UNCLASSIFIED GENERIC PAROLE PROCESS FOR DETERMINATE SENTENCE PRISONERS (GPP-D) This instruction applies to :- Reference :- Prison Probation Trusts Issue Date PSI 19/2013 PI 09/2013 Expiry Date (Update) 17 September 2013 Issued on the authority of For action by Effective Date Implementation Date 01 August 2013 08 July 2017 NOMS Agency Board All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate) NOMS HQ All prisons Contracted Prisons* Probation Trusts Governors Contract Managers in Probation Trusts Probation Trust Chief Executives * If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons Instruction type For information Provide a summary of the policy aim and the reason for its development/ revision Contact Associated documents Service Specification Support/ Service Improvement All staff responsible for the management of determinate sentenced prisoners including the new Extended Determinate Sentence, who are eligible to be released on licence by the Parole Board. This instruction sets out a new parole process for those determinate sentence prisoners, including the new Extended Determinate Sentence, who are eligible to be released on licence by the Parole Board. It sets out the roles and responsibilities for prisons and Public Protection Casework Section depending on the specific determinate sentence. ppcs.policy@noms.gsi.gov.uk parolehelpdesk@noms.gsi.gov.uk PSO 9050 Functional Mailboxes PSI 12/2010 Prolific and Other Priority Offenders PSI 61/2010 – PI 20/2010 - Handling of sensitive information provided by Criminal Justice Agencies PSI 71/2011 Parole Hub Pilot PSI 30/2012 – PI16/2012 - The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 – General summary of release and recall provisions PSI 40/2012 - Licence and Licence Conditions PSI 2013/13 - Sentence Calculation – Determinate Sentenced Prisoners PSI 04/2013 - The Early Removal Scheme and Release of Foreign UNCLASSIFIED UNCLASSIFIED National Prisoners. PSI 14/2012 - PI 08/2012 - Implementation of the Service Specification for “Manage the Sentence: Pre and Post Release from Custody” (transitional version) PSI 18/2013 – PI 08/2013 – Determinate sentenced prisoners transferred under the Mental Health Act 1983 Replaces the following documents which are hereby cancelled:- PSO 6000 - Parole Release and Recall Chapter 5; PSI 09/2008 - Offender Management Functional Mailboxes; and PI 02/2012 - Parole Processes. Audit/monitoring:- Governors and Directors of Contracted Prisons must ensure that any staff who input into the Generic Parole Process are familiar with this PSI and the mandatory requirements it contains. The Public Protection Casework Section at NOMS HQ will monitor and report on cases. As an instruction is a mandatory contract variation and in providing contractual services, contract managers must ensure that Probation staff deliver the mandatory instructions in the PI. Updated 29 July 2013: Paragraph 2.9 amended - This update provides clarity to prisons about the timescale of the GPP-D review process. Updated 17 September 2013: Paragraph 2.4; 2.10; & 2.11 amended – This update provides clarity of when the second and subsequent review processes should begin. UNCLASSIFIED UNCLASSIFIED PAGE 3 CONTENTS Applies to Section Subject 1 Executive Summary 2 Introduction 3 Generic Parole Process-D Timetable – an overview 4 Referral and Deferral of cases 5 Transfer of Prisoners during review 6 Mental Health Cases 7 Quality of Parole Reports 8 The Challenge Process for Generic Parole Process performance data 9 Creation and deletion of PPUD accounts Annex A PPUD naming conventions Annex B The Criminal Justice Secure eMail (CJSM) Accounts Annex C Notification of Parole Review Annex D GPP-D Timeline – PPCS, Prisons, Probation and PPUD Annex E SPR D template Annex F SPR E template Annex G SPR F template Annex H SPR G template Annex I SPR H template Annex J SPR J template Annex K SPR L template Annex L PAROM 1 template Annex M PAROM 1+ addendum template Annex N PAROM 1 Evaluation Tool Annex O SPR L Evaluation Tool PSI 19/2013 – PI 09/2013 UNCLASSIFIED NOMS Agency staff (Headquarters), Prison, Probation staff UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 4 1. Executive Summary 1.1. This PSI sets out a new “Generic Parole Process-Determinate (GPP-D)” for those determinate sentence prisoners who are eligible to be released on parole licence by the Parole Board. It replaces PSO 6000 “Parole Release and Recall” Chapter 5 and Chapter 8 and PSI 09/2008 ‘Offender Management Functional Mailboxes’. It mirrors to a large extent the GPP for indeterminate sentence prisoners, but is adjusted to meet the requirements of determinate sentence parole reviews. This new parole process (GPP-D) replaces the existing parole process for Discretionary Conditional Release (DCR) cases and residual Extended Public Protection (EPP) cases subject to parole reviews. GPP-D will be underpinned by the Public Protection Unit Database (PPUD). PPUD will replace IIS, which currently supports the determinate parole process. GPP-D will also be subject to electronic case working (e-working) and as such it will be a paperless process. In future all determinate parole dossiers will be compiled and paginated electronically. The GPP-D will also make use of existing functional mailboxes. 