfew:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
violent and sex offenders currently serving an extended sentence (i.e. one which will involve
extended supervision) under section 58 of the Crime & Disorder Act 1998;
prisoners currently serving a sentence for an offence under section 1 of the Prisoners (Return
to Custody) Act 1995 (for failure to return to custody following a period of temporary release);
prisoners currently subject to a hospital order, hospital direction or transfer direction under
section 37, 45A, or 47 of the Mental Health Act 1983;
prisoners currently serving a sentence imposed under paragraph 3(1)(d) or 4(1)(d) of Schedule
2 to the Criminal Justice Act 1991 in a case where the prisoner had failed to comply with a
requirement of a curfew order;
prisoners who have at any time been recalled to prison from a Home Detention Curfew under
section 38A(1)(a) of the 1991 Act, unless the prisoner successfully appealed against the recall.
(N.B. Recalls under section 38A(1) subsections (b) of (c) do not exclude the prisoner. For
further explanation of the recall powers see paragraph 9.10).
prisoners currently liable to removal from the United Kingdom under section 46 of the Criminal
Justice Act 1991 (for further details see PSO 6000);
prisoners who have, during the current sentence, been released on Home Detention Curfew or
given early compassionate release under section 36 of the Criminal Justice Act 1991 and have
been recalled to prison under section 39(1) or (2) of the Act;
prisoners who have at any time been returned to prison under section 40 of the Criminal
Justice Act 1991 (return to custody for committing an offence before the at risk period of a
sentence has expired);
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Order Ref. No. 6700
(ix)
(x)
Chapter 2, Page 2
prisoners who have not served the requisite period of their sentence until there are fewer than
14 days remaining until the half way point of sentence (N.B. prisoners on remand or in police
custody are not considered to have served the requisite period until the day on which they are
sentenced - if the half way point of sentence is then less than 14 days away, they are therefore
ineligible);
prisoners who have not yet reached the age of 18 (those reaching 18 during their sentence will
become eligible once they have reached this age and have served the requisite period);
2.2.2
Fine defaulters and contemnors, whether civil or criminal, are not eligible for Home Detention Curfew,
since they are not serving a sentence of imprisonment (see also paragraph 2.11).
2.3
Prisoners previously recalled to custody
2.3.1
In addition to the legislative exclusion noted at paragraph 2..2.1 (vii) above applying to those recalled
during a current sentence, offenders who have at any time previously been recalled to prison under
section 39 of the Criminal Justice Act 1991 (by the Parole Unit or Parole Board) whilst on HDC must not
be granted HDC save in exceptional circumstances. The recall code entered on the IIS system by the
Parole Unit will distinguish those recalled whilst subject to HDC conditions. Such prisoners have clearly
demonstrated by their behaviour whilst on licence that there is doubt about their ability to comply with
licence conditions. Assessments should not be initiated in the case of such prisoners unless the
Governor decides that exceptional circumstances exist.
2.4
Sex offenders
2.4.1
Individual authorisation by the Director General is required before any prisoner who will be required to
register with the police under Part I of the Sex Offenders Act 1997 is placed on HDC. Establishments
must not commence a risk assessment on such prisoners unless there are exceptional circumstances.
Offenders required to register under the 1997 Act have been recognised by Parliament as presenting a
particular type of risk. Other prisoners not required to register under the Act but whose past convictions
suggest potential for sexual offending must also be scrutinised with extreme care.
2.4.2
All cases involving offenders required to register under the 1997 Act must be checked by a Governor
authorised to determine suitability for release on HDC. He or she must consider all such cases on their
merits, taking into account the circumstances of the offence, the prisoner’s risk to the public and the
potential supervision arrangements, and should only authorise the initiation of the full assessment as
outlined in Chapter Five of this manual if exceptional circumstances potentially meriting the use of HDC
are evident. If it is decided to undertake the full assessment, Prisoner Administration Group in
Headquarters should be informed immediately. If it is decided following the full assessment that the
offender appears to meet the criteria in paragraph 2.7 below, then the case must be referred for
consideration to the Area Manager for possible submission to the Director General for approval.
2.4.3
No prisoner falling into this category should be released without the most careful scrutiny and clear
evidence of either minimal or no risk to the public at large and of a clear potential benefit to the chances
of successful resettlement, treatment or supervision. For instance, if release into a treatment centre is
judged central to the release plan of a prisoner who whilst under supervision is likely to present no
significant risk to the public at large and if the curfew was considered necessary to support the likely
completion of the treatment (by requiring the offender to remain in residency), this might qualify the case
exceptionally as suitable for consideration.
2.4.4
If the case does exceptionally appear to warrant assessment, the establishment should, in addition to
consulting the probation service, also write to the police force for the area to which the offender is being
considered for curfew using form HDC10. The request should be made at least 4 weeks before the
response is required. Enquiries should be sent to the Force Intelligence Bureau of the police force area
in which the prisoner has nominated their curfew address, except for cases in the Metropolitan Police
Area, when the enquiry should be routed through their Police Liaison Officer.
2.4.5
The police should be approached for factual information relating to the prisoner’s criminal antecedents
(where this is not held by the prison) or criminal intelligence which is directly relevant to the curfew
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Order Ref. No. 6700
Chapter 2, Page 3
decision, and for any views on the suitability of the particular address, particularly in relation to victim
issues. It is not the function or responsibility of the police to say whether a prisoner is suitable for Home
Detention Curfew. They will share relevant available information but are not necessarily in a position to
make detailed enquiries on suitability. If the police do not provide any comments this should not be
taken as either tacit approval or objection to the prisoner’s suitability.
2.5
Category A prisoners
2.5.1.
Very occasionally a Category A prisoner will be serving a sentence of under four years, in which case he
or she is not subject to a statutory exclusion from the scheme unless falling into one of the categories
set out in paragraphs 2.3-4 above. However such prisoners have already been assessed as presenting
a serious risk to the public. Establishments must therefore not follow the normal procedure of
automatically embarking upon an HDC risk assessment for such prisoners, and instead preparations
must be made for their release on the assumption that this will take place at the conditional or automatic
release date. If a Category A prisoner appeals and requests consideration for HDC, the Governor must
consider whether there are exceptional circumstances to merit initiating the risk assessment.
2.6
Concurrently and consecutively sentenced prisoners and remand prisoners
2.6.1
In order to be placed on Home Detention Curfew as part of their sentence, prisoners must not be
subject to any other custodial requirement. Therefore prisoners who are subject to consecutive default
terms (e.g. for contempt of court, for fine defaulting or because of an outstanding confiscation order) or
who are remanded on other charges should not normally be assessed for HDC. Exceptionally, an
assessment may however be initiated if there is clear evidence that a prisoner is likely to become
eligible and still be in a position to serve a curfew of at least 14 days (for instance because the prisoner
is clearly in the process of paying the fine and so the default term is unlikely to come into effect). In
such cases Governors have discretion to initiate the assessment.
2.7
Prisoners on a restricted transfer to other UK jurisdictions
2.7.1
If a prisoner has been given a restricted transfer to another UK jurisdiction he or she is still eligible to be
considered for HDC within England and Wales. However the prisoner will normally have been
transferred to assist in their resettlement or for the maintenance of their family ties. Therefore, unless
there are good reasons why the prisoner wishes to return to England and Wales (e.g. because the
prisoner is based in England but was transferred in order to be closer to a seriously ill relative who has
subsequently died), he or she should not normally be considered for HDC. If the prisoner makes an
application to be considered, can nominate a suitable address in England or Wales and gives evidence
that he or she intends to settle there, then the Governor of the establishment from which he was
transferred to the other jurisdiction must consider whether an assessment should be undertaken. If an
assessment is undertaken, it will be the responsibility of that establishment to assess the offender,
taking into account reports prepared by the prison service of the other jurisdiction.
2.8
Prisoners subject to a courts martial
2.8.1
Prisoners serving sentences of imprisonment imposed by courts martial and subject to the same
sentencing framework under Part II of the Criminal Justice Act 1991 as offenders who have been
sentenced by non-military courts should be assessed for HDC on the same basis as other offenders. If,
exceptionally, a courts-martial prisoner has not also been discharged from the Services, such a prisoner
cannot nominate Service quarters as a suitable address since the contractors will not have 24 hour
access to the premises.
2.9
Prisoners who have been unlawfully at large
2.9.1
Prisoners who have been unlawfully at large are eligible for HDC, although the fact that they have been
unlawfully at large will be highly relevant in assessing their suitability for HDC. This is the case even
were a prisoner has only become eligible for HDC by virtue of the time spent unlawfully at large. In such
cases, however, HDC will clearly be unsuitable.
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Order Ref. No. 6700
Chapter 3, Page 1
CHAPTER 3 - SENTENCE CALCULATION
KEY POINTS


Home Detention Curfew eligibility dates must be calculated and notified to eligible prisoners at
the same point as conditional or automatic release dates.
Prisoners must not be released on Home Detention Curfew in advance of their eligibility date.
Prisoners whose eligibility date falls on a weekend or bank-holiday must not be released until
after that date.
3.1
General
3.1.1
The Discipline Office must calculate a prisoner’s Home Detention Curfew eligibility date when
calculating their conditional or automatic release date, and inform the prisoner of both dates
simultaneously.
3.1.2
Changes will be made to both the Local and Central IIS systems as a result of the introduction of HDC
and separate guidance will be issued on these changes in due course.
3.1.3
Prisoners required to register under Part I of the Sex Offenders Act 1997 must have their eligibility date
calculated in the same way as other prisoners, even though they will not be granted HDC save in
exceptional circumstances.
3.2
Calculating the Curfew eligibility date
3.2.1
The eligibility date is determined by the length of the sentence, as set out below.
Sentence Length
Requisite period to be Length of HDC curfew
served before the HDC period
eligibility date
3 months or more but less 30 days
Between 15 and 30 days
than 4 months.
(unchanged from current
system) depending on
length of sentence.
4 months or more, but less One quarter of the sentence
Between 30 and 90 days
than 12 months.
depending on length of
sentence.
12 months or more.
90 days less than half the 90 days
sentence
3.2.2
Prisoners cannot be discharged on HDC until the requisite period has been served. For example, a
prisoner serving a three month sentence must serve 30 days before being discharged on HDC on the
following day (day 31). Therefore a prisoner whose sentence commenced on 1 March (day 1) would
have served the 30 day period on 30 March and be eligible to be discharged on HDC on 31 March.
3.2.3
Police custody and remand time which is taken into account in calculating a prisoner’s other release
dates (e.g. ARD or CRD) must also be taken into account in calculating the HDC eligibility date.
3.2.4
Prisoners must not be released on Home Detention Curfew before they have served the requisite
period. Where a prisoner’s HDC eligibility date falls on a Saturday or Sunday, therefore, the prisoner
must not be released on HDC until the Monday after the weekend. The prisoner must not be released
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Chapter 3, Page 2
on the preceding Friday. Similarly prisoners due to be released on a bank holiday must not be released
until the day following.
N.B. As noted in chapter 2, a prisoner who, because of time spent on remand, is within 14 days of the
half-way point of sentence on the day they are sentenced will not be eligible for Home Detention Curfew.
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Order Ref. No. 6700
3.3
Chapter 3, Page 3
Action during sentence
3.3.1
The prisoner must be informed in writing if it is subsequently discovered that he or she is covered by
one of the statutory exclusions to the scheme.
3.3.2
Once calculated the eligibility date will trigger a reminder at the point at which the risk assessment
process must commence. This must be at least ten weeks before the HDC eligibility date, or the
maximum period possible where the eligibility date is less than ten weeks from the time of calculation.
3.3.4
If there are any changes in circumstances which affect a prisoner’s release dates (e.g. time spent in
police custody is notified, time spent unlawfully at large, additional days are awarded), the prisoner’s
eligibility date for HDC must be recalculated as well as all other release dates.
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Order Ref. No. 6700
Chapter 4, Page 1
CHAPTER 4 - PREPARATION DURING SENTENCE
KEY POINTS



Establishments must collect core documents required for the risk assessment, using Section
Four of the ICA forms as a checklist.
Prisoners must be encouraged to focus on their suitability for Home Detention Curfew, and on
ensuring that they have a suitable release address.
Sentence planning must address suitability for HDC, but make clear that the final decision on
suitability will be taken by the establishment at the time of release.
4.1
Details of the Home Detention Curfew scheme will be included in future editions of the Prisoners’
Information Book. Every eligible prisoner in custody must be provided with a copy of form HDC9
following the calculation of the prisoner’s release dates following reception. This will provide basic
details of the scheme and confirm their provisional HDC eligibility date
4.2
Section 4 of the Initial Categorisation/classification form, used for all prisoners, whether sentence
planned or not, (ICA1 for adult males, ICA2 for YOs, ICA3 for women and female YOs) provides a
checklist to ensure all core documents necessary for the risk assessment are collected.
4.3
For prisoners subject to sentence planning, the sentence planning process and documents, initial
assessments and reviews, will inform the risk assessment . This will be based on the guidance on risk
assessment contained in sections 11 -14 of the Sentence Management and Planning Manual, Prison
Service Order 2200.
4.4
A prisoner’s potential suitability for release must be commented upon in sentence planning reviews.
Sentence planning forms are being amended to integrate HDC into the planning process.
4.5
It must, however, be made clear to the prisoner that such assessments do not over-ride the assessment
at the point at release. The final assessment must be made in the light of up-to-date evidence of the
prisoner’s suitability for HDC. It is important to note that:
(i)
(ii)
Sentence planning information will need to be updated if some time has elapsed between the
last review and the consideration for Home Detention Curfew.
The risk assessment has to be undertaken in relation to the specifics of the HDC proposal, i.e.
place, curfew times, etc.
4.6
All prisoners meeting the eligibility criteria who appear to have a reasonable prospect of passing the risk
assessment must be encouraged to focus on working towards their release on HDC. In particular,
prisoners must be informed that they will need suitable accommodation which will have to be approved
by the Probation Service to which to be curfewed and encouraged to locate such accommodation, if
they do not have such an address.
4.7
Prisoners may request help in locating accommodation. The home probation service will normally be
best placed to provide assistance, although resources may not always be available to provide such
assistance, particularly in the case of prisoners serving less than one year who are not subject to
probation supervision. Establishments should consider in such cases whether they are able to provide
assistance in other ways (for instance maintaining a list of local housing associations).
This amended version issued 19/08/2013
Order Ref. No. 6700
Chapter 5, Page 1
CHAPTER 5 - RISK ASSESSMENT
KEY POINTS





All eligible prisoners must be assessed for Home Detention Curfew, unless they are sex
offenders, Category A or the Governor responsible for authorising releases on HDC judges that
the time remaining until the half way point of sentence is insufficient to enable a risk
assessment to be undertaken and a curfew of at least 14 days to be imposed.
Prisoners must normally be released on Home Detention Curfew unless one or more of the
reasons at paragraph 5.38 applies.
The risk assessment must take into account the prisoner’s previous convictions, the risk
predictor assessment based on those convictions, and the report of the home probation
service. In addition, the core documents listed in Section 4 of the ICA forms should also be
taken into account where available, and Governors may decide to postpone a decision where
such documentation is not available if there is evidence on file to suggest it might alter the
decision.
Prisoners being assessed for Home Detention Curfew must not be refused unless they have
been considered by a Home Detention Curfew Board comprising at least a Governor grade and
a member of the seconded probation team or throughcare team.
The decision whether or not to release a prisoner on Home Detention Curfew must be taken on
behalf of the Secretary of State by the Governing Governor, the Controller in contractually
managed prisons, or a Governor of at least Governor 4 level (or, where there is only one
Governor of more senior grade at that establishment, of Governor 5 level) who has been
approved for this role by the Area Manager.
5.1
Initiating the risk assessment
5.1.1
The risk assessment for Home Detention Curfew must where possible be commenced ten weeks
before a prisoner’s eligibility date. In cases where the prisoner is not sentenced until there are less than
ten weeks to go until their conditional or automatic release date, the assessment must be commenced
immediately. The local IIS (LIDS) system will provide a schedule of those prisoners whose risk
assessment is due to commence.
5.1.2
Risk assessments must not be initiated if the prisoner is ineligible. If the prisoner will be required to
register under the Sex Offenders Act 1997 the Governor must be consider whether exceptional
circumstances apply to merit commencement of the risk assessment. If the prisoner is Category A the
risk assessment must not initiated unless the Governing Governor decides, following an application by
the prisoner, that there are exceptional circumstances to merit a risk assessment. (See the guidance in
Chapter 2). See also paragraph for the position on
5.2
Assessments curtailed due to lack of time
5.2.1
Establishments should not normally initiate an assessment where it appears likely that the assessment
could not be completed satisfactorily in time for the prisoner to be subject to a curfew lasting at least
fourteen days. The Governor responsible for authorising releases on Home Detention Curfew must
take this decision. It may be necessary to seek the views of the home probation service when reaching
this assessment. If there remain at least 28 days before the half way point of sentence the risk
assessment should not normally be set aside on these grounds. Where the assessment is not initiated,
the prisoner should be informed using form HDC(6) that they are not being assessed for HDC.
5.3
Risk assessment procedures
5.3.1
All prisoners considered for HDC must be assessed specifically in relation to the potential risk posed by
their release on Home Detention Curfew. Guidance on the criteria to be used in the assessment is
given at paragraph 5.0 onwards of this chapter.
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Order Ref. No. 6700
Chapter 5, Page 2
5.3.2
There are two assessment procedures. The standard suitability assessment must be used in the
case of all prisoners being assessed and involves consideration of the prisoner’s paperwork and input
from prison and home probation service staff. Prisoners identified as requiring more detailed
consideration must then be considered by a board under the enhanced assessment.
5.3.3
The enhanced assessment must be applied to prisoners who:
(i)
(ii)
(iii)
are serving over one year and do not have a successful record of temporary release during
their current sentence; or
are scored as high risk on the risk predictor scores for violent or sex offences or for risk of
reimprisonment; or
are judged in the suitability assessment to require further consideration.
5.3.4
Prisoners must not be refused HDC until they have been considered under the enhanced assessment,
except where the sole grounds for refusal are the lack of a suitable curfew address, the shortness of the
potential curfew, or the prisoner has indicated that he or she does not wish to be considered for HDC.
5.3.5
A flowchart showing the procedure for assessing prisoners for HDC is included at Annex A.
5.3.6
The forms used in the assessment process for HDC are:
HDC 1:
Suitability assessment form
HDC 2:
Prisoner’s release address form
HDC 3:
Request to Probation Service
HDC 4:
Enhanced assessment form
5.3.7
Copies of these forms are at Annex B.
5.8
Timetable
5.8.1
A sample timetable for completing the assessment process for HDC is shown below. This timetable
may need to be telescoped if eligibility is imminent at the point of sentence. N.B. See also paragraph
5.3 for guidance on assessments which should be curtailed due to lack of time.
Timing
Post sentence
Ten weeks
HDCED
before
Nine weeks before
HDCED
Eight weeks prior to
HDCED
Five weeks prior to
HDCED
Three weeks prior to
HDCED
Two weeks prior to
HDCED
5.8.2
Action
Prisoner encouraged to address offending behaviour, and to locate suitable
accommodation
(i)
Prisoner completes form HDC2, giving details of his or her proposed
home address
(ii) Member of prison staff’s comments to be entered in part 2 of HDC1
Initial read-through of papers
HDC3 or PD1 sent to Probation Service for return within 10 working days
HDC1 completed
HDC 4 completed if required
Prisoner (and where required other agencies) to be informed of decision on
HDC
For prisoners with an early HDC eligibility date, it will be necessary to collect information for the
assessment of suitability very soon after sentence. Arrangements must be made therefore to request
such information immediately upon reception of the prisoner. If there is reason from the papers already
available to consider that missing information may affect the decision in respect of a prisoner,
Governors may decide to postpone their decision until that information becomes available. Prisoners
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Chapter 5, Page 3
must not be released on HDC unless their previous convictions have been considered and the
HDC3/PD1 has been returned by the probation service.
5.9
The suitability assessment
5.9.1
The standard suitability assessment is designed to identify those prisoners who are least likely to
present an immediate risk to the public.
5.9.2
It is expected that the suitability assessment will normally be undertaken by a member of the seconded
probation team. Where they consider this necessary, however, Governors may authorise other
members of staff with experience of risk assessments to undertake this work. The suitability
assessment is completed using form HDC1.
5.9.3
Following the completion of the suitability assessment, the prisoner must either:
(i)
(ii)
be recommended to the Governor as suitable for release; or
be referred for further consideration under the enhanced assessment.
5.9.4
The suitability assessment consists of the following elements:
(i)
Supply of information by prisoner/Refusal to be considered
a)
b)
(ii)
Information from a member of prison staff in daily contact with the prisoner
a)
(iii)
(iv)
Prisoners must be asked to complete form HDC2, giving details on the proposed
release address, and on any other residents living at that address. This information
must be forwarded when enquiries are made to the Probation Service.
If the prisoner does not wish to be considered for HDC, he or she must sign the HDC2
to confirm this fact. The risk assessment must then be terminated and a copy of the
form must be retained on the F2050. If the prisoner wishes any stage during the risk
assessment process not to be considered for Home Detention Curfew, written
confirmation of this fact must be obtained and placed on the F2050 before the
assessment is terminated. If a prisoner subsequently re-applies for consideration, the
Governor must consider whether re-embarking on the assessment is justified, taking
into account the likelihood of any subsequent change of mind on the part of the
prisoner, and the likelihood of an assessment being completed in time.
An appropriate member of prison staff who has regular day-to-day contact with the
prisoner must be asked to provide information on any factors bearing on the prisoner’s
suitability, by completing part 2 of form HDC1. The objective is to supply up-to-date
information on any factors bearing on the prisoner’s suitability for HDC. The member of
prison staff completing the form may in many cases be the prisoner’s personal officer
or an officer from the prisoner’s wing, but in some establishments it may be more
appropriate another member of staff who has greater contact with the prisoner at other
times of the day to comment.
Scrutiny of papers
a)
The seconded probation officer or other authorised officer must conduct an initial
scrutiny of the papers available to determine whether there are any immediate issues
which the prison staff or home probation service should be invited to comment upon.
b)
Where there is doubt whether the prisoner’s state of mental health needs assessment,
healthcare staff may also be consulted at this stage. Such enquiries should not
routinely be required. The fitting of the tags should not present any physical health
issues (and medical assessments are not required when tags are used in community
sentences imposed by the courts). The tags will normally be attached to the ankle and
will not restrict circulation.
Fast track process
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Order Ref. No. 6700
a)
(v)
If it is apparent on the initial scrutiny that the prisoner is not suitable for HDC, the
prisoner’s assessment may be completed without the involvement of the home
probation service. This will be appropriate in cases where the prisoner is clearly
unsuited for HDC and further input from the home probation service would add nothing
to the assessment. If it is decided that no input is needed from the home probation
service, the prisoner must still be considered under the enhanced assessment, and the
decision not to ask for such input must be reviewed at each stage of the assessment
process.
Comments by the Probation Service
a)
(vi)
Chapter 5, Page 4
Unless it has been decided that no probation input is required, form HDC3 (or PD1 in
the case of offenders serving one year or over) must be sent to the Probation Service
for the area to which the prisoner is seeking to be curfewed to ask if they have any
comments both on the prisoner’s suitability for release, and on the prisoner’s proposed
release address. The Probation Service will, where this is relevant, be responsible for
seeking any views of other residents at that address on the proposed curfew of the
prisoner to that address. N.B. The views of other residents at the proposed
address and of victims may need to be handled confidentially. Please refer to
the guidance in chapter 6 on disclosure.
Assessment by seconded probation team/authorised officer
a)
The responsible member of the seconded probation team or other authorised officer
must complete the form HDC1 by summarising the prisoner’s suitability for HDC. The
summary must cover:



b)
The case must be referred for an enhanced assessment if and only if:



vii)
a review of the prisoner’s available core documentation (set out in part 4 of
their ICA form), the member of prison staff’s report, and the Probation Service
comments;
the prisoner’s risk prediction scores (which must be completed for all prisoners
being considered for Home Detention Curfew, whether sentence planned or
not);
a recommendation on the prisoner’s suitability for release or, if necessary,
referral for the enhanced assessment.
the core documents, taken in conjunction with the member of prison staff’s
report and the Probation Service’s comments, suggest there is a prima facie
case for not releasing the prisoner on HDC (see the guidance at paragraph
5.0); or
the risk prediction score indicates that the prisoner is in the statistically high
risk category for reconviction for sex offences, violent offences, or for
reimprisonment; or
the offender is serving over one year and does not have a successful record of
release on temporary licence (or earned community visits where the prisoner
has been subject to the same risk assessment procedures as for ROTL). This
means not only prisoners who have been granted ROTL and breached it, and
prisoners who have failed the risk assessment for ROTL but any prisoner
serving 12 months or over who has not been granted and successfully
completed ROTL.
Assessment by Governor
a)
Updated 08/07/2013
Unless there are clear grounds to require the enhanced assessment, then the HDC1
must be forwarded to the relevant Governor to confirm the assessment and authorise
the release of the prisoner.
This amended version issued 19/08/2013
Order Ref. No. 6700
5.10
Chapter 5, Page 5
Enhanced Assessment
5.10.1 The enhanced assessment must be completed by a board using form HDC4. The board must have in
front of it previous papers, including form HDC1, which will comprise the necessary background
information. Referral for an enhanced assessment must not be taken as evidence that the prisoner is
necessarily unsuitable for Home Detention Curfew. For instance the prisoner’s risk predictor score may
require that he or she is carefully considered under the enhanced assessment, but progress made
whilst in prison may mean that the individual offender in question does not present a significant risk.
5.10.2 The enhanced assessment must be completed by a board comprising at least:
(i)
(ii)
a Governor grade;
a seconded probation officer or a member of the throughcare team.
5.10.3 A member of prison staff with regular contact with the prisoner, e.g. the personal officer, should normally
also attend the board if available.
5.10.4 The board must consider the HDC 1 form and core documents, and note in particular
(i)
(ii)
(iii)
(iv)
(v)
(vi)
previous criminal history, and any evidence as to the causes of offending behaviour;
participation in and response to offending behaviour work in prison;
response to any periods of release on temporary licence;
relevant behaviour in prison, for example disciplinary offences;
any known external factors which may affect likelihood of re-offending;
home circumstances and stability of close relationships.
5.10.5 The chair of the board must complete form HDC4 recording the board's decision and the basis for their
conclusions. If an authorised Governor has sat on the HDC board, he or she may then confirm the
decision. If the Governor chairing the board is not authorised to confirm the decision, he or she must
refer the decision to an authorised Governor for confirmation of that decision.
5.11
Governor’s Authorisation
5.11.1 The decision whether to release a prisoner on Home Detention Curfew or not must be taken by an
authorised governor on behalf of the Secretary of State. The Governing Governor (or in contractually
managed prisons, the Controller) is authorised to take this decision on behalf of the Secretary of State.
The governing Governor may however delegate the task to a Governor of G4 level or above within his or
her establishment to authorise this on behalf of the Secretary of State if the area manager approves this
appointment. The Area Manager may appoint a G5 Governor to authorise release decisions in
establishments where there is only one Governor grade of more senior level.
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Order Ref. No. 6700
5.12
Chapter 5, Page 6
Assessments commencing prior to transfer to another establishment
5.12.1 Prisoners should not normally be transferred whilst the assessment is underway. If a prisoner is
transferred between establishments during the assessment process, the relevant papers must be
transferred immediately, and the new establishment must continue the assessment immediately.
Assessments and reports already completed should normally not be re-commissioned (for instance no
further report by the new wing officer should normally be required if the assessment already contains a
report by the previous wing officer, and the enhanced assessment should be commenced on the basis
of existing papers if this has already been recommended).
Where the assessment has been
completed, and the prisoner has been assessed as either suitable or unsuitable for Home Detention
Curfew, the new establishment should not normally overturn this decision unless new information or the
prisoner’s recent behaviour have demonstrated that he or she is not suitable (see paragraph 7.0). It will
remain the responsibility of the Governor of the establishment from which the prisoner is released to
authorise the release on behalf of the Secretary of State.
5.13
General Guidance On Risk Assessment For Home Detention Curfew
5.13.1 It is not possible to guarantee an offender's law-abiding behaviour upon release. The element of risk
cannot be eradicated. The assessment of risk for HDC must therefore balance any risk to the public
presented by the bringing forward of the release date against the potential benefits of incorporating a
period of Home Detention Curfew within the prisoner's sentence.
5.13.2 Assessment of risk must be on the basis of objective evidence of the prisoner’s past record and current
behaviour, and must be conducted in a way that is consistent with Prison Service values, rigorously and
fairly and free from discrimination. It must be remembered that conduct in the establishment may bear
no relation to the risk that the prisoner might present to the family or general public.
5.13.3 Unless they have requested not to be considered, prisoners must normally be released on HDC unless
there are substantive reasons for retaining the prisoner in custody until his or her conditional or
conditional or automatic release date. These reasons must fall under one of the five headings below:
(i)
(ii)
(iv)
(v)
(vi)
an unacceptable risk to the victim or to members of the public;
a pattern of offending which indicates a likelihood of re-offending during the Home Detention
Curfew period;
a likelihood of failure to comply with the conditions of the curfew;
lack of suitable accommodation for HDC; or
shortness of the potential curfew.
5.13.4 Where Governors consider that there is a potential substantive risk to public safety or of reoffending,
they should consider whether this risk might be minimised by setting the curfew hours to cover periods
of particular risk. One of the benefits of such a curfew is in prohibiting the offender from being out when
he or she is most likely to encounter the circumstances related to other offending, and in allowing for
recall action to be taken if he or she does not abide by that prohibition. However, it must be
remembered that the curfew provides no physical constraint to prevent the offender from being out of
their place of curfew during those hours.
5.14
Risk to the public
5.14.1 Prisoners who present a clear and immediate threat to the public must not be released on HDC.
Prisoners must be refused HDC on these grounds where they have displayed in their current, or
previous, behaviour a clear tendency to violent or sexual offending and there is evidence to suggest that
they continue to present an immediate substantive risk to members of the public.
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Order Ref. No. 6700
5.15
Chapter 5, Page 7
Likelihood of reoffending
5.15.1 HDC is intended to address the temptations of recidivism by providing a managed transition back into
the community. Public safety remains paramount. Consideration must be given to whether the risk of
reoffending may be addressed by curfew and tagging arrangements.
5.15.2 Nevertheless, if the offender’s past history and current circumstances are such that, even given the
constraints of the curfew, there is a clear probability that he or she will return to offending within the
period they are on Home Detention Curfew, then release must be refused.
5.16
Likelihood of breaching curfew
5.16.1 There is no advantage in releasing on HDC an offender who is highly unlikely to be able to complete his
or her curfew. However, curfew completion rates in this country are currently high, and the deterrent
effect of an automatic return to prison should have an impact on failure rates. Establishments must
therefore work on the basis that the majority of prisoners will be capable of abiding by their curfew
condition for the period they are on curfew.
5.16.2 In particular, prisoners who are not judged suitable for open conditions should not for that reason be
considered unsuitable for Home Detention Curfew. If the prisoner’s security categorisation reflects their
likelihood of escaping/absconding, it should be taken into account that Home Detention Curfew offers
the prisoner the opportunity of release from prison, but only as long as they abide by the curfew
condition. For many such prisoners, the deterrent effect of an immediate return to prison may therefore
make them more likely to complete the curfew period.
5.17
Suitability of the release address
5.17.1 Prisoners must not be curfewed to addresses outside England and Wales. The address to which the
prisoner is curfewed must have an electricity supply. As long as this condition is met the address
should be technically suitable for the installation of the curfew equipment. A property without a fixed or
metered electricity supply would therefore not be a suitable addess. If a telephone line is not available
this will be installed.
5.17.2 The home probation service is responsible for commenting on the suitability of the home address. This
will be done either on the HDC 3, or on the PD1 where there is post-release Probation Service
supervision. They must comment where the address is unsuitable due to an unacceptable risk to the
public (including those living at the address), an unacceptable risk of reoffending, or it suggests a
probability of failure to comply with the conditions of curfew.
5.17.3 The Probation Service may also be aware of particular victim issues, which the Governor must take into
account when considering the suitability of the proposed release address.
5.17.4 If at any stage of the assessment, the prisoner’s release address is considered unsuitable,
consideration must be given to inviting the prisoner to nominate another address. This must only be
done where it appears likely that the prisoner would be able to provide an alternative viable address and
where the prisoner otherwise appears to have a reasonable prospect of passing the risk assessment.
5.17.5 There may be cases where the probation service is able to arrange housing for a prisoner upon curfew
(for instance with a housing association or local authority), but cannot confirm an exact address
sufficiently far in advance of the curfew. In such cases, where the local probation service has agreed to
this procedure, the Governor has discretion to continue with the risk assessment. Form HDC3 or PD1
should be sent to the home probation service with a request for their assessment of the accommodation
proposal, details of which must be attached. Prisoners must only be assessed for HDC on this basis if
both the prison and the local probation service are satisfied that the proposal for accommodation is
sufficiently specific (e.g. single-residency accommodation on a specified housing estate) to allow for a
proper assessment of the risk factors involved.
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Order Ref. No. 6700
Chapter 5, Page 8
5.17.6 If the establishment is advised by the probation service that suitable accommodation will be available,
and that any risk factors relevant to the particular address will be considered prior to the curfew of the
offender to that address, the risk assessment should be completed taking into account the assessment
provided by the probation service. If the offender is assessed as suitable for HDC on this basis, he or
she must be informed that the assessment is dependant upon the provision of suitable accommodation.
5.17.7 The probation service is required to confirm the actual address at least two working days prior to the
start of the curfew. If the address has not been confirmed two days before the curfew date the offender
must be told that his HDC is postponed until an address is confirmed. Any subsequent curfew must be
consistent with the guidance on short curfews at paragraph 5.49. Where the assessment has been
provisionally completed without confirmation of the address, notification to the offender and to other
agencies must indicate the area to which the offender is expected to be curfewed and explain that
details of the address will be forwarded using form HDC11 when confirmed.
5.17.8
Where a prisoner does not have a suitable curfew address, or can no longer stay at an address to which
he or she has been released on HDC, it may be possible for him/her to be provided with
accommodation and support in the Bail Accommodation and Support Service provided to NOMS on
contract by Stonham from 18 June 2010.
[Para 5.17.8 replaced 08/07/2013 to conform with PSI 25/2013 – PI 10/2013]
5.18
Short Curfews
5.18.1 The minimum curfew period will normally be 14 days. The purpose of the curfew is to impose a
structure and discipline upon the offender on release. In cases where the curfew period would be less
than 14 days due to delays in the completion of the assessment or because the release date falls on a
weekend or bank-holiday, Governors may authorise a release on curfew, provided a minimum period of
10 days remains. Prisoners must not be placed on curfews due to last less than 10 days save in
exceptional circumstances. A specific exception is also made where the curfew would only last a short
period because the prisoner was initially assessed as unsuitable, but successfully appealed against this
decision. In such a case the prisoner may be released as long as the curfew is due to last no less than
seven days (see paragraph 7.12).
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Order Ref. No. 6700
Chapter 6, Page 1
CHAPTER 6 - SETTING OF LICENCE CONDITIONS
KEY POINTS