1.2. It also updates processes and expectations with regard to the parole dossier and completion and quality of reports, to bring it in line with changes in offender management practice. 1.3. The GPP-D will also be the parole process for the new Extended Determinate Sentence (EDS) which was introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA12) and applies to offenders convicted on or after 3 December 2012 (who would previously have received either an IPP or EPP sentence). There are two types of release arrangement for EDS prisoners depending on the length of their custodial term and the seriousness of their offending: 1.4. Automatic release at the two-thirds point of the custodial term for cases where the custodial term is less than 10 years, and Discretionary release by the Parole Board between the two-thirds and end point of the custodial term where the custodial term is 10 years or more or in cases where the prisoner has committed one of the most serious offences, listed in Schedule 15B CJA 2003. Prisoners become eligible to be considered for parole from the two-thirds point but are not subject to automatic release until the end of the custodial term. On release, the prisoner will be on licence for the remainder of the custodial term (if any) plus the extension period Therefore this instruction and the GPP-D will only apply to those EDS cases with discretionary release by the Parole Board. Background 1.5. This instruction replaces the existing parole process for determinate sentence prisoners with a new GPP-D. It applies to those determinate sentence prisoners who are eligible to be considered for release on licence by the Parole Board. They include: DCR prisoners (i.e. those serving a sentence of 4 years and over for a sexual or violent offence where the release provisions in Schedule 20B of the Criminal Justice Act 2003 (CJA 2003) apply (formerly the release provisions of the Criminal Justice Act 1991 (CJA 1991) are eligible to be considered for release on licence by the Parole Board at the halfway point of their sentence); EPP prisoners sentenced before 14 July 2008 pursuant to Section 227 or 228 of the CJA 2003 who are eligible to be considered for release on licence by the Parole Board at the halfway point of their custodial term. (Schedule 20B of the CJA 2003 release provisions apply); and PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED 1.6. PAGE 5 EDS prisoners sentenced pursuant to section 226A or 226B of the CJA 2003 who are eligible for release by the Parole Board at two-thirds point of the custodial term (subject to the release provisions in s246A CJA 2003). GPP-D replaces the previous parole process for DCR and EPP prisoners. It closely mirrors the GPP for indeterminate sentence prisoners and will be underpinned by PPUD. It means that for the first time, there will be a single parole timetable for all groups of prisoners eligible for parole, supported by a single IT system and all subject to e-working. Desired outcomes A single parole process for determinate prisoners which is easily understood by those it affects, and which facilitates easy identification of any weaknesses that exist within the parole process so that they can be corrected. A parole process which ensures determinate sentence prisoners’ reviews are conducted speedily and efficiently; eliminates nugatory work; and provides all participants with clear timescales for their part of the process. A parole dossier which provides a coherent assessment of the offender and which is comprised of good quality reports produced by authors with a good understanding of the case. A process that limits the scope for delay and focuses on ensuring that prisoners are not detained any longer than is necessary to protect the public. The introduction of e-working for determinate sentence prisoner parole reviews, which provides a paperless system of working. E-working should increase the efficiency of the process, improving the security of personal data, and facilitating better communications between all the agencies involved in the process. Effective central monitoring of performance of all agencies involved in the parole process. Application 1.7. This instruction provides new guidance on the process to be followed in parole reviews for determinate sentenced prisoners, including the processes to be followed to ensure a timely review, making effective use of e-working, and the requirement to produce a coherent assessment of risk based upon good