All prisoners released on Home Detention Curfew must be released on licence. For prisoners
serving sentences of under one year the licence will expire at the halfway point of sentence. For
prisoners serving sentences of one year or over the curfew condition will expire at the halfway
point of sentence and the licence itself will expire at the three quarter point of sentence less the
period spent on curfew.
The curfew hours should normally be for 12 hours a day. Curfews must never last for less than
nine hours a day except on the initial day of release.
Curfews on the initial day of release may be less than nine hours. Governors must take into
account travelling time and other obligations, but should normally commence the curfew at
3:00 in the afternoon.
Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree
that they consent to the conditions imposed.
6.1
Release on Licence
6.1.1
If a Governor decides, on the authority of the Secretary of State, that a prisoner should be released on
Home Detention Curfew, the prisoner must be released on licence under Section 34A of the Criminal
Justice Act 1991 (as amended).
6.1.2
There are two types of HDC licence, sample copies of which are at Annex E. They apply to:
(i)
(ii)
adult prisoners serving sentences of less than 12 months;
adult prisoners offenders serving sentences of 12 months or more and all young offenders;
6.1.3
For adult prisoners sentenced to under one year the licence will expire at the half way point of sentence.
The only conditions on the licence for these prisoners will relate to the curfew and a further condition
relating to the commission of new offences. Following expiry of the licence the offender will remain “at
risk” until the sentence expiry date (see PSO 6000). No “at risk” notice needs to be issued, as the
licence will clearly state that the offender remains at risk.
6.1.4
For adult prisoners serving one year or over the curfew conditions will expire at the half-way point of
sentence. The remaining licence conditions, as found on ACR licences (see, PSO 6000), will apply to
these prisoners until the expiry of the licence.
Additional licence conditions may be imposed in
accordance with the procedures set out in PSO 6000. The licence expiry date will be at the three quarter
point of sentence less the period due to be spent on curfew. In most cases therefore the licence
expiry date must be brought forward by the two months the prisoner is due to spend on curfew. If
however the prisoner is due to spend less than two months on curfew (because for instance he or she
could not be released at the weekend, or because the time spent on remand and the time taken to
complete the risk assessment meant that the prisoner could not be released until there were less than
two months to go to the halfway point of sentence), then the LED will only be brought forward by the
amount of time he or she is actually due to spend on curfew. Following expiry of the licence the offender
will remain “at risk” until the sentence expiry date.
6.1.5
Young offenders will always be released into supervision. They will therefore be released on the same
type of licence as adult offenders serving twelve months or more. However if the licence period is less
than three months, supervision must continue for three months from release and a notice of supervision
must be issued to make up the difference. For further guidance see PSO 6000.
Order Ref. No. 6700
Chapter 6, Page 2
6.2
Setting curfew conditions
6.2.1
The Governor responsible for authorising the release on licence must set the licence conditions,
including the times and place(s) of curfew.
6.2.2
The curfew must normally only be to one address, but in exceptional cases it would be possible to
curfew the offender to more than one address, for instance the home and workplace, where this was
integral to a supervision plan.
6.2.3
Legislation requires that the curfew period(s) must not total less than nine hours during any one day,
apart from the initial day of release (see below). There is no maximum curfew period but the normal
expectation is that the curfew should be set for 12 hours a day. Standard curfew hours have been
allocated to establishments and these are set out at Annex H, but these may be varied depending on
the offenders’ circumstances.
6.2.4
Different curfew periods may be set for different days (e.g. ending the morning curfew at 06.00 on
Tuesday if the prisoner has a regular medical appointment early on those days, or setting the curfew to
cover a period when the prisoner might be at risk of reoffending).
6.2.5
Governors must take into account any recommendation from the home probation service about the
curfew hours. They must also take into account legitimate reasons why the curfewee will need to be out
of their home at certain times. These include (but are not restricted to):
(i)
(ii)
(iii)
(iv)
(v)
(vi)
working hours (including reasonable travelling times, and including night work);
childcare arrangements;
religious observance;
regular hospital appointments;
appointments at benefit offices;
appointments with the Probation Service;
6.2.6
Where the curfewee ‘s potential employment includes nightworking (for example, in a bakery) the
curfew hours can be amended to allow this. In such cases, wherever possible the curfew period should
still be for 12 hours and must never be less than nine.
6.2.7
Curfews longer than 12 hours a day must only be imposed if it is judged that this is likely to increase the
probability of successful completion of the curfew, for instance by prohibiting the offender from being out
during periods when it is known that he or she is particularly likely to be vulnerable to the availability of
alcohol. In setting the curfew hours, Governors must take into account that the intention is that the
offender should use the period he or she is subject to the curfew to organise their transition back into
the community, and the curfew should not therefore prevent the offender from actively seeking work
(according to the criteria applied to claimants seeking the Jobseeker’s Allowance, they must be actively
seeking and available for work, usually for at least 40 hours work a week).
6.2.8
The curfew period on the initial day of release may be under 9 hours. Governors must take account of
travelling time when calculating when the curfew period should start on this day. The curfew must
normally start no later than 15.00 on this day, unless there are reasons why this is not appropriate (for
instance travelling time or a late appointment with the supervising probation officer). The contractor will
visit the offender during this curfew period to fit the tag and install the monitoring equipment.
6.2.9
The curfew on the last day will normally be for the same hours as on the preceding days. This means
typically that the last curfew period will end at midnight. The contractors will de-install the equipment and
remove the tag during the last two hours of the last curfew period, which will typically be between 22:00
and midnight.
Order Ref. No. 6700
Chapter 6, Page 3
6.3
Prisoner consent
6.3.1
The prisoner must be informed of the licence conditions and be invited on the day of release to sign the
licence, agreeing to these conditions. Prisoners must not be released on Home Detention Curfew
unless they have provided written consent to the licence conditions. If the prisoner does not consent to
the conditions, he or she must not be released until the conditional or automatic release date.
6.3.2
One of the curfew conditions will be that the prisoner accepts responsibility for the cost of the electricity
used by the monitoring unit installed at the curfew address. This condition avoids the requirement on
contractors to offer repayment for minimal electricity charges, which would otherwise be necessary. Its
therefore minimises unnecessary paperwork. The unit will draw its electricity from the main supply to
the address, and so will be included in the general bill charged to the person responsible for that supply.
In many cases therefore this will be the prisoner him or herself or another family member. The
consumption will be minimal, and the amount of electricity consumed should not exceed £1 even for a
curfew of the maximum duration of two months.
6.3.4
If a telephone line exists at the curfew address and is in the prisoner’s name the licence will require the
prisoner to consent to the line being used by the contractors. If there is no telephone line at the curfew
address the contractor will arrange for one to be installed. If a telephone line exists, but it is not in the
prisoner’s name, the relevant person’s consent will be sought where necessary (if it is not forthcoming
then the contractor will install another line).
Order Ref. No. 6700
Chapter 8, Page 1
CHAPTER 7 - NOTIFICATION TO THE PRISONER
KEY POINTS
 Prisoners must be notified as soon as possible following the decision on their suitability for Home
Detention Curfew. Reasons must be provided where HDC is refused.
 Reports must be prepared where possible so as to be suitable for disclosure. Where the Governing
Governor or Acting Governor decides that information cannot be disclosed because it falls into one
of the categories set out at paragraphs 7.6-7 below, the prisoner must be informed that information
has not been disclosed. Non-disclosable information must be held separately.
 Copies of all disclosable reports must be provided to prisoners if requested,
whether before or
after the HDC assessment. Prisoners must be given the opportunity, if they request it, to make oral
or written representations before the HDC decision is made.
 Prisoners who are refused HDC must be informed that they have a right of appeal against the refusal,
a right to see all disclosable reports on which the decision was based, and a right to make oral or
written representations.
 All appeals about Home Detention Curfew must be dealt with as a matter of priority. Where available
the appeal must be dealt with by a Governor of a higher grade.
7.1.
Prisoners must be notified that they have been assessed as suitable for release on Home Detention
Curfew using form HDC(5). He or she must be informed that the decision is provisional, and that it may
be reversed if the prisoner’s subsequent behaviour or new information demonstrate that he or she is not
suitable for HDC. In addition, the release is dependant upon the continued availability and suitability of
the release address.
7.2.
Prisoners must be notified of the decision that they are not suitable for release on Home Detention
Curfew using form HDC(6). He or she must be informed of the reasons, and of the right to appeal
through the Request\Complaint procedures (see paragraphs 7.10-14 below). Reasons for refusing to
release an otherwise eligible prisoner on Home Detention Curfew must be based on those listed at
paragraph 5.38.
7.3.
Disclosable reports, including forms HDC(1) and HDC(4) must be made available to the prisoner if
requested, whether before or after the Home Detention Curfew assessment. Where a request for
disclosure is made in advance of the consideration of the case, the prisoner must be given the
opportunity to make oral or written representations prior to the board’s decision on Home Detention
Curfew.
Disclosure of reasons- views of third parties
7.4.
Decisions on Home Detention Curfew may involve information on the views of victims of the offender or
of other residents at the proposed curfew addressed. It is essential that such information is handled
sensitively and where necessary confidentially. General guidance on the handling of victim information
is provided in Chapter 9 of the Prison Service Order on Sentence Management and Planning. (PSO
2200).
Order Ref. No. 6700
Chapter 8, Page 2
7.5.
Decisions on suitability for HDC cannot normally be made on the basis of a third party’s concerns
without those concerns being disclosed to the prisoner, so that he or she has the opportunity to
challenge them. However, if the home probation service is provided with information by the victim or a
resident at the proposed curfew address which that person wishes to remain confidential, the member
of probation staff compiling the report may chose to incorporate the necessary information in a
disclosable form unattributably within their own analysis, or to express the information in broad terms.
Where the probation service considers that specific information must be provided which it or the
supplier of the information wishes to remain confidential, the home probation service must contact the
prison Governor to discuss their concerns, and outline in general terms why they wish to submit
information on a confidential basis. It will then be the responsibility of the Governing Governor or Acting
Governor to decide (usually on the advice of the chair of the HDC board) whether the information can be
treated as confidential under one of the four headings set out in paragraph 7.6 below.
7.6.
The general rule is that all information, from whatever source, which has been taken into account during
the risk assessment must be disclosed to the prisoner if requested, except where non-disclosure is
necessary on one of the following grounds:
7.7

the interests of national security;

the prevention of crime or disorder, including information relevant to prison security;

the protection of information which may put a third party at risk;

if, on medical or psychiatric grounds, it is felt necessary to withhold information where the
mental and/or physical health of the prisoner could be impaired.
If relevant information which has been considered in the risk assessment falls into one of these
categories, consideration must be given to:

presenting the information in an edited or summarised form; or

making a decision to withhold the information.
7.8
If the Governor decides the information from the home probation service can be treated as confidential,
that service must provide a disclosable and a non-disclosable report. The non-disclosable report must
be clearly marked, and must be held separately to the disclosable reports by the prison. The prisoner
must be informed in writing if a decision is taken not to disclose some information.
7.9
If the Governor decides that the information cannot be treated as confidential, then the home probation
service must be contacted to
confirm whether the supplier of the information is content for the
information to be disclosed. Third parties have a right to withhold consent to their concerns being
disclosed to the prisoner. If the individual is not content, the home probation service is responsible for
providing a report based on information which can be disclosed. It will be the responsibility of the
Probation Service to ensure that third parties see that part of any written report submitted by the Service
which represents their views, if they so wish.
APPEALS
7.10
A prisoner may complain about decisions related to Home Detention Curfew through the Request &
Complaints procedures. A prisoner may, of course also raise complaints outside this system, for
example, through his or her solicitor. As with other complaints affecting imminent release dates, all
complaints about Home Detention Curfew must be dealt with as a matter of priority.
Order Ref. No. 6700
Chapter 8, Page 3
7.11
In the first instance complaints must be dealt with by the establishment holding the prisoner. Wherever
possible the appeal should be dealt with by a Governor of a higher grade than the Governor involved in
the original decision.
7.12
Where Home Detention Curfew is refused, a prisoner must be informed of:

the right of appeal,

the right to see the reports and other documentation on which the decision was based (except
for any material that is non-disclosable: see paragraphs 7.4 - 7.9 above), and

the right to make oral or written representations to the Governor dealing with the appeal.
This information is included in form HDC(6).
7.13.
If the prisoner asks to make oral or written representations in support of his or her appeal, this should be
permitted. In considering the appeal the Governor must look at the case afresh and address all points
raised by the prisoner in any representations. If necessary the Governor may seek further information to
assist in the consideration of the appeal, and this may include interviewing the prisoner even where
there has been no request for oral representations. The Governor must give reasons in writing for
upholding on appeal the original decision to refuse Home Detention Curfew. Where the decision to
uphold the appeal is based on the same reasons as the original refusal, the Governor should seek to
expand on those reasons and clarify why they apply.
7.14.
If the prisoner remains dissatisfied after appealing at establishment level then he or she should be
informed that the next stage is to appeal to the Area Manager at Prison Service Headquarters.
7.15.
If an appeal is upheld and it is decided that the prisoner meets the criteria for Home Detention Curfew,
then the prisoner must be released on Home Detention Curfew at his or her eligibility date or as soon
as possible thereafter (provided that these criteria remain satisfied: see paragraphs 7.1 and 7.17). If,
however, the prisoner has fewer than seven days to serve, he or she should not be released on Home
Detention Curfew, as the period of curfew would be insufficient given the objectives of the Home
Detention Curfew scheme (see paragraph 5.49 for guidance on short curfews.)
7.16.
Similarly, complaints about the proposed curfew conditions attached to a Home Detention Curfew
licence can be raised through the Request & Complaints procedures. Prisoners must not be released
on Home Detention Curfew unless they sign the licence to confirm that they accept the conditions
imposed. Signature of the licence will constitute a withdrawal of any appeal against the proposed curfew
conditions.
Notification to prisoners of revised assessments
7.17.
If, after a prisoner has been notified that he or she has been found provisionally suitable for release on
Home Detention Curfew, the prisoner’s subsequent behaviour or new information which has come to
light leads the Governor to conclude that the prisoner is not suitable for the curfew, he or she must be
informed and offered the opportunity to appeal in the same way as if he or she had been refused during
the initial assessment.
CHAPTER 8. - RELEASE PROCEDURES
KEY POINTS

Form HDC7 must be faxed 14 days in advance of release or as soon as possible thereafter to the
contractor, the probation service, the NIS at New Scotland Yard. and to the local police force. If
there are changes to the term of the curfew or if HDC is cancelled then the agencies notified of
the original proposed release date must be informed using form HDC11.
Order Ref. No. 6700
Chapter 8, Page 4


On the day of discharge, the prisoner must sign the licence agreeing to the terms of curfew.
One copy of the licence must be placed on the F2050 record, and copies must be faxed to the
other agencies involved on the day of release.
8.1
Advance notification
8.1.1
Whenever possible, 14 days’ advance notification of release must be provided by fax to:
(i)
(ii)
(iii)
(iv)
the contractor,
home probation service’s HDC contact point,
the National Identification Service at New Scotland Yard; and
the home police service.
8.1.2
Notification must be given on form HDC 7. If the risk assessment is completed less than 14 days
before the proposed release date the notification must be sent out as soon as is possible. This is
particularly important in cases where a telephone line is required to be installed. The prisoner must not
be released on licence without 24 hours notice being provided prior to the commencement of the
curfew. Even if a prisoner has passed his or her eligibility date, they must not be discharged on HDC
without sufficient prior notice being given to the contractors. If necessary the discharge must be delayed
in order to give the contractor at least 24 hours notice.
8.1.3
Form HDC7 (and the licence) must include the CRO and (where known) the PNCID. If establishments
do not have this information in the case of a particular prisoner the most appropriate way of obtaining it
will be through the establishment’s Police Liaison Officer.
8.1.4
Form HDC7 must include details of any particular risk factors about which the employees of the
monitoring company should be aware of prior to visiting the offender.
8.1.5
For prisoners subject to supervision on release, form D1 and accompanying document must also be
sent to the prisoner’s supervising probation officer in accordance with the procedures laid out in the
Sentence Management and Planning Manual PSO 2200.
8.1.6
If it is subsequently decided that the offender is not suitable for release on HDC, or the arrangements for
release change, notification of the change must be sent using form HDC11 to the other agencies
originally notified.
Order Ref. No. 6700
Chapter 8, Page 5
8.2
Arrangements in advance of and on the day of release
8.2.1
Governors are encouraged to incorporate briefings from their regional contractor into their pre-release
courses where these are run. A video explaining the nature of electronic monitoring has been circulated
to establishments and offenders due to be released on tags should be given sight of this video where
possible.
8.2.2
It is important that on the day of release the prisoner is released in sufficient time to ensure that they can
arrive at their home address in advance of the curfew.
8.2.3
Before release, the prisoner must sign the licence.
The licence must be counter-signed by the
Governor, or an officer authorised by the Governor. One copy of the licence must be placed on the
prisoner’s F2050. In addition, copies of the licence must be sent by fax on the day of release to the
contact points listed in paragraph 8.1.1. This will serve as confirmation of release.
8.3
Provision of information to contractors
8.3.1
When faxing the licence to the contractors the establishment must also provide a copy of the Personal
Summary Sheet from the F2050. In addition, a photograph of the prisoner must be copied onto the top
right hand side of the prisoner’s copy of the licence.
8.3.2
Any other special release arrangements relating to discharge notification, such as those covering
prisoners subject to restriction order under the Football Spectators Act 1989 (CI 20/1990) or prisoners
convicted of offences against children and young persons under the age of 18 ( IG 54/94), must be
followed.
Order Ref. No. 6700
Annex A, Page 6
CHAPTER 9. - POST-RELEASE ARRANGEMENTS AND RECALL OF PRISONERS
KEY POINTS





Requests to amend the licence conditions for some one-off requirements are handled by the
contractor, but other one off variations and any permanent changes to licence conditions must
be made by the Governor on behalf of the Secretary of State.
Licence conditions must not normally be changed where it is reasonable to expect the offender
to continue to abide by existing licence conditions. Documentary evidence may be required.
The curfew address must not be changed without an assessment of the suitability of the new
address by the home probation service.
The Parole Unit in Prison Service Headquarters is responsible for revoking the licence of
offenders who have breached their curfew conditions. Offenders recalled to prison will be
returned to the nearest suitable establishment, which must make arrangements for their
reception. The establishment must inform the Parole Unit that the offender has been returned to
custody. Appeals against recall will be handled by the Parole Unit.
Prisoners recalled for breach of HDC must be released at the half way point of sentence. Time
spent on curfew will count as time served, but time spent unlawfully at large following recall will
not. If serving one year or over, the LED will be at the three quarter point of sentence less the
time spent on curfew before the recall notice was issued.
9.1
General
9.1.1
Responsibility for installing the tagging equipment and monitoring the prisoner’s compliance with the
curfew conditions of the licence rests with the contractor for the region (see the guidance at Annex G).
The prisoner should only contact the prison if he or she is applying to have the licence conditions
amended.
9.1.2
Complaints against the contractors who fit the electronic tag and monitoring equipment are not a matter
for the Prison Service. Such complaints must be directed to the contractor. The Home Office Probation
Unit will receive a regular report on the handling of all complaints and be informed immediately of all
serious complaints against the contractor
9.2
Amending the licence conditions
9.2.1
A prisoner who has been released on HDC may apply to the Governor of the establishment from which
he or she was released for the curfew conditions to be varied. Please note that the contractor can
authorise some one off absences such as for a doctor’s appointment (see Annex F for further details)
but other one off absences and any permanent variation to the licence conditions (for example, as the
result of finding a job or losing existing accommodation) must be made by the Governor, acting on
behalf of the Secretary of State. He or she may be advised on the suitability of the application by a
seconded probation officer or member of the throughcare team. While the contractors can authorise a
one off absence to attend the wedding or a funeral of a close relative, this means the ceremony only,
and any request, for example, to attend the reception of a wedding would fall to the governor to decide.
9.2.2
The establishment must consider any request for a variation in the licence conditions on its merits, but
must not normally alter the licence conditions where it is reasonable for the offender to continue to abide
by the existing conditions and this does not conflict with the objective of providing a stable transition
back into the community. The home probation service should normally be consulted if the offender is
under supervision. Documentary evidence should normally be provided where a variation in the curfew
hours is requested.
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO0066F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 7
9.2.3
If the establishment receives a request for a change of address which it considers merits assessment, it
must send form HDC8 to the home Probation Service to seek their comments on the proposed new
address. This must happen whether the offender is subject to supervision or not. They may also
contact the contractor if further information is required about the prisoner’s performance on curfew but
the contractors have no say in the decision or assessment. In some cases, where the prisoner is
unable to continue living at the present curfew address, a swift authorisation may be required. If the
home probation service consider that an adequate assessment cannot be carried out in the time (for
instance if a home visit is required), then the licence must not be changed. If the offender cannot
comply with the curfew at his or her current address, the Parole Unit must be informed with a view to
recalling the offender under section 38 A(1)(b), which will allow for the re-release of the offender if a
suitable new address can be confirmed.
9.2.4
Where there is a permanent change to the curfew conditions, a new licence together with form HDC11
must be sent to the contractor and copies sent to the home probation service, NIS and the home police
force as set out in paragraphs 8.1-2. The contractors will arrange for the offender to sign the licence
and will then return the licence to the establishment.
9.2.5
Where the governor authorises a one off variation to the curfew conditions, covering a single day, form
HDC11 must be sent to the contractor and copies sent to the home probation service, NIS and home
police force as set out in paragraphs 8.1-2. In such cases there is no need for a revised licence to be
issued, as this is an authorised absence rather than an amendment to the licence conditions. However,
any such one off variation, other than those covered at paragraphs 9.14-15, must still leave at least nine
hours in the day where the offender is subject to curfew.
9.2.6
Offenders must be notified of the reasons for any refusal. Where an application is made to change the
curfew conditions, the contractor must be informed of the outcome of the application, whether this is
successful or not. If the prisoner is subject to probation supervision, the supervising probation service
must also be informed. The offender may appeal to the Governing Governor against the decision not to
vary the licence conditions.
9.2.7
If the offender’s supervising probation officer wishes the curfew hours to be amended, the procedures
set out in paragraph 3.10.1 of the Parole Manual, PSO 6000 must be followed.
9.2.8
The Parole Unit may also amend the curfew licence conditions on behalf of the Secretary of State in
cases where the offender has been brought to their attention for failure or inability to comply with the
curfew. If this occurs the Parole Unit will provide the establishment with a copy of the new licence, as
well as sending copies to the other agencies involved. The contractors will be responsible for returning
a copy of the licence signed by the offender to the prison.
9.3
Contact points and urgent request for changes of address
9.3.1
HDC licences include space just above the Governor’s signature for details of the contact point at the
establishment. Establishments must consider what details of contact points should be provided and
whom the offender should be instructed to ask for when contacting the prison. The contact should be
someone who is normally readily contactable by the switchboard and who has sufficient authority to deal
with such issues. This may be the Duty Governor during the day and the Orderly Officer at other times,
who will take details and then contact the Duty Governor for a decision. Staff operating as contact
points should be provided with clear local instructions on the extent of their role and authority to deal
with telephone requests.
9.3.2
If an offender rings up with an urgent request for a change of conditions (e.g. due to fear for their safety
if they return to their curfew address or because they are no longer allowed to stay at the address)
establishments must make clear their assessment of how quickly any change can be approved.
Establishments will need to contact the Probation Service to assess how swiftly any change of address
can be assessed and agreed under the terms of the guidance at paragraph 9.5 of PSO 6700. In some
cases where the request is made out of office hours the establishment may need to contact either the
duty officer for the area, or the offender’s supervising probation officer.
9.3.3
If the offender indicates that he or she is not in a position to comply with their licence conditions, they
must be advised that breaking the curfew condition could result in recall. Staff must not advise offenders
to break their curfew. If the offender does break the curfew condition before the licence is changed the
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO0067F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 8
Parole Unit will be responsible for considering whether the prisoner should be recalled to custody. If
there is evidence the prisoner has attempted to comply with his or her licence conditions but was unable
to due to circumstances outside their control, the recall may be authorised on the grounds of inability to
monitor which would permit the offender to be re-curfewed on HDC following recall if a suitable address
can be found.
9.4
Prolonged absence in hospital or for court proceedings
9.4.1
If the offender or the contractor informs the establishment that the offender is due to spend a prolonged
period in hospital, the licence must not be amended so that the offender is curfewed to the hospital. In
such cases Governors have instead the discretion to instruct the contractor to treat the absence as an
allowable absence within the terms set out at Annex F - provided the offender can provide documentary
evidence as required for such absences. When notifying the contractor, the establishment should make
clear how long the allowable absence is allowed to last, up to a maximum of four days. If the hospital
stay lasts longer than four days, it may be necessary to issue further extensions on the last day of the
four to cover the remainder of the stay. The extension of the allowable absence does not rescind the
curfew and as soon the offender is discharged from hospital he or she is once again required to comply
with their curfew at the specified address, whether or not any days remain of the allowable absence
authorised by the establishment.
9.4.2
If an offender is required to attend a court which it is not possible to travel to on the day from the
offender’s curfew address, the Governor may agree the extension of the allowable absence to cover a
period of up to 3 days rather than require that a new curfew address be imposed. Such an allowable
absence must not be allowed to exceed 72 hours. If it is anticipated that the offender will be required to
attend the court proceedings for more than three days, it will be necessary to amend the licence to
provide for a temporary curfew to an address in the vicinity of the court. As noted in the paragraph
above, as soon as the rationale for the offender’s absence ceases, he or she must once more be at
their specified address during curfew hours.
9.5
Appeals against conviction or sentence
9.5.1
Where an outstanding appeal is heard while an offender is on HDC this can have an effect on the
curfew period. The curfew end day may be altered where the sentence is reduced. Similarly, HDC may
no longer apply where the sentence is reduced and the prisoner has reached his or her ARD or CRD, or
where the conviction is quashed. Also if he sentence is increased this may either lengthen the time on
curfew or mean that the prisoner has not now reached his eligibility date. In all such cases the appeal
court should contact the discharging prison. In all cases where the effect of the appeal is to alter the
HDC period the establishment must send an amended licence together with form HDC11 to all the
agencies who received a copy of the original licence. Where the effect of the appeal is that HDC no
longer applies the establishment must notify the other agencies of this using form HDC11. The last box
of form HDC11 should be filled in with a brief explanation that HDC no longer applies. There is no need
to contact the Parole Unit.
9.6
RECALL PROCEDURES
9.6.1
Under Section 38A(1) of the 1991 Criminal Justice Act, prisoners on Home Detention Curfew may be
recalled to prison if:
(i)
(ii)
(iii)
they fail to comply with the curfew conditions of their licence (subsection 1(a));
it is no longer possible to monitor the curfew at the specified address(subsection 1(b)); or
the offender is considered to represent a threat to public safety(subsection 1(c)).
These recall powers are in addition to the recall powers in respect of breaches of standard licence
conditions.
9.6.2
In all cases the decision to recall a prisoner under S38A(1) lies with the Parole Unit at Prison Service
Headquarters. The Parole Unit will decide whether to revoke the licence and recall the prisoner to
custody. Where requested by the Parole Unit, establishments must fax a copy of Forms HDC1 and 4
(where appropriate), together with any further information from the F2050 specified by the Unit. If the
Parole Unit decides to recall the prisoner, he or she will be rendered unlawfully at large and be liable for
immediate return to custody by the police.
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO0068F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 9
9.6.3 Following arrest by the police, offenders will be returned by the escort contractors to the nearest prison
or remand centre categorised as a local for prisoners of that type (adult males, females or young
offender) serving the area in which the arrest took place. The police are required to notify the
establishment in advance and establishments must be able to confirm immediately upon request
whether they have the space to take the offender. The establishment must provide the police with the
name of the person giving the confirmation. That person must have the authority to do so. It may be
good practice to send written confirmation by fax. Establishments must not refuse to accept the
prisoner unless the establishment is not taking any new receptions due to population demands. If no
place is available, the establishment must contact Population Management Unit at Prison Service
Headquarters (Tel: 0171 217 6681/6582. Out of hours 0171 233 7366) for an alternative establishment
to be identified. It is not the responsibility of PECS or the police to find an alternative establishment.
Population Management Unit will be responsible for notifying the police.
9.6.4
When prisoners are returned to prison following recall from HDC, the new entry must be made on the
original prison record where this can be established. The reception code must record that the offender
has been recalled under the curfew recall powers. The establishment must inform the Parole Unit (by
phone or fax) that the prisoner has been returned to custody.
9.6.5
In addition, where a curfewee is charged with an offence and, whilst still subject to curfew conditions, is
remanded into custody by a court, the Parole Unit must be informed by the receiving establishment
immediately following reception. In these circumstances, the curfewee’s licence will be revoked. The
Parole Unit will inform the holding establishment of its decision.
9.6.6
A standard fax notification form has been developed for use in contacting the Parole Unit – form
PUHDC(6) at Annex B. You must use this form, or a local variation on it where a curfewee has had his
licence revoked and has been returned to custody or where he is remanded to custody. Whatever form
is used, the following information must be provided:
(i)
(ii)
(iii)
(iv)
prisoner’s name
prisoner’s prison number
date of return to prison.
date of revocation notice (where revocation has already been authorised)
9.7
Appeals against recall
9.7.1
Offenders have the right to appeal against any decision to recall them from HDC. Within 24 hours of
being notified by the receiving establishment, the Parole Unit will fax to the prison a memorandum
explaining the action that must be taken by the prison – form PUHDC(7) at Annex B. Enclosed with the
memorandum will be a copy of the revocation dossier, including a letter to the prisoner setting out the
reasons for recall and explaining the appeal process. The revocation dossier must be disclosed to the
prisoner within one working day* of receipt. Form PUHDC(8) at Annex B must then be completed.
This form provides confirmation of disclosure and a statement of the prisoner’s intentions. Part I should
be completed by the Governor and Part II by the prisoner. Once Part II is complete, the form must be
returned to the Parole Unit Appeals Section within one working day.* If the prisoner indicates on this
form that he or she plans to appeal against recall, the Parole Unit will alert the Monitoring Contractor.
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO0069F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
9.7.2
Annex A, Page 10
If the prisoner opts to make representations personally, these should be sent directly to the Parole Unit
HDC Appeals Section, Room 127 Abell House, John Islip Street, London SW1P 4LH. If the prisoner
submits representations instead to any member of prison staff, these should be forwarded to the Parole
Unit by fax within one working day.*
* references to working days mean working days for administrative staff.
Note
Copies of forms PUHDC (6) (7) and (8) are attached at Annex B. However, the Parole Unit will send
copies of forms PUHDC (7) and (8) to establishments on each occasion that a prisoner is returned
following revocation of an HDC licence.
9.8
Re-release on HDC after recall
9.8.1
If the prisoner has been recalled under Section 38A(1)(b) because the address to which he or she was
curfewed can no longer be monitored, he or she may be re-released on curfew if another address can
be found or if the original address becomes suitable for monitoring. In such cases, governors must
consider the prisoner’s previous behaviour on curfew before approving re-release. In addition, the
Parole Unit must be consulted before re-release is approved as they may have information about the
circumstances of recall that would be relevant to the decision to re-release. Before a prisoner can be
re-released in this fashion, the home probation service must assess the suitability of any new address ,
in accordance with the procedures at paragraph 9.5 above. Where the recall was solely for the reason
of technical inability to monitor, the contractor must confirm that these technical obstacles have been
overcome. The normal considerations in respect of short curfews apply (see paragraph 5.49). The
curfew will expire at the halfway point of sentence. The licence should expire at the date set in the
original licence.
9.9
Automatic release after recall
9.9.1
Prisoners recalled for breach of HDC, who do not successfully appeal against that decision, or apply for
re-release will be released at their conditional or automatic release date at the halfway point of
sentence. This date will be put back by any time spent unlawfully at large. If a prisoner is re-sentenced
in the meantime for a new offence, the new sentence will not form a single term with the current
sentence: the sentences will run in parallel. Further details are given in PSI 51/98, which covers
changes to the single term as a result of the Crime and Disorder Act 1998.
9.9.2
If a prisoner is being re-released on ACR licence at the halfway point of sentence following recall from
Home Detention Curfew, the licence expiry date will be at the three quarter point of sentence less the
time spent on supervision whilst curfewed. Time spent unlawfully at large following recall by the Parole
Unit will not count towards the calculation of the LED.
9.9.3
Adult AUR prisoners released after recall must be released unconditionally.
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO006
10F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
INDEX
Annex A, Page 11
Paragraph
Eligibility
Category A prisoners
Civil prisoners & fine defaulters
Concurrently & consecutively sentenced prisoners &
remand prisoners
Courts martial prisoners
Prisoners previously recalled to custody
Prisoners who have been unlawfully at large
Prisoners on a restricted transfer to other UK
jurisdictions
Sex Offenders
Statutory exceptions
2.5.1
2.2.2
2.6.1
Absences authorised by contractor
Amending the licence conditions
Contact points & urgent requests for changes of
address
Notifying other agencies of changes to licence
conditions
Prisoner consent
Prolonged absence in hospital or for court proceedings
Release on licence
Setting curfew conditions
Standard Licences
Telephone line
Annex F
9.2
9.3
2.8.1
2.3.1
2.9.1
2.7.1
2.4
2.2
Licence conditions
9.2.5
6.3
9.4
6.1
6.2
Annex C
6.3.4
Chapter 4
Preparation during
sentence
Notification to the
prisoner
Disclosure of reasons - views of third parties
Appeals
Notification to prisoners of revised assessments
7.4 - 7.9
7.10 - 7.16
7.17
Advance notification (HDC7)
Arrangements in advance of and on day of release
Provision of information to the contractors
8.1
8.2
8.3
Procedures for
release
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO006
11F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 12
Recall of offenders
& post release
Appeals against conviction & sentence
Appeals against recall
Monitoring of curfew
Recall procedures
Re-release on HDC after recall
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO006
12F2361
Issued 12/01/2000
9.5
9.7
9.1
9.6
9.8
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 13
HDC RISK ASSESSMENT
Annex A
Is the prisoner eligible for consideration?
No
Yes
Sufficient time for
assessment
and curfew?
No
Yes
Prisoner supplies a home
address on HDC2
No
Yes
RELEASE
AT
ARD\CRD
Wing officer report
Initial sift by Seconded
Probation Officer/
authorized officer
HDC3/PD1 to
Probation Service
Seconded Probation
Officer/authorized officer
identifies need for no
Probation Service input
Seconded Probation Officer/
authorized officer
completes HDC1
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO006
13F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex A, Page 14
Seconded Probation Officer/
authorized officer
completes HDC1
Enhanced assessment required?
No
Governor agrees to release
Yes
No
Yes
Enhanced Assessments
Broad complete HDC 4
RELEASE
RELEASE
ON
ONHDC
HDC
(Recommendation to authorizing
Governor)
RELEASE
ON HDC
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO006
14F2361
Issued 12/01/2000
RELEASE
AT
ARD/CRD
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex B, Page 1
ANNEX B
HDC FORMS
HDC(1)
-
Suitability Assessment Form
HDC(2)
-
Prisoner’s home address form
HDC(3)
-
Probation Enquiry Form
HDC(4)
-
Enhanced Assessment Form
HDC(5)
-
Notification to prisoner of HDC release
HDC(6)
-
Notification to prisoner of ARD/CRD release
HDC(7)
-
Notification to other agencies of proposed release on HDC
HDC(8)
-
Probation Enquiry form (post-release)
HDC (9)
-
Transitional notification of eligibility
HDC (10)
-
Police enquiry form
HDC (11)
-
Notice of amendment/cancellation of release on HDC
PUHDC(6)
-
Notification of return following curfew on HDC
PUHDC(7)
-
Appeal papers
PUHDC(8)
-
Confirmation of disclosure & statement of intention
PSI Ref. No. 02/2000, Issue No. 69, Vocab No. GO0061F2361
Issued 12/01/2000
This amended version issued 19/08/2013
Vocab. No GO006
FORM HDC(1)
SUITABILITY ASSESSMENT FOR RELEASE ON HOME DETENTION CURFEW (HDC)
SECTION ONE: PRISONER’S DETAILS
Surname
Forename(s)
Prison Number
Prisoner Location
Officer responsible for assessment
Current offences
Sentence Length
Date of Birth
Eligibility Date
SECTION TWO: PRISON STAFF MEMBER’S REPORT
This section should be completed by a member of prison staff who has regular day-to-day
contact with the prisoner. The objective is to supply up-to-date information on any factors
relevant to the prisoner’s suitability for Home Detention Curfew. The staff member
completing the form may in many cases be the prisoner’s personal officer or an officer from
the prisoner’s wing, but in some prisons it may be more appropriate for an officer who has
greater contract with the prisoner at other times of the day to comment.
Please tick any boxes that provide evidence relevant to the prisoner’s suitability for
Home Detention Curfew and comment below. Any comments must be backed by
reference to evidence. N.B. Prisoners will normally be released on HDC unless there are
substantive reasons for retaining the prisoner in custody until his or her automatic release
date. Only where there are clear and substantive grounds to indicate the prisoner is unlikely
successfully to complete the period on HDC will release normally be refused. Please return
the form within five working days to the officer named in Section One above.
Progress
on
addressing
offending behaviour
Successful ROTL
Family links
Evidence of attitude or behaviour strongly
indicative of risk
Prison staff member’s comments
Name:
Medical Officer’s comments (normally only required if mental health issues need to be
clarified)