quality reports. The new GPP-D commences on 1 August 2013, and any determinate parole reviews commencing on or after this date must be conducted in line with the new arrangements set out in this instruction. Once GPP-D has commenced IIS will become obsolete in respect of the parole process. Mandatory Actions 1.8. All staff involved in parole reviews for determinate sentence prisoners must be fully acquainted with this instruction and the mandatory requirements listed. In particular, staff must be aware of: the GPP-D timetable and the deadline for submitting a completed dossier to the Parole Board; mandatory reports to be included in the dossier and the issues to be addressed in each report; how to operate effectively the PPUD in order to complete their mandatory tasks within the GPP-D; PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 6 the arrangements for handling Parole Board directions, including the calling of witnesses; the roles and responsibilities of prison Offender Management Unit (OMU) staff , Public Protection Casework Section (PPCS) and Parole Board case managers; and the requirement on report writers to provide the Parole Board with a coherent assessment of risk based on a range of high quality reports. 1.9. Governing Governors, Directors and Controllers of Contracted out and privately managed prisons must ensure that systems are in place to underpin the GPP-D, particularly in terms of communication with report writers, the Parole Board and the PPCS. 1.10. As an instruction is a mandatory contract variation and in providing contractual services, contract managers must ensure that probation staff deliver the mandatory instructions in the PI. 1.11. Nominated staff must input key points of the GPP-D onto PPUD having first been trained by PPCS or National Operational & Specialist Training on how to use PPUD. Resource Implications 1.12. There are minimal new cost implications arising from this instruction in relation to PPUD to reflect the inclusion of determinate prisoners eligible for parole and in terms of the impact to probation resources required to record the PAROM 1 details to PPUD. PPUD development costs will be minimal and borne by the Offender Management and Public Protection Group (OMPPG). Provided that reports can be given to establishments in electronic form, there should not be any new costs for them, however if they cannot, it may be necessary in some establishments to provide additional scanning facilities. We expect e-casework to deliver savings in terms of staff time (for the collation and pagination of the complete dossier), postage and printing costs. (Signed) Digby Griffith Director of National Operational Services, NOMS PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED 2. PAGE 7 Introduction The Governor/Offender Management Unit staff 2.1. The Governor/Offender Management Unit (OMU) staff are responsible for ensuring that the core and complete dossier is compiled in DCR/EPP cases, and the complete dossier for EDS cases (the core will be complied by PPCS), including all mandatory reports, and is disclosed to the prisoner and the Parole Board. In terms of responsibility for obtaining all the necessary reports lies with the establishment. PPUD must be used to support this process with actions being entered on the system as soon as they have been completed. If the Parole Board directs that a DCR/EPP prisoner be released on parole licence, the Governor/OMU staff are responsible for arranging the release date with the Probation Service and ensuring that the release plan agreed by the Parole Board is still in place so that the parolee can be released safely, and for issuing the licence, ensuring that any additional conditions are included. Governors are ultimately responsible for ensuring that their OMU staff receive sufficient support and guidance to enable them to carry out their duties efficiently and effectively. The Parole Board 2.2. The Parole Board is an Executive Non Departmental Public Body, which means it is independent of the Ministry of Justice and NOMS. It has statutory authority to direct the release on parole licence of certain groups of determinate sentence prisoners who are not eligible for automatic release at the halfway point of their sentence. The Parole Board secretariat is responsible for supporting the work of the Parole Board. The Public Protection Casework Section 2.3. PPCS is part of the OMPPG and has overall responsibility for parole policy and procedures, including offering central support to OMU staff when necessary. It is responsible for overseeing the GPP-D and working with the establishment and probation staff as well as the Parole Board to ensure that cases are considered without delay. PPCS will log all EDS cases on to PPUD and also prepare the core dossier in EDS cases that are eligible for release by the Parole Board at two-thirds point