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SECTION THREE: RISK PREDICTOR (to be used in all cases)
I confirm that the information used in the risk prediction calculation been checked with the
prisoner.
_______________Signed _____________ Date
High risk
Not high risk
Sex offending
Violent offending
Reimprisonment
N.B. The full read-out should be attached. The risk predictor calculates only the statistical
probability of an offender with the relevant offence history reoffending. It does not calculate
the probability in relation to this particular prisoner. The scale is therefore only one aspect of
risk assessment, and many other factors must be taken into account when assessing the
risk posed by a particular prisoner.
SECTION FOUR: INITIAL REVIEW OF PAPERS
Please indicate below any factors on which the Probation Service should be invited to
comment. (This information must also be recorded on form HDC3 or PD1.)
Please indicate below if the prisoner is assessed as clearly unsuited for Home Detention
Curfew, and it is decided that the assessment can be completed satisfactorily without
reference to the home Probation Service. (N.B. This decision must be reviewed during
the completion of both the suitability assessment and the enhanced assessment).
Home probation service input not required
Reasons
SECTION FIVE: SUMMARY OF COMMENTS BY THE HOME PROBATION SERVICE.
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SECTION SIX: ASSESSMENT BY THE REVIEWING OFFICER (either from the seconded
probation team or another authorised officer).
The assessment should review the core documentation in the light of the comments
included in sections two and five, and in the light of the prisoner’s risk prediction scores. It
should note any recommendations concerning curfew hours.
Please tick box below
Referral to governor for consideration for Home Detention Curfew.
Referral for enhanced assessment (mandatory if the prisoner is either serving a
sentence of one year or over and does not have a successful history of ROTL, or if
the prisoner is in the statistically high risk category according to the risk prediction
calculation)
Signed __________________
Date __________________
SECTION SEVEN: GOVERNOR'S DECISION (if prisoner not referred for enhanced
assessment)
Authorisation given for release on Home Detention Curfew
Referral for enhanced assessment
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Normal licence hours/Special licence hours (giving details)*
Curfew Address:
Signed __________________
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Date __________________
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Vocab. No GO006
FORM HDC(2)
Information on proposed release
address for Home Detention Curfew
Surname _____________ Forename (s)____________
Location ____________
HDCED ___________
Prison No _________
Sentence _____________
ARD/CRD Date ___________________
Proposed address -
Tel No:
Post code
Does this address have an electricity supply?
A telephone?
(Please tick)
Telephone number
Is the telephone line sill connected? yes/no/don’t know (delete as applicable)
Does the line have any other facilities? Yes/no/don’t know (see paragraph 2 overleaf)
(The electronic monitoring contractor may test whether this line is suitable)
Who is the main occupier of this address?
(The Probation Service may contact this person to discuss the possibility of
curfewing you to this address). If it is necessary what would be the best time for
someone from the Probation Service to call at the address and make enquiries?
If there is no other occupier, please supply the name of the landlord
Name:
Address:
Tel. No:
What is your relationship to the people living there ?
Name:
Relationship to prisoner:
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Age (if under 18)
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Vocab. No GO006
have you ever been convicted or cautioned for an offence against any of the above, or
any neighbours to the above address? If so, please give details.
The above information is to the best of my knowledge correct. I am content for the
landlord and/or telephone provider to be contacted.
Prisoner
/
YO
_________________
Signature
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_________________________________
Date
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Vocab. No GO006
The information which you give on this form will be used when the Governor decides if you should
serve part of your sentence in the community on Home Detention Curfew in advance of your
automatic or conditional release date.
You should provide details on this form of a suitable home address to which you can be curfewed.
The details you provide will normally be passed to the probation service. It may be necessary for a
member of the probation service to visit the address to discuss with other residents there the
possibility of curfewing you to this place.
A suitable home address does not guarantee that you will be released on Home Detention Curfew.
All prisoners will also have to pass a risk assessment.
Please read the following notes before completing the form.
Guidance for completion of the form
1.
The proposed address must be within England or Wales. It is not possible for prisoners to be
curfewed to other areas.
2.
The proposed address must be connected to an electricity supply in order for the monitoring
equipment to function. You should also provide details of whether the accommodation has its
own telephone. If no telephone connection exists, a telephone can be installed by the
monitoring contractor. This can only be used to contact the monitoring company and the
emergency services. It will not allow you to make calls to other people, and will be
disconnected at the end of the curfew. You will be unable to use your line if it only allows
incoming calls, or has an answerphone, fax, internet connection or call waiting. Please
indicate if you have any of these facilities
3.
If there is another adult resident at the proposed curfew address who has responsibility for
the property you must give their name. It would be helpful if you could also indicate the most
convenient time for a member of the probation service to call at the address to make any
enquiries necessary.
4.
If you will be the only person living at the proposed address and you do not own the property,
please provide the name of the landlord and an address and telephone number where they
can be contacted.
5.
You will need to provide the name and age (if under 18) of all other people who will be living
at the proposed address and their relationship to you. You must also disclose whether you
have been convicted or cautioned for any offence involving those resident at the address or
living in neighbouring properties.
6.
If, after you have competed this form, the address you have provided becomes unavailable
you will need to supply details of an alternative address as soon as possible.
7.
If you do not supply a release address, you will not be considered for release on Home
Detention Curfew, and will only be released at your automatic or conditional release date (at
the half way point of sentence). In this case you should sign in the box below.
I do not have a release address/ I do not wish to be considered for Home Detention
Curfew.
Prisoner
/
YO
_________________
Signature
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_________________________________
Date
This amended version issued 19/08/2013
Vocab. No GO006
FORM HDC(3)
This document may be disclosed to the prisoner. (Form HDC(2) must be attached to
this form) Please refer to guidance in the relevant Probation Circular
REQUEST FOR INFORMATION ON PROPOSED
HOME DETENTION CURFEW
To:
From:
Address:
HM Prison:
Date for reply:
Date:
OFFENDER’S DETAILS
Re Surname
Forename(s)
DoB
Prison Number
Dates of Sentence
Court
Sentence
HDC Eligibility Date
Offences
The above named prisoner is being considered for Home Detention Curfew. Attached is
form HDC(2) giving details of the proposed release address.
Your views are sought on the suitability of the offender for Home Detention Curfew, and on
the suitability of the proposed address.
N.B. Prisoners will normally be released on HDC unless there are substantive reasons for
retaining the prisoner in custody until his or her automatic release date. Only where there
are clear and substantive grounds to indicate the prisoner is unlikely successfully to
complete the period on HDC will release normally be refused. Guidance on the role of the
Probation Service in the risk assessment process for Home Detention Curfew is given in
Probation Circular 44/98.
Where other persons are living at the proposed release address, you should ensure that
they understand the nature of the Home Detention Curfew scheme and the possible impact
of the curfew on those living at the address, and that they have been given the opportunity
to raise any issues which they wish to be considered. Contact may be in the form of a letter,
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telephone call or home visit, depending on what is appropriate on the basis of the
information available to the Probation Service.
Factors on which you may wish to comment include:
(i)
(ii)
(iii)
domestic circumstances;
the position of known victims;
evidence concerning the prisoner’s suitability for Home Detention Curfew including:
a)
potential risk to the victim(s) or to members of the public;
b)
risk of re-offending during the Home Detention Curfew period; or
c)
probability of complying with the conditions of the curfew.
You should also comment where there are any other factors of relevance to the prisoner’s
suitability for Home Detention Curfew, or the suitability of the proposed release address (for
instance a supportive attitude on the part of other residents).
The Prison Service would be particular grateful for any comments you may have in
relation to the items below *
Comments on prisoner’s suitability and/or suitability of proposed release address
(Please continue your comments on a separate sheet if necessary).
Any special curfew hours recommended :I have/have not made contact with the proposed address by letter*/visit*/telephone*
Signed ____________________________ Name _________________________
Date ______________
Grade _____________________ Tel __________________
*Delete as appropriate
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FORM HDC(4)
ENHANCED ASSESSMENT FOR RELEASE ON HOME DETENTION CURFEW
SECTION ONE: PRISONER DETAILS
Surname:
Current offences:
Forename(s):
Sentence Length
Prison Number:
Date of Birth:
Location:
HDCED:
SECTION TWO: BOARD REPORT
The Board should have in front of it forms HDC 1, 2, and 3 when considering the prisoner’s
suitability for Home Detention Curfew.
N.B. Prisoners will normally be released on Home Detention Curfew unless there are
substantive reasons for retaining the prisoner in custody until his or her automatic release
date.
Please tick any boxes that provide evidence relevant to the prisoner’s suitability for
Home Detention Curfew and comment overleaf.
Progress
on
addressing
offending behaviour
Successful ROTL
Comments by wing officer
Comments by medical officer
Comments by home Probation
Service
Comments by throughcare team
Home circumstances
Potential threat to public safety
High probability of early reoffending
High likelihood of failing curfew
No suitable accommodation (pls comment on
whether other accommodation might be found)
Comments by Home Detention Curfew Board
Any comments must be backed by reference to evidence.
recommending special licence hours
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Please comment if
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Vocab. No GO006
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SECTION 3: CHAIR OF THE BOARD’S DECISION
Please tick box below
Recommendation of release on Home Detention Curfew
Recommendation of release at automatic release date
Signed __________________
Date __________________
SECTION FOUR: GOVERNOR'S DECISION
Authorisation given for release on Home Detention Curfew
Authorisation for release at automatic release date
Normal licence hours/Special licence hours (giving details)*
Curfew address:
Signed __________________
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FORM HDC (5 )
NOTIFICATION OF PROVISIONAL ACCEPTANCE FOR HOME DETENTION CURFEW
Surname
Forename(s)
Date of Birth
Prison Number
Proposed date of release on HDC:
Proposed address of curfew
Curfew hours:
Curfew hours on day of release:
You have provisionally been assessed as suitable for release on Home Detention Curfew,
subject to the continued availability and suitability of the address given above. This decision
may also be reversed should your subsequent behaviour or any new information
demonstrate that you should no longer be considered suitable.
This information will be disclosed to the electronic monitoring company responsible for
monitoring your whereabouts. They may contact others at the above address in advance of
your release.
If for any reason the proposed curfew address given above becomes unavailable, you must
immediately inform a member of staff. You may be asked details of to provide alternative
address.
Once released on Home Detention Curfew you may be liable to be recalled to prison if any
of the following happen:
(i)
(ii)
(iii)
(iv)
You fail to remain at your curfew address during any part of your curfew hours, or
other fail to comply with your curfew conditions;
The curfew address can no longer be electronically monitored;
It is decided that you pose a serious risk to public safety.
You are charged with a further offence while on Home Detention Curfew
If you are serving a sentence of one year or over, or you are a young offender you will also
be subject to other licence conditions and will be supervised by the Probation Service. You
will be given a licence to sign before you are released which will give details of the licence
conditions which will apply to you.
Signed:
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Name:
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Grade :
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Date:
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FORM HDC(6)
NOTIFICATION OF REFUSAL OF HOME DETENTION CURFEW
Surname
Date of Birth
Forename(s)
Prison Number
Proposed address of curfew
You have been considered for released on Home Detention Curfew. It has however been
decided, on the basis of the evidence available, that you should not be released on Home
Detention Curfew. Reasons for this decision are given below.
Reasons for refusal of HDC
Signed
Name
Grade
Date
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FORM HDC (7)
NOTIFICATION OF OFFENDER TO BE RELEASED ON HOME DETENTION CURFEW
Prison Establishment :
Address :
Contact name:
Tel:
Fax:
The following prisoner is due to be released on Home Detention Curfew on dd/mm/yy.
Surname :
Forename(s) :
Date of Birth :
CRO Number :
1.
Male/Female
Prison Number :
PNCID :
Curfew address:
Postcode:
Contractor:
2.
Telephone number at curfew address:
New telephone line requires installing: yes/no
Any other information known about the line:
3.
Main occupier /landlord*:
4
Dates of curfew: /
5
Standard hours of curfew: *
Special hours of curfew:
Curfew hours on first day
6
Any special requirements of released prisoner.
7
Interpreter rerquired: yes/no
/
to
/
/
Language:
8.
Any additional information (e.g. curfewee’s behaviour, information regarding place of
curfew)
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9.
Supervising Probation Officer ? yes/no
Name:
Contact Number:
Probation Area:
NB Copy of Prisoner’s licence to be sent as soon as possible on the day of release
Form D1 and accompanying documentation will be sent to the Probation Service
separately.
* delete if not applicable
THIS FORM MUST BE
FAXED TO THE MONITORING CONTRACTOR, HOME
PROBATION SERVICE, AND NATIONAL IDENTIFICATION SERVICE, AND THE LOCAL
POLICE FORCE.
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FORM HDC(8)
REQUEST FOR INFORMATION ON PROPOSED CHANGE OF HDC CONDITIONS
(This document may be disclosed to the prisoner. Please refer to guidance in the
relevant Probation Circular)
To
Address
From
HM Prison
Date for reply
Date
Re Surname
Forename(s)
DoB
Prison Number
Dates of Sentence
Court
Sentence
Offences
Date of Release on HDC
Current curfew address
The above named offender has applied for a variation of their conditions of licence as set
out below, for the grounds given
Variation of conditions of licence applied for, and reasons for application
Request for response within ___ days*. (Please give reasons)
We would be grateful for any views you may have on this application. If the application
involves a change of address, you are asked to comment on the suitability of the proposed
new address.
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Where other persons are living at the proposed new address, you should ensure that they
understand the nature of the Home Detention Curfew scheme and the possible impact of
the curfew on those living at the address, and that they have been given the opportunity to
raise any issues which they wish to be considered. Contact may be in the form of a letter,
telephone call or home visit, depending on what is required.
The Prison Service would be particular grateful for any comments you may have in relation
to the items below *
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Comments on proposed variation in conditions or suitability of proposed new
address
I have/have not made contact with the proposed address by letter*/visit*/telephone*
Signed ____________________________ Name _________________________
Date ______________
Grade _____________________ Tel __________________
*Delete as appropriate
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FORM HDC (9)
HOME DETENTION CURFEW: NOTIFICATION OF POTENTIAL ELIGIBILITY
Surname :
Forename(s):
Prison No:
Location:
Sentence:
ARD/CRD Date:
Home Detention Curfew Eligibility Date (HDCED):
Under the 1991 Criminal Justice Act you must be released no later than your automatic or
conditional release date (ARD/CRD).
This notice informs you that you may be eligible for the Home Detention Curfew (HDC)
scheme. which would allow you to serve part of your sentence in the community before your
automatic release date (ARD/CRD). This notice informs you of your provisional Home
Detention Curfew eligibility date (HDCED).
Home Detention Curfew
The Home Detention Curfew scheme applies` to most prisoners who have received
sentences of 3 months or more but less than 4 years. If you qualify for this scheme you may
be released on a curfew at your HDC eligibility date, which will be in advance of your
ARD\CRD. You will only be released on HDC if you appear suitable for release and have a
home address which the Probation Service has approved. You would be subject to a curfew
until your ARD\CRD date. If you break your curfew you can be recalled to prison.
Assessment for Home Detention Curfew
You have no entitlement to Home Detention Curfew. You will only be granted HDC if the
governor is satisfied that you can safely be released, that you will comply with the conditions
of your curfew, and that the curfew will help you to manage your return to the community.
As your eligibility date approaches you will be given a form to complete which will ask you to
provide details of an address to which you can be curfewed. The Probation Service may
then be asked to contact any occupants at this address to discuss its suitability. You must
also pass a risk assessment which will be completed by staff at the prison. You will be
notified in writing whether you have been considered suitable for release on HDC.
No offender who is serving a sentence for an offence covered by Part I of the Sex Offenders
Act 1997 will be considered for HDC unless there are exceptional circumstances.
Release arrangements
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If you are considered suitable for release on HDC you will normally be released on your
Home Detention Curfew Eligibility Date or as soon as possible thereafter. You will be
released on licence. The licence will include the hours of curfew set by the prison governor.
The curfew will usually be for 12 hours a day and could be more. The curfew will not be for
less than 9 hours a day.
If you are serving under one year and are not a young offender the licence will only have
conditions relating to the curfew. If you are serving one year or over or are under the age of
21 you will have additional licence conditions relating to your supervision by the local
probation service.
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Monitoring of the curfew
If you are released on HDC, you will to go to the curfew address you have provided where
you will meet with the contractor. The contractor will fit you with an electronic tag and install
monitoring equipment at the address. Your presence at the curfew address during the hours
of curfew will then be monitored by the contractor who will report any breaches of the
curfew.
The monitoring equipment will need to be connected to a telephone line. It may not be
possible to use your phone line if you need to use the line for any other purpose than for
making calls, such as fax, computer or answering machine. If necessary, the monitoring
company will arrange for a telephone line to be fitted. This telephone line can only be used
to contact the monitoring company and the mergency services. It will not allow you to make
calls to other people and will be disconnected at the end of the curfew.
If you violate the curfew or damage the equipment you can immediately be recalled to
custody until you automatic or conditional release date.
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FORM HDC(10)
REQUEST FOR INFORMATION FROM THE POLICE ON PROPOSED HOME DETENTION
CURFEW (SEX OFFENDERS)
This document may be disclosed to the prisoner
(Form HDC(2) must be attached to this form)
To
Address
Date for reply
From
HM Prison
Date
Offender’s details
Re Surname
Forename(s)
DoB
Prison Number
Date of Sentence
CRO Number
Sentence
PNCID Number
HDC Eligibility Date
Offences
The above named prisoner/YO is being considered for Home Detention Curfew. Attached is form
HDC(2) giving details of the proposed release address.
The offender will be required to register his/her address with the police upon release under the
requirements of the Sex Offenders Act 1997. Such offenders will only be released on Home
Detention Curfew in exceptional circumstances, and the Prison Service is conducting an
assessment to determine whether the prisoner meets this condition. As the offender is being
considered for release to this force area, you may wish to comment.
We would be grateful for any information relating to the prisoner’s criminal antecedents (where this
is not held by the prison) or criminal intelligence which is directly relevant to the curfew decision,
and for any views on the suitability of the particular address, particularly in relation to victim issues.
The responsibility for authorising the release of any offender on Home Detention Curfew lies with
the Governor of the establishment in which he or she is held. It is not the function or responsibility
of the police to reach the judgement on whether the prisoner is suitable for Home Detention Curfew.
You should provide any factual information which is available and which you consider would be of
relevance to those required to make the decision on the offenders’ suitability. You are not asked to
make detailed enquiries on suitability.
If you do not provide any comments this will not be taken as either tacit approval of or objection to
the prisoner’s suitability. If no reply is received by the requested date, it will be assumed that there
is no police contribution to the risk assessment.
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Your assistance is appreciated.
The Prison Service would be particular grateful for any comments you may have in
relation to the items below *
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POLICE RESPONSE
Information on risk factors identified in relation to the prisoner’s suitability and/or
suitability of proposed release address (Please continue your comments on a
separate sheet if necessary).
Signed _________________ Name _________________________
Date ______________
Grade_________ Tel __________________
*Delete as appropriate
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FORM HDC (11)
AMENDMENT/CANCELLATION OF RELEASE ON HOME DETENTION CURFEW
Prison Establishment :
Address :
Contact name:
Tel:
Fax:
The following prisoner was due to be\has been* released on Home Detention Curfew on _ _
/_ _/_ _.
Surname :
Forename(s) :
Date of Birth :
Prison Number :
Curfew address:
CRO Number:
PNCID Number
Supervising Probation Officer:
It has subsequently been decided that the above offender should not be released on HDC*.