of the custodial term, and send it to the prison. PPCS is responsible for the operation of PPUD. This will include ensuring the system is compliant with Data Protection legislation and controlling password access, updating the system with new requirements, having overall responsibility for training and dealing with any queries that arise. Any queries about general parole procedures or policy should be directed to the Parole Help Desk (parolehelpdesk@noms.gsi.gov.uk) or, if the matter is urgent, by telephone on 03000 474510. If there are any issues with the performance of PPUD (e.g. document conversion not working), these should be sent to performanceteam@noms.gsi.gov.uk. Any prisoner specific queries should be directed to the relevant PPCS case manager who has responsibility for the establishment where the prisoner is detained. Offender Manager and Offender Supervisor 2.4. An Offender Manager (OM), who will supervise the offender after release, is allocated to each prisoner at the start of the sentence. An Offender Supervisor (OS) within the prison will also be allocated. Their roles are set out in the “Manage the Sentence: Pre and Post Release from Custody” service specification and accompanying instruction PSI 14/2012 PI 08/2012. The OMU within the prison is responsible for arranging the Sentence Plan Review (SPR) meeting, as well as commissioning the relevant SPR reports and coordinating their collation. It is important that the OM ensures that the Parole Assessment Report (PAROM 1) reaches the establishment according to the GPP-D timetable (please refer to section 3). The SPR reports should be completed in advance of this, to enable the PAROM 1 author to draw on all other sources of information. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 8 Remand Time 2.5. Time spent on remand (either remand to custody, or court directed remand on bail whilst subject to an electronically monitored curfew) counts as time served towards the sentence. Therefore if a prisoner has been on remand for a long period, he/she may be eligible to be considered for parole soon after sentencing. Additional Days Awarded and time spent unlawfully at large 2.6. Additional days (ADAs) automatically put back the Parole Eligibility Date (PED) and the Conditional Release Date (CRD) or Non-Parole date (NPD). The Sentence Expiry Date (SED) is not altered. Conversely, dates must be advanced by any ADAs remitted. 2.7. Days lost on appeal and time spent unlawfully at large (UAL), will affect all sentence dates including the SED. Any ADAs awarded for being UAL will be subject to the procedures outlined above. If a prisoner is UAL, or returns from UAL, during a parole review the PPCS and the Parole Board secretariat must be advised by the OMU staff of the receiving prison and a report must be sent to the Parole Board giving details such as the date of reception and any further charges or additional days awarded. Timing of reviews 2.8. Prisons have responsibility for undertaking sentence calculations, as set out in PSI 13/2013 - Sentence Calculation – Determinate Sentenced Prisoners. In EDS cases, these must be provided to PPCS. 2.9. With the first GPP-D review, particular care is needed to ensure that where applicable, the oral hearing is held sufficiently early to allow release at PED. If ADAs are awarded once the first review has started, but before the dossier has been sent to the Parole Board, the review must continue as normal and the details of the adjudications must be included in the dossier. If ADAs are awarded after the dossier has been sent to the Parole Board, the PPCS case manager and Parole Board secretariat must be advised at once. Outstanding ADAs must also be included in the dossier although they must be clearly marked as such. The Parole Board secretariat must be advised at once of the outcome. The secretariat must also be advised if a prisoner goes UAL after the dossier is sent to the Parole Board. If a prisoner returns from UAL after the dossier is sent to the Parole Board and a significant number of added days have been awarded, the Board has discretion to postpone its consideration of the case to nearer the revised PED and in those circumstances the Secretariat may need to ask for reports to be updated. The secretariat and PPCS case manager must also be advised of any ADAs restored after the dossier has been submitted to the Board. If a prisoner goes UAL before the dossier is sent to the Parole Board and is absent for a period exceeding 6 weeks then the review should be closed by arrangement with the PPCS case manager. As soon as the prisoner is returned to prison and if it is within 6 weeks, the original review should continue. For those prisoners UAL for a period exceeding 6 weeks, a new review should commence upon their return. 