Changes have been made to the curfew’s curfew conditions (copy of revised licence
attached if issued)*. 
The following changes apply:
*Tick box as appropriate.
THIS FORM MUST BE FAXED TO THE MONITORING CONTRACTOR, HOME PROBATION SERVICE, AND NATIONAL
IDENTIFICATION SERVICE. IN THE CASE OF PRISONERS SERVING 12 MONTHS OR OVER IT MUST ALSO BE FAXED TO THE
LOCAL POLICE FORCE.
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PUHDC(6)
NOTIFICATION OF RETURN FOLLOWING CURFEW ON HDC
PLEASE COMPLETE AND RETURN BY FAX TO:
THE PAROLE UNIT HDC SECTION
ROOM 125 - 127
ABELL HOUSE
LONDON SW1 4LH
Fax: 0171 217 5223
PRISONER’S NAME .....................................
PRISON NO. ............................................
REVOCATION ORDER DATED ...................
OR
REMANDED INTO CUSTODY BY ............................ COURT ON ............... (Date)
The above named prisoner was returned to this establishment on
..................................... (ENTER DATE)
Signed...................................... Date.........................
Name.......................................
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PUHDC(7)
APPEAL PAPERS
MEMORANDUM
From: ....................................
Parole Unit HDC Section
Room 127, Abell House
John Islip Street
London SW1 4LH
( 0171 217
Your Ref:
Our Ref:
(DATE).........................
To: The Governor
HMP
Date:
RECALL TO PRISON OF...................................................................................
CURFEWED ON HDC LICENCE FROM HMP..........................................................
DOCUMENTS
1.
The following documents are enclosed:
(i)
(ii)
(iii)
PUHDC(8): Confirmation of disclosure and statement of prisoner’s intention,
One copy of the revocation dossier,
One additional copy of the reasons for revocation for the prisoner to keep.
GUIDANCE
2.
If you have any queries which are not answered by the contents of this memorandum, please
telephone the Parole Unit on the number at the top of this page.
ACTION
3.
Please see the prisoner within one working day and do the following:
(i)
(ii)
(iii)
give the prisoner a copy of the reason(s) for his/her recall to prison and make sure the
prisoner fully understands them;
give the prisoner the opportunity to read the revocation dossier and make sure he/she
fully understands what is contained within it. The prisoner will need to pay for it if a
copy is to be retained;
inform the prisoner that he or she has the right, which can be exercised immediately,
to make written representations for consideration by the Parole Unit.
REPRESENTATIONS
4.
PUHDC(8) should be completed as soon as possible after the reasons have been given to
the prisoner and he or she has had the opportunity to read the dossier and consider what
action he or she wishes to take. Whether or not the prisoner wishes to make
representations, form PUHDC(8) must be signed by the prisoner and returned to the Parole
Unit.
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5.
You must return the form within one working day of the prisoner completing Part II of the
form. You may wish to retain a copy for your records.
6.
If the prisoner wishes to make representations, please provide sufficient lined white A4 paper
for this purpose. The prisoner should write in black ink (to facilitate subsequent photocopying)
and use only one side of each sheet. Do not censor the representations in any way.
7.
If the prisoner submits his/her representations to any member of prison staff, these must be
forwarded to the Parole Unit Appeals Section within one working day.
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PUHDC(8)
CONFIRMATION OF DISCLOSURE AND STATEMENT OF INTENTION
PLEASE COMPLETE AND RETURN BY FAX TO:
THE PAROLE UNIT APPEALS SECTION
[ FAX NUMBER ]
____________________________________________________________________________
PART I
FOR COMPLETION BY THE GOVERNOR
PRISONER’S NAME ............................
PRISON No. .............
Date dossier and reasons(s) received by prison..................................
Date dossier and reason(s) disclosed to prisoner..................................
I acknowledge receipt of the revocation dossier and reason(s) why the above named prisoner was
recalled to prison.
Signed...................................... Date.........................
Name.......................................
____________________________________________________________________________
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PART II
FOR COMPLETION BY THE PRISONER
1.
I confirm that:
I have been told and have received a copy of the reasons for the revocation of my licence
AND
I have been offered the opportunity to see my recall dossier.
2.
I understand that I have the right to make written representations to the Parole Unit
concerning the revocation of my licence.
3.
Please delete the following as appropriate:
(i)
I wish to make written representations myself.
(ii)
I wish to make written representations via my legal representative and understand that
it is my responsibility to ensure that he/she contacts the Parole Unit Appeals Section.
(iii)
I wish to make written representations via another party and understand that it is my
responsibility to ensure that he/she contacts the Parole Unit Appeals Section.
Please name..................................................................................
(iv)
I do not wish to make written representations. I understand that in the absence of any
such representations the Parole Unit will give no further consideration at this stage to
the question of my re-curfew on HDC licence.
SIGNED..........................................
NAME ........................................
PRISON No.....................................
DATE..............................................
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HOME DETENTION CURFEW
( Adult Prisoners serving sentences
of under one year)
LICENCE
Criminal Justice Act 1991
HMP ___________
Tel._____________
Name:
Date of Birth:
Prison No:
CRO No :
PNCID No:
1.
Under the provisions of Section 34A of the Criminal Justice Act 1991 you are being
released on licence and must comply with the conditions of this licence.
2.
You will be subject to a Home Detention Curfew. The objective of the Home
Detention Curfew is to help you manage your return into the community.
3.
Your Home Detention Curfew commences on ................ and expires on ........... .
Your licence will expire on this date, unless it is revoked before that date.
4.
The address to which you are curfewed is :
(insert curfew address)
5.
On the day of your release, you will be curfewed at your curfew address from __;__
until midnight. The contractor will visit you at this address during this time in order to
fit you with the tag. On your last day of curfew the contractor will visit you to remove
the tag and monitoring equipment. This will take place in the last two hours of your
last curfew period between [ insert times].
6.
After your day of release, you are required to remain at your place of curfew during
the following hours :
00:001
07:15
00:001
06:45
00:001
to and 19:15
24:001
to and 18:45
24:00 1
to and 19:00
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1
to
1
to
1
to
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07:00
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24:00 1
daily2/ on the following days
(identify days) 2
[Insert any variations at this point]
7.
Your compliance with the conditions of the Home Detention Curfew will be monitored
by (name of monitoring company). You must provide the contractor with access to
the curfew address to install and check the monitoring equipment and electronic tag.
Such visits will be made during your curfew hours but not between midnight and
6.00am. However, the contractor may visit the curfew address between midnight and
6:00am in order to investigate a reported violation.
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8.
The monitoring equipment will operate via a telephone line. You will be responsible
for meeting the cost of the electricity used by the monitoring equipment in your curfew
address. It is your responsibility to ensure that there is an electricity supply available
during your time on curfew. You must agree to the installation of a new telephone
line at your curfew address for use by the contractor if there is not already a suitable
line. The contractor will notify you of a time and a date and you must be present, and
provide access to, the curfew address at the notified time to allow installation to take
place. The installation will normally take place during standard working hours.
9.
While on Home Detention Curfew you may be liable to recall to prison if you breach
the condition of this licence relating to the curfew. You will be in breach of this
condition if:
(i)
you are absent from your curfew address during the specified curfew hours;
(ii)
you commit violence against or threaten the contractor or any of his staff with
violence;
(iii)
you damage or tamper with the monitoring equipment;
(iv)
you withdraw your consent to the monitoring arrangements.
10.
In addition, you may be recalled to prison if:
(i)
(ii)
(iii)
your whereabouts can no longer be electronically monitored at the specified
address;
it is necessary to recall you to prison in order to protect the public from
serious harm.
you commit a criminal offence or engage in conduct that suggests you have
committed an offence while on licence (see paragraph 14 below).
11.
The contractor may authorise your absence from your place of curfew in clearly
defined circumstances, which you will be informed about by the contractor in writing.
You must contact the contractor in advance of any such absence to seek
authorisation where this is possible. If it is not possible to contact the contractor in
advance, you must contact them as soon as possible thereafter. Absence for any
other reason other than these clearly defined circumstances will constitute a breach
of your curfew condition.
12.
If you need to seek a permanent change to your curfew conditions (for instance
because of the requirements of a new job), you must contact the Prison Service
establishment from which you were released. A contact number is attached at the
bottom of this licence.
13.
It is a condition of your release on licence that you do not commit an offence or
engage in conduct that suggests you have committed an offence whilst on
licence.
14.
The penalties for breaching this condition are explained below:
(i)
if the offence for which you are serving this sentence was committed before 1
January 1999, you will be liable to a fine up to level 3 on the standard scale
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(ii)
15.
Vocab
No GO006
and/or to be sent back to prison for a period not exceeding six months, or the
date on which your licence expires if that is sooner.
if the offence for which you are serving this sentence was committed on or
after 1 January 1999, you will be liable to have your licence revoked and be
recalled to custody until the date on which your licence would otherwise have
expired.
Your sentence expires on ................. In accordance with the provisions of Section 40
of the Criminal Justice Act 1991, you are liable to be returned to custody if you are
convicted of a further imprisonable offence committed before your sentence has fully
expired. The court dealing with the new offence may add all or part of the
outstanding period of the original sentence onto any new sentence it may impose.
Contact Points
Monitoring Contractor:
Tel:
HMP _________
Tel:
Signed:
Date:
for the Secretary of State for the Home Department
This licence has been given to me and its requirements have been explained. I accept the
conditions imposed.
Signed:
Date:
1
2
Amend/Delete as required
Delete as required
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HOME DETENTION CURFEW
(Adult Prisoners serving sentences
of one year or over and all Young Offenders)
LICENCE
Criminal Justice Act 1991
HMP/YOI: ___________
Tel:_________________
Name :
Date of Birth:
Prison No :
CRO No :
PNCID No:
1.
Under the provisions of Section 34A of the Criminal Justice Act 1991 you are being
released on licence and must comply with the conditions of this licence.
2.
You will be subject to a Home Detention Curfew. The objective of the Home
Detention Curfew is to help you manage your return into the community. You will also
be under the supervision of a probation officer. The objectives of this supervision are
to (a) protect the public, (b) prevent re-offending and (c) achieve your successful reintegration into the community.
3.
Your Home Detention Curfew commences on ................ and expires on .............
4.
Your supervision commences on .............. and expires on ...................... unless this
licence is previously revoked. Your licence will expire on this date, unless it is revoked
before that date.
5.
On release you must report without delay to :
(name, address and tel. no. of probation officer here)
Home Detention Curfew
6.
The address to which you are curfewed is :
(insert curfew address)
7.
On the day of your release, you will be curfewed at your curfew address from __;__
until midnight. The contractor will visit you at this address during this time in order to
fit you with the tag. On your last day of curfew the contractor will visit you to remove
the tag and monitoring equipment. This will take place in the last two hours of your
last curfew period between [ insert times
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8.
Vocab No. GO006
After your day of release, you are required to remain at your place of curfew during
the following hours :
00:00 to 07:15 and 19:15
1
24:001
00:001
to and 18:45
06:45 1
24:00 1
00:001
to and 19:00
07:00 1
24:00 1
1
to
1
to
1
to
daily2/ on the following days
(identify days) 2
[Insert any variations at this point]
9.
Your compliance with the conditions of the Home Detention Curfew will be monitored
by (name of monitoring company). You must provide the contractor with access to
the curfew address to install and check the monitoring equipment and electronic tag.
Such visits will be made during your curfew hours but not between midnight and
6.00am. However, the contractor may visit the curfew address between midnight and
6:00am in order to investigate a reported violation.
10.
The monitoring equipment will operate via a telephone line. You will be responsible
for meeting the cost of the electricity used by the monitoring equipment in your curfew
address. It is your responsibility to ensure that there is an electricity supply available
during your time on curfew. You must agree to the installation of a new telephone
line at your curfew address for use by the contractor if there is not already a suitable
line. The contractor will notify you of a time and a date and you must be present, and
provide access to, the curfew address at the notified time to allow installation to take
place. The installation will normally take place during standard working hours
11.
While on Home Detention Curfew you may be liable to recall to prison if you breach
the condition of this licence relating to the curfew. You will be in breach of this
condition if:
(i)
you are absent from your curfew address during the specified curfew hours
(ii)
you commit violence against or threaten the contractor or any of his staff with
violence;
(iii)
you damage or tamper with the monitoring equipment;
(iv)
you withdraw your consent to the monitoring arrangements.
12.
In addition, you may be recalled to prison if:
(i)
(ii)
(iii)
your whereabouts can no longer be electronically monitored at the specified address;
it is necessary to recall you to prison in order to protect the public from serious harm;
you commit an offence or breach any other requirement of your probation supervision
(see paragraph 18 below).
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Vocab No. GO006
13.
The contractor may authorise your absence from your place of curfew in clearly
defined circumstances, which you will be informed about by the contractor in writing.
You must contact the contractor in advance of any such absence to seek
authorisation where this is possible. If it is not possible to contact the contractor in
advance, you must contact them as soon as possible thereafter. Absence for any
reason other than these clearly defined circumstances will constitute a breach of your
curfew condition.
14.
If you need to seek a permanent change to your curfew conditions (for instance
because of the requirements of a new job), you must contact the Prison Service
establishment from which you were released. A contact number is attached at the
bottom of this licence.
Probation Supervision
15.
You must place yourself under the supervision of whichever probation officer or social
worker is nominated for this purpose from time to time.
16.
While under supervision you must :
(i)
(ii)
(iii)
(iv)
(v)
vi
keep in touch with your supervising officer in accordance with any
reasonable instructions that you may from time to time be given;
if required, receive visits from your supervising officer at your home at
reasonable hours and for reasonable periods;
live where reasonably approved by your supervising officer and notify him or
her in advance of any proposed change of address (please note that whilst
you are still subject to the Home Detention Curfew, the governor of the prison
from which you were released will be responsible for authorising any change
of address);
undertake only such employment as your supervising officer reasonably
approves and notify him or her in advance of any proposed change in
employment or occupation;
not travel outside the United Kingdom without obtaining the prior permission of
your supervising officer (which will be given in exceptional circumstances
only);
be of good behaviour, not commit any offence and not take any action which
would jeopardise the objectives of your supervision, namely to protect the
public, prevent you from reoffending and secure your successful reintegration
into the community.
17.
The Secretary of State may vary or cancel any of the conditions, in accordance with
section 37(4) of the Criminal Justice Act 1991.
18.
The penalties for failing to comply with any requirement of your probation supervision
(set out in paragraphs 5, 15 and 16) are explained below:
(I)
if the offence for which you are serving this sentence was committed before 1
January 1999, you will be liable to a fine up to level 3 on the standard scale
and/or to be sent back to prison for a period not exceeding six months, or the
date on which your licence expires if that is sooner.
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(Ii)
Vocab No. GO006
if the offence for which you are serving this sentence was committed on or
after 1 January 1999, and you fail to comply with the conditions of your
probation supervision or otherwise pose a risk to the public, you will be liable
to have your licence revoked and be recalled to custody until the three-quarter
point of your sentence.
If you are sent back to prison and released before the end of the licence
period, you will still be subject to supervision.
19.
Your sentence expires on ................. In accordance with the provisions of Section 40
of the Criminal Justice Act 1991, you are liable to be returned to custody if you are
convicted of a further imprisonable offence committed before your sentence has fully
expired. The court dealing with the new offence may add all or part of the
outstanding period of the original sentence onto any new sentence it may impose.
Contact Points
Monitoring Contractor:
Tel:
HMP __________
Tel:
Signed:
Date:
for the Secretary of State for the Home Department
This licence has been given to me and its requirements have been explained. I accept the
conditions imposed.
Signed:
Date:
1
2
Amend/Delete as required
Delete as required
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Annex D, Page 1
EXTRACTS FROM THE CRIMINAL JUSTICE ACT 1991 AS AMENDED
(Amendments under the Crime and Disorder Act 1998 of relevance to the Home Detention
Curfew scheme highlighted in bold).
Duty to release 33A.
prisoners:
(1) As soon as a prisoner special cases.
(a) whose sentence is for a term of less than twelve months;
and
(b) who has been released on licence under section 34A(3)
or 36(1) below and recalled to prison under section
38A(1) or 39(1) or (2) below,
would (but for his release) have served one-half of his sentence, it shall
be the duty of the Secretary of State to release him unconditionally.
(2) As soon as a prisoner (a) whose sentence is for a term of twelve months or more;
and
(b) who has been released on licence under section 34A(3)
below and recalled to prison under section 38A(1) below,
would (but for his release) have served one-half of his sentence, it shall
be the duty of the Secretary of State to release him on licence.
...
Power to release 34A.
short-term prisoners (1) Subject to subsection (2) below, subsection (3) below applies where
on licence
a short term prisoner aged 18 or over is serving a sentence of
imprisonment for a term of three months or more.
(2) Subsection (3) below does not apply where (a) the sentence is an extended sentence within the meaning
of section 55 of the Crime and Disorder Act 1998;
(b) the sentence is for an offence
Prisoners (Return to Custody) Act 1995;
under
section 1 of
the
(c) the sentence was imposed under paragraph 3(1)(d) or 4(1)(d)
of Schedule 2 to this Act in a case where the prisoner had failed to
comply with a requirement of a curfew order;
(d) the
prisoner is
subject to a hospital order, hospital
direction or transfer direction under section 37, 45A or
47 of
the Mental Health Act 1983;
(e) the prisoner is liable to removal from the United Kingdom
for the purposes of section 46 below;
(f) the prisoner has been released on licence under this section
at any time and has been recalled to prison
under section
38A(1)(a) below;
Issued 14/01/2000
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Annex D, Page 2
(g) the prisoner has been released on licence under this
section or section 36 below during the currency
of
the
sentence, and has been recalled to prison under
section 39(1)
or (2) below;
(h) the prisoner has been returned to prison under section 40 below
at any time; or
(j) the interval between (i) the date on which the prisoner will have served
the
requisite period for the term of the sentence; and
(ii) the date on which he will have served one-half
of the
sentence, is less than 14 days.
(3) After the prisoner has served the requisite period of the
term of his sentence, the Secretary of State may, subject to section
37A below, release him on licence.
(4) In this section “the requisite period” means (a) for a term of three months or more but less than four
months, a period of 30 days;
(b) for a term of four months or more but less than eight
months, a period equal to one-quarter of the term;
(c) for a term of eight months or more, a period that is 60 days
less than one-half of the term.
(5) The Secretary of State may by order made by statutory
instrument(a) repeal the words “aged 18 or over” in subsection (1) above;
(b) amend the definition of “the requisite period” in subsection (4)
above;
(c) make such
transitional provision as appears to him
necessary or expedient in connection with the repeal or amendment.
(6) No order shall be made under subsection (5) above unless a draft of
the order has been laid before and approved by a resolution of each
House of Parliament.
Duration
condition
licences.
and 37.
of (1) Subject to subsections (1A), (1B) and (2) below, where a short-term or
long-term prisoner is released on licence, the licence shall, subject to ... any
revocation under section 39(1) or (2) below, remain in force until the date on
which he would (but for his release) have served three-quarters of his
sentence.
1(A)...
1(B) Where a prisoner whose sentence is for a term of twelve months or
more is released on licence under section 33A(2) or 34A(3) above,
subsection (1) above shall have effect as if for the reference to threequarters of his sentence there were substituted a reference to the
difference between(a) that proportion of his sentence; and
(b) the duration of the curfew condition to which he is or was subject.
(2)
Issued 14/01/2000
Where a prisoner whose sentence is for a term of less than twelve
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex D, Page 3
months is released on licence under section 34A(3) or 36(1) above,
subsection (1) above shall have effect as if for the reference to three-quarters
of his sentence there were substituted a reference to one-half of that
sentence.
(4) A person subject to a licence under this Part shall comply with such
conditions ... as may for the time being be specified in the licence; and the
Secretary of State may make rules for regulating the supervision of any
description of such persons.
(4A) The conditions so specified may in the case of a person released
on licence under section 34A above whose sentence is for a term of less
than twelve months, and shall in any other case, include on the person’s
release conditions as to his supervision by(a) a probation officer appointed for or assigned to the petty
sessions area within which the person resides for the time being; or
(b) where the person is under the age of 18 years, a member of a
youth offending team established by the local authority within
whose area the person resides for the
time being.
(5) ...
Curfew conditions to 37A.be
included
in (1) A person shall not be released under section 34A(3) above unless
licences
under the licence includes a condition (“the curfew condition”) whichsection 34A
(a) requires the released person to remain, for periods for the time
being specified in the condition, at a place for the time being so
specified (which may be an approved
probation hostel); and
(b) includes
requirements
for
securing the
electronic
monitoring of his whereabouts during the periods for the time being so
specified.
2) The curfew condition may specify different places or different
periods for different days, but shall not specify periods which amount to
less than 9 hours in any one day (excluding for this purpose the first
and last days of the period for which the condition is in force).
(3) The curfew condition shall remain in force until the date when the
released person would (but for his release) have served one-half of his
sentence.
(4) The curfew condition shall include provision for making a person
responsible for monitoring the released person’s whereabouts during
the periods for the time being specified in the condition; and a person
who is made so responsible shall be of a description specified in an
order made by the Secretary of State.
(5) The power conferred by subsection (4) above(a) shall be exercisable by statutory instrument; and
(b) shall include power to make different provision
different cases or classes of case or for different areas.
for
(6) Nothing in this section shall be taken to require the Secretary of
State to ensure that arrangements are made for the electronic
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex D, Page 4
monitoring of released persons’ whereabouts in any particular part of
England and Wales.
(7) In this section “approved probation hostel” has the same meaning
as in the Probation Service Act 1993.
Breach of
condition.
curfew 38A.(1) If it appears to the Secretary of State, as regards a person released
on licence under section 34A(3) above(a) that he has failed to comply with the curfew condition;
(b) that his whereabouts can no longer be electronically monitored
at the place for the time being specified in that condition; or
(c) that it is necessary to do so in order to protect the public from
serious harm from him,the Secretary of State may, if the curfew
condition is still in force, revoke the licence and recall the person to
prison.
(2) A person whose licence under section 34A(3) above is
revoked under this section(a)
may make representations in writing with respect to the
revocation;
(b) on his return to prison, shall be informed of the reasons for the
revocation and of his right to make representations.
(3) The Secretary of State, after considering any representations made
under subsection (2)(b) above or any other matters, may cancel a
revocation under this section.
(4) Where the revocation of a person’s licence is cancelled under
subsection (3) above, the person shall be treated for the purposes of
sections 34A(2)(f) and 37(1B) above as if he had not been recalled to
prison under this section.
(5) On the revocation under this section of a person’s licence under
section 34A(3) above, he shall be liable to be detained in pursuance of
his sentence and, if at large, shall be deemed to be unlawfully at large.
`(6) In this section “the curfew condition” has the same meaning as in
section 37A above.
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex F, Page 1
ROLES OF THE OTHER AGENCIES
1.
THE PROBATION SERVICE
1.1
The role of the Probation Service in HDC is in the following areas:
Risk assessment
1.2.
The probation service is responsible for commenting on the suitability of the proposed
curfew address and providing any comments on the prisoner’s general suitability for
Home Detention Curfew. The probation service that covers the area in which the
proposed curfew address falls will be sent form PD1 (for ACR prisoners) or HDC3 (for
AUR prisoners) requesting their views and have a target of 10 working days to return
this to the prison.
1.3.
In addition, the probation service will, wherever possible, supply an assessment of
the prisoner’s suitability for HDC at the post-sentence stage, based on information
gathered for pre-sentence reports or Specific Sentence Enquiries, where appropriate.
Temporary accommodation
1.4.
Some prisoners may seek assistance from probation services in helping them to find
temporary accommodation.
Post-release supervision
1.5.
The probation service will have no new supervision responsibilities as a result of
HDC. They will have no new supervisory role in respect of AUR prisoners and
existing supervision arrangements will apply in respect of ACR prisoners.
1.6.
The probation service will be informed by the prison of all prisoners on HDC in their
area, their hours of curfew and any variation to them.
Variation of licence conditions
1.7.
Where a prisoner wishes to change his or her curfew address the probation service
will be responsible for commenting on the suitability of any proposed change of
curfew address and must do so as soon as possible.
1.8.
If the probation service is supervising the offender, it may also be asked for views on
any proposed variation is in the curfew hours.
1.9.
Where a new licence is issued it will be faxed to the Probation Service HDC contact
point.
Breach of licence
1.10. Breaches of HDC will be reported by the contractors to the Parole Unit. In the case of
ACR prisoners, the Parole Unit will usually contact the supervising probation service
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex F, Page 2
before making a decision, for information about the offender’s compliance with other
licence conditions and general behaviour.
1.11. The Parole Unit also have the power to recall an offender to protect the public from
serious harm. Probation staff who believe that recall for these reasons is necessary
must contact the Parole Unit immediately.
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex F, Page 3
2.
THE CONTRACTORS
2.1
The role of the contractors in HDC is in the following areas.
Fitting of tag & installation of equipment
2.2
The contractors will be responsible for fitting the Personal Identification Device (PID)
to the offender and installing the Monitoring Unit. This will take place at the curfew
address on the day of release, after the commencement of the first curfew period.
The contractors will have been given advance notice of the release and had the
licence faxed to them on the day of release.
Monitoring of curfew
2.3
The contractors will be responsible for monitoring the prisoner’s compliance with the
curfew hours.
Breaches of curfew
2.4
The contractors will report serious or persistent breaches of curfew conditions
(including damage to and tampering with the equipment) to the Parole Unit and
provide them with any further information as necessary.
2.5
The contractors will also report failures to install the monitoring equipment and where
the curfew can no longer be electronically monitored.
Variation of licence conditions
2.6
The contractors will supply such details of the prisoner’s record of curfew compliance
as necessary to either the establishment or Parole Unit as appropriate.
2.7
Where a new licence is issued it will be faxed to the contractor and the contractor will
be responsible for obtaining the signature of the prisoner on the new licence
3.
THE POLICE
3.1
The role of the police in HDC is in the following areas.
Risk assessment
3.2
Where, in the case of offenders required to register under part I of the Sex Offenders
Act 1997, it is decided that there are exceptional circumstances which warrant risk
assessing the prisoner then the views of the police must be sought.
Arrest following recall
3.3
Where a notice of recall has been issued by the Parole Unit, the police have
responsibility for the arrest of the prisoner.
4.
NATIONAL IDENTIFICATION SERVICE (NIS)
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex F, Page 4
4.1
The NIS will be sent details of all releases on HDC and will enter these details onto
the Police National Computer.
5.
AUTHORISED ABSENCES
5.1
Contractors may authorise one off absences during a curfew period. This annex sets
out the circumstances in which this may be done.
5.2
If the absence does come within the circumstances below the contractor should
advise the curfewee in writing that an absence within the timescales set out would not
be pursued as a violation. The curfewee must provide the contractor with sufficient
written proof of the reason for the authorised absence, either 24 hours before the
absence or within 48 hours of the absence for emergency absences.
5.3
Absences authorised under this section can only be one-off occurrences or more
regular absences that occur less frequently than once a week. If an absence is a
regular and unavoidable weekly occurrence, the curfewee will need to apply to the
establishment from which he or she was released for an appropriate variation to the
curfew licence.
5.4
Types of absences which should not normally be regarded by the contractor as
violations
(i)
Emergency absences
a)
b)
(i)
Work
a)
b)
(iii)
Emergency absences are those for which prior notice is not possible
and include circumstances in which emergency medical treatment for
the curfewee or his/her immediate dependants is required and
emergencies involving the curfewee’s dependant.
Duration - There is no maximum duration; however, in general, most
absences of this type must not exceed 8 hours in any one day.
For any regular work that will always coincide with part or all of the
curfew period, the curfewee will be required to apply to the prison
governor for a variation of curfew hours. For shift work, the curfewee
should also contact the prison governor request amendments to the
curfew period, where the shift times are predictable and known in
advance.
There may be some circumstances where curfewees are required to
work at short notice and where there would not be enough time to
contact the prison governor. In such circumstances, the contractor must
authorise an allowable absence if they are satisfied that the work forms
part of a permanent job, is not just a “one-off” piece of work, and that
they receive written verification from the employer that the work was
required and took place.
Police custody
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
a)
(iv)
Annex F, Page 5
Contractors must not treat any absences caused by the curfewee being
detained in police custody as a violation.
Other absences
a)
Violation arrangements must not normally be instituted for “one-off”
absences which unavoidably fall within the curfewee’s curfew hours for
any of the following reasons, where this has been notified to the
contractor in advance:





v.
attending a marriage or funeral of a close relative, meaning a
spouse (including a partner with whom the curfewee is living as
a spouse) parent or child (including in loco parent’s
relationships), sibling (including half and step) or fiancee);
irregular or unexpected personal medical appointments
irregular or unexpected medical appointments for the curfewee’s
child
attendance at job interviews, job club, or employment benefit
office or elsewhere to “sign on” in connection with any claims for
financial assistance;
attendance as a witness in court or as required by the court.
b)
Duration - In most circumstances, the absence must be limited to the
length of the event, plus a maximum of 1.5 hours travelling each way.
The contractor must approve the minimum required time and
investigate each absence in this category, which must not normally
exceed 8 hours and may never exceed 24 hours.
c)
Notification - All notifications of the above absences must be made to
the contractor by the curfewee, normally by telephone, at least 24 hours
before the absence is due to occur. The curfewee will be required to
provide sufficient details
Any curfewee who wishes to be absent during curfew hours for a reason which
is not covered in this section must be advised to make an application to the
prison governor for a temporary or permanent variation to the curfew.
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Annex G , Page 1
ELECTRONIC MONITORING REGIONS
Region
Contractor/contact Probation Areas
Police Forces
London
and
Eastern
Premier Monitoring
Services
Bedfordshire,
Cambridgeshire,
Essex,
Hertfordshire,
Inner London,
Middlesex,
Norfolk, North
East London,
South East
London, South
West London,
Suffolk
Bedfordshire, Cambridgeshire, City of
London, Essex, Hertfordshire,
Metropolitan, Norfolk, Suffolk
Derbyshire, Dyfed,
Gwent, Hereford
and
Worcestershire,
Leicestershire,
Lincolnshire,
Northamptonshire,
North Wales,
Nottinghamshire,
Powys,
Shropshire,
Staffordshire,
Warwickshire,
West Glamorgan,
Mid Glamorgan,
South Glamorgan,
West Midlands
Cheshire,
Cumbria, Durham,
Greater
Manchester,
Humberside,
Lancashire,
Merseyside,
Northumbria,
North Yorks.,
South Yorks.,
Derbyshire, Dyfed-Powys, Gwent,
Leicestershire, Lincolnshire,
Northamptonshire, North Wales,
Nottinghamshire, South Wales,
Staffordshire, Warwickshire, West
Mercia, West Midlands
08080 965824
Midlands
and
Wales
Premier Monitoring
Services
08080 152369
Northern
Securicor Custodial
Services
0800 454427
Issued 14/01/2000
Cheshire, Cleveland, Cumbria,
Durham, Greater Manchester,
Humberside, Lancashire,
Merseyside, Northumbria, North
Yorks., South Yorks., West Yorks.
This amended version issued 19/08/2013
Order Ref. No. 6700
Southern GSSC of Europe
Ltd
0800 9171690
Annex G , Page 2
Teeside, West
Yorks.
Avon, Berkshire,
Cornwall, Devon,
Dorset,
Gloucestershire,
Hampshire, Kent,
Oxfordshire &
Buckinghamshire,
Somerset, Surrey,
Sussex East,
Sussex West,
Wiltshire
Avon & Somerset, Devon & Cornwall,
Dorset, Gloucestershire, Hampshire,
Kent, Surrey, Sussex, Thames
Valley, Wiltshire
Note: The London and Eastern region will also include a small part of the South East
Government region and Surrey Probation Service, which is currently policed by the
Metropolitan Police
.
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
Chapter 9, Page 1
ALLOCATION OF STANDARD LICENCE HOURS BY ESTABLISHMENT
6:45-6:45
7:00-7:00
7:15-7:15
Acklington
Albany
Aldington
Altcourse
Ashwell
Askham Grange
Aylesbury
Bedford
Belmarsh
Birmingham
Blakenhurst
Blantyre House
Blundeston
Brinsford
Bristol
Brixton
Brockhill
Buckley Hall
Bullingdon
Bullwood Hall
Camp Hill
Canterbury
Cardiff
Castington
Channings Wood
Chelmsford
Colchester
Coldingley
Cookham Wood
Dartmoor
Deerbolt
Doncaster
Dorchester
Dover
Downview
Drake Hall
Durham
Earlstoke
East Sutton Park
Eastwood Park
Elmley
Everthorpe
Exeter
Featherstone
Feltham
Ford
Foston Hall
Frankland
Full Sutton
Garth
Gartree
Glen Parva
Gloucester
Grendon
Guys Marsh
Haslar
Hatfield
Haverigg
Hewell Grange
Highdown
Highpoint
Hindley
Hollesley Bay
Holloway
Holme House
Hull
Huntercombe
Kingston
Kirkham
Kirklevington
Lancaster
Lancaster Farms
Latchmere House
Leeds
Leicester
Lewes
Leyhill
Lincoln
Lindholme
Littlehey
Liverpool
Long Lartin
Low Newton
Lowdham Grange
Maidstone
Manchester
Moorland
Morton Hall
Mount (the)
New Hall
North Sea Camp
Northallerton
Norwich
Nottingham
Onley
Parc
Parkhurst
Pentonville
Portland
Preston
Pucklechurch
Ranby
Reading
Risley
Rochester
Send
Shepton Mallet
Shrewsbury
Stafford
Stanford Hill
Stocken
Stoke Heath
Styal
Sudbury
Swaleside
Swansea
Swinfen Hall
The Verne
The Wolds
Thorn Cross
Usk
Wakefield
Wandsworth
Wayland
Wealstun
Weare
Wellingborough
Werrington
Wetherby
Whatton
Whitemoor
Winchester
Woodhill
Wormwood Scrubs
Wymott
Issued 14/01/2000
This amended version issued 19/08/2013
Order Ref. No. 6700
ANNEX I
Page 1
ANNEX I
(Annex I replaced 08/07/2013 to comply with PSI 25/2013 – PI 10/2013)
BASS (Accommodation and Support Service for Bail and HDC)
1. Accommodation and support services have been available since 18 June 2010 through
a national contract with Stonham. The service is called the Bail Accommodation and
Support Service (BASS) but the accommodation and support is available for Home
Detention Curfew as well as for bail, and for offenders on intensive community orders.
2. This Annex sets out how the scheme works and what is available for HDC and the
variations from the normal HDC process. The forms to be used for making requests
and orders to Stonham, the procedures and the contact details are issued by Stonham
to prisons, probation and courts. This guidance is also available on the Probation
(EPIC) and NOMS intranet sites.
Process
3. Form HDC 2 is issued to the prisoner in line with the normal timetable as set out in
paragraph 5.8.1 of PSO 6700. If the prisoner cannot provide an accommodation
address, and the prisoner otherwise meets the basic eligibility criteria, the prisoner
must be offered the possibility of accommodation through the contract with Stonham.
4. The prisoner may reject this offer but can be reconsidered for HDC and for BASS at a
later date if he/she wishes.
5. If the prisoner accepts the offer, a member of prison staff must interview the prisoner to
determine the potential needs of the prisoner including: whether there are any
dependants, the area the prisoner wishes to be curfewed to; or, in the case of
prisoners sentenced to 12 months or more, the prisoner’s chosen locality in the
probation area responsible for his/her resettlement.
6. A modified version of form HDC3 (HDC (3B) attached below at Appendix A) must be
sent to the home probation area to provide an ‘in principle’ report on the assumption
that suitable accommodation will be found. The form asks the probation service to
comment on the suitability of the proposed area the prisoner wishes to be released to,
any victim issues and the general suitability for the prisoner to be released on HDC.
7. Probation should return the completed HDC (3b) as soon as possible; and within the
National Standard target of 10 days.
8. On receipt of the completed form if probation do not support the release the prisoner
must still be referred for consideration under the enhanced risk assessment process. If
probation support the proposed release, account must be taken of any requests for
additional licence conditions (in the case of prisoners subject to supervision on
release), and areas to avoid taking victim issues into account. The prisoner must then
be assessed under the standard/enhanced procedure and HDC either refused or
granted, subject to a suitable address being provided.
9. The prison must then complete the Stonham Referral form and send this to Stonham
Referral Point providing the prisoner’s details, whether accommodation is required or
support only, the area of preference for the prisoner to be released to, if there are
dependants who also need to be considered and the date for when the
accommodation is required, including the end date of HDC. The Referral form must be
sent no earlier than one month prior to the expected HDC release date and no later
than 14 days before the expected HDC release date.
Updated 08/07/2013
This amended version issued 19/08/2013
Order Ref. No. 6700
ANNEX I
Page 2
10. Stonham will reply offering an address/support package for the prison to consider. If
the Governor decides the package is unsuitable a further request can be placed with
Stonham. However, if the Governor considers the package to be suitable and the
prisoner also agrees the terms of the compact the prison must contact Stonham’s
Referral Point confirming the package is suitable. This must be done no later than 7
calendar days before the date of release.
11. All those provided with accommodation by BASS on HDC will receive one support
session a week (even if they have an Offender Manager). In addition, a ‘support
only’ service is available for those who can provide their own suitable accommodation.
12. In considering the release of a prisoner to BASS with accommodation or on a ‘support
only’ basis Governors should be aware that if the prisoner fails to engage with the
BASS support staff, that failure alone will not lead to recall. Withdrawal of the
accommodation is likely to lead to recall, unless another suitable address is
immediately available. However failure to engage with the support service will not of
itself automatically lead to withdrawal of BASS accommodation by the contractor. If
the support and accommodation is to be used to best effect, it will be important
therefore to assess the likelihood of the prisoner engaging with BASS support when
making a referral.
13. Failure to engage will be reported to the PPCS for all cases. Where there is an OM
any failure to engage with the BASS support will also be reported to the OM who will
consider that with other information on the prisoner's behaviour. But failure to engage
with the support service will not of itself be a breach of the licence conditions leading to
recall and will not of itself justify withdrawal of BASS accommodation.
14. The HDC7 must be faxed as normal to the EM supplier, home probation, NIS and local
police up to 14 days in advance of the release and never without at least 24 hours
notice.
15. On the day of release on HDC a copy of the signed licence must be faxed to all the
above parties and to Stonham before 12 noon. All copies of the licence must be clearly
annotated to show that the accommodation address is supplied by Stonham. This will
provide NOMS' Public Protection Casework Section with the information required to
notify Stonham of minor breach/es of curfew and of the termination of the service
requirement if necessary in due course.
16. Unless specified otherwise on the licence the prisoner must be at the accommodation
by 3 p.m. on the day of release. The Stonham support worker will be there to meet the
prisoner from 2.45 p.m. to 3.30 p.m. However, if Stonham has been informed by the
prison or the prisoner that they have been unavoidably delayed, the support worker
shall be available until 7pm to meet the prisoner from 15 minutes before to 30 minutes
after the revised arrival time. The support officer will be available to provide induction
until 8 p.m.
Action following release and if licence is revoked
17. If upon induction it becomes clear the accommodation is not suitable, Stonham will
ask the prison for approval before moving the prisoner to a new address. They will also
advise the EM supplier if it is necessary to change the address. The Governor may
approve the new address if the Governor is satisfied that there is no information held
that would indicate the proposed address is unsuitable. The licence must be amended
and faxed to all relevant recipients without delay.
18. Where a prisoner fails to arrive at the accommodation by 3.30 p.m. and no reason has
been provided, Stonham will contact the EM supplier and the offender manager (if
Updated 08/07/2013
This amended version issued 19/08/2013
Order Ref. No. 6700
ANNEX I
Page 3
there is one), to report the failure to arrive. The Public Protection Casework Section in
NOMS HQ will decide whether to instigate recall proceedings. If a decision is taken to
recall the prisoner the Public Protection Casework Section will inform Stonham.
19. If the service user fails to attend support sessions or fails to engage with the support
officer warnings will be given and Stonham will inform PPCS and the offender manager
if there is one. Support sessions for HDC are not enforceable and, in the absence of
other grounds for recall, failure to attend will not result in recall.
20. Where Stonham wishes to terminate the accommodation service to an individual they
will notify the Public Protection Casework Section and the offender manager if there is
one. Loss of suitable accommodation will lead to recall from HDC unless alternative,
suitable accommodation is found immediately. Stonham may terminate the service if
the service user breaks the terms of the agreement, fails to sign the Accommodation
agreement or indulges in unacceptable behaviour towards other occupants of the
premises or neighbours or the support worker. However, Stonham will continue to
provide accommodation pending a response from the Public Protection Casework
Section.
21. If the service user absconds, or following a decision by PPCS to recall, Stonham will
advise the EM supplier. The police will be informed if the situation requires a police
presence or an offence is to be reported by Stonham.
22. If a variation is made to the HDC licence and it impacts on the service provision, the
prison must fax a Service Variation to Stonham.
23. In the event that the prisoner is placed in custody following a breach, is sentenced,
remanded in custody, absconds or abandons the accommodation Stonham shall:
a)
Ensure that the prisoner’s identification, documents and small valuables are
sent to the prison, or to the offender manager if there is one.
b)
Keep the prisoner’s property (other than the above) at the premises for a
maximum
of 7 days.
c)
Within the 7 days, not unreasonably prevent or restrict the collection of the
prisoner’s property by their friends or family as nominated when the prisoner
initially moved in.
After the 7 days dispose of any of the prisoner’s property that has not been
collected in accordance with the terms set out in the Accommodation
Agreement.
d)
24. The prisoner will be allowed to remain at the accommodation for up to 7 days following
completion of the HDC period unless otherwise recalled or the service is terminated.
25. Should a prisoner lose their address (non BASS) whilst already released on HDC
application can be made to Stonham for BASS accommodation. Such a referral will be
responded to within two hours.
The services provided by Stonham
26. A description of the service is at Annex A to PSI xx /2011 / PI xx/2011.
Updated 08/07/2013
This amended version issued 19/08/2013
Order Ref. No. 6700
ANNEX I
Page 4
27. BASS does not accept sex offenders. Those on police bail for, cautioned for, convicted
of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003
are excluded from BASS.
28. An offender or defendant is a sex offender for the purposes of BASS if he/she
has previously been cautioned for or convicted of, or is currently on police bail for,
or charged with, a sexual offence mentioned in Schedule 3 (as amended) to the Act, or
equivalent offences in other jurisdictions. Defendants and offenders will be
ineligible whether or not the notification (sex offenders register) requirements of the Act
have been imposed and even where any provisions which must be met for notification
have not been met or the notification requirement has expired.
29. The accommodation provided will be mainly shared accommodation in the community
in small houses or flats – typically with 2-3 sharing. Single accommodation will be
available for a small number of cases. Staff should ensure that prisoners are aware of
the type of accommodation, that it will usually be shared, that they will have to pay the
rent and a contribution to utilities either themselves or through Housing Benefit and
that failure to do so will result in termination of the accommodation agreement and
licence and may lead to a return to custody, and that they will be expected to sign an
accommodation agreement.
30. Stonham will ask that Housing Benefit is paid direct to the landlord, not via the
prisoner. Housing Advice Workers should be consulted about Housing Benefit eligibility
if there is doubt about this.
31. Those provided with accommodation will be given help by the Stonham support worker
to move-in and to maintain occupancy as effective licencees. They will also get help to
find move-on accommodation beyond the end of the HDC period.
32. Defendants on bail, prisoners on HDC and offenders on an intensive community order
may be accommodated in the same house.
33. A prisoner who is a parent may be provided with family accommodation where he or
she can be joined by dependent children. However, in recognition of the need to
protect children, such a request should only be made where a check has been made
and Social Services have confirmed in writing that there is no reason why the named
child or children should not join the parent. Where a parent and child or children are
accommodated there will be no other occupants in a shared house.
34. Partners will not be permitted to stay at accommodation provided by Stonham. With
the exception of parents and dependent children there will be no mixed gender sharing
of houses.
35. Stonham will provide prisons with sample accommodation licences and compacts so
that staff can explain the commitments prisoners will be making. Stonham will also
from time to time advise the whereabouts of accommodation and support available, but
requests should be made for where accommodation or support is wanted (so that
Stonham can, over time, analyse and match their provision to the need).
36. Support will consist of 1 contact session a week. More sessions may however be
provided by Stonham to address need on a case-by-case basis. The support worker
provided by Stonham will help the curfewee to address issues such as self
management, drug, alcohol or substance dependency, and help access housing,
education or employment, by engaging existing specialist public and voluntary services
as appropriate.
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ANNEX I
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37. Stonham are required by the contract to establish good liaison with the police and with
other stakeholders including probation and the electronic monitoring suppliers. They
have clear guidance on when to initiate breach procedures, and set procedures.
Failure to arrive at the accommodation, or absconding, will be reported to the Public
Protection Casework Section. And if the support worker or a landlord is unhappy with a
defendant’s behaviour Stonham will be able to withdraw the accommodation service for
the individual.
Stonham Forms and Information
38. Stonham has regional offices, see Appendix A, who can provide copies of referral
forms and marketing material. Stonham is always happy to attend courts and prisons
to help promote and explain the service. BASS details are also available via the
Probation (EPIC) and NOMS intranets.
June 2013
Updated 08/07/2013
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Order Ref. No. 6700
ANNEX I
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Appendix A
FORM HDC (3b) (PSO 6700)
This document may be disclosed to the prisoner. Please refer to guidance in the
relevant Probation Instruction 09/2010.
REQUEST FOR INFORMATION ON PROPOSED HOME DETENTION CURFEW (for
prisoners whose accommodation will be provided through the Stonham Bail
Accommodation and Support Service)
To:
From:
Address:
HM Prison:
Date for reply:
Date:
OFFENDER’S DETAILS
Re Surname
Forename(s)
DoB
Prison Number
Dates of Sentence
Court
Sentence
Offences
HDC Eligibility Date
The above named prisoner is being considered for Home Detention Curfew.
If considered suitable for release on HDC the prisoner will be found accommodation by
Stonham.
The proposed area for release for the prisoner is:
Your views are sought on the suitability of the offender for Home Detention Curfew, and on the
suitability of the proposed area for release.
N.B. Prisoners will normally be released on HDC unless there are substantive reasons for
retaining the prisoner in custody until his or her automatic release date. Only where there are
clear and substantive grounds to indicate the prisoner is unlikely successfully to complete the
period on HDC will release normally be refused. Guidance on the role of the Probation
Service in the risk assessment process for Home Detention Curfew is given in Probation
Circular 44/98 and Probation Instruction xx/xxxx.
Factors on which you may wish to comment include:
(i)
(ii)
(iii)
domestic circumstances;
the position of known victims;
evidence concerning the prisoner’s suitability for Home Detention Curfew including:
d)
potential risk to the victim(s) or to members of the public;
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Page 2
e)
f)
risk of re-offending during the Home Detention Curfew period; or
probability of complying with the conditions of the curfew.
You should also comment where there are any other factors of relevance to the prisoner’s
suitability for Home Detention Curfew, or the suitability of the proposed release area.
The Prison Service would be particular grateful for any comments you may have in
relation to the items below *
Comments on prisoner’s suitability and/or suitability of proposed release area (Please
continue your comments on a separate sheet if necessary).
Any special curfew hours recommended:-
Signed__________________________Name _________________________
Date ______________
Grade ___________ Tel __________________
*Delete as appropriate
Updated 08/07/2013
This amended version issued 19/08/2013