2.10. Second and subsequent GPP-D reviews must commence 18 weeks after the PED, last anniversary or panel date of review unless ADAs have been awarded between the end of the first review and the commencement of the second review. Review dates must, however, be put back by any time spent UAL. Prisoners are not entitled to a statutory number of reviews and should instead be reviewed on an annual basis, other than EDS prisoners serving a sentence of 10 years and over. In these cases, the PPCS case manager can extend the date of the review beyond 12 months, but no longer than 2 years if they consider that the prisoner is unlikely to demonstrate significant progress within 12 months and/or that there would be benefit in deferring the timing of the review to enable the prisoner to PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 9 complete offending behaviour work. All subsequent reviews will be added to PPUD by PPCS following receipt of the decision letter from the Parole Board. 2.11. In some cases the normal timetable will result in only a short period on licence being available. So that, on completion of the final review, there will, wherever possible, be at least three months on discretionary parole licence if the application is successful, the table below must be used to calculate the timing of the final review: Time to NPD from PED Anniversary date or Next review to begin from the panel date if an early/special review has been granted 15 months or more 18 weeks after PED, last anniversary or panel date of early review 13 months or more, but less than 15 months 47 weeks before NPD Under 13 months Not eligible 2.12. Any queries about the number of reviews should be directed to the Parole Help Desk (parolehelpdesk@noms.gsi.gov.uk) or, if the matter is urgent, by telephone on 03000 474510. Such enquiries should not be directed to the Parole Board secretariat. Monitoring the GPP-D 2.13. The performance of all agencies involved in the GPP-D process will be monitored centrally. The NOMS Performance Hub will record performance data for both probation performance (submission of PAROM 1s) and prison performance (submission to the Parole Board of complete parole dossiers) and will display data at a regional and national level broken down into monthly, quarterly and annual data. The key performance indicators will include: the timeliness of mandatory reports from HMPS and probation the disclosure of dossiers to the Parole Board by HMPS the provision of core dossiers by PPCS case managers for EDS prisoners the compliance on the part of NOMS with Parole Board directions in all cases; and following the receipt of Parole Board decisions, the timely issuing of licences. GPP-D monitoring will cover all determinate sentence prisoners who are eligible to have their cases reviewed by the Parole Board with a view to determining whether they can be safely released on parole licence. Determinate sentence prisoners who are eligible for parole are: 2.14. DCR EPP who are eligible to be considered for release on licence by the Parole Board at the halfway point of their custodial term Those EDS prisoners who are eligible for release by the Parole Board at two-thirds point of the custodial term GPP-D monitoring will also cover all parts of NOMS involved in the delivery of the parole process for determinate sentenced prisoners. Senior managers within the NOMS agency are responsible for supporting the GPP-D and driving forward its delivery and performance indicators. Public Protection Unit Database (PPUD) 2.15. PPUD is the database that will underpin and support the GPP-D and cases dealt with under GPP-D will no longer be supported by IIS. PPUD functionality has been extended to include GPP-D. All agencies involved in the GPP-D, i.e. PPCS, establishments, probation and the Parole Board, have access to PPUD. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 10 2.16. The GPP-D is a paperless process. All actions will be recorded onto PPUD and dossiers, reports and information must all, without exception, be collated, paginated and transferred electronically. All existing DCR and EPP cases that have outstanding parole reviews have been uploaded onto PPUD in time for the commencement of GPP-D. If any case has been overlooked, the establishment must alert PPCS Team A immediately so that this can be remedied (Pre-releaseteamA@noms.gsi.gov.uk). 2.17. GPP-D parole dossiers provided to the Parole Board by establishments must contain all the mandatory reports before they are sent. Under e-working, the dossiers will be stored and collated on PPUD and the Parole Board is automatically notified, via e-mail, of the dossier being completed and available on PPUD. Although previously the Parole Board would reject dossiers that were assessed as incomplete, under e-working it will no longer be possible to submit a dossier that does not contain all of the mandatory documents. 2.18. PPCS has overall responsibility for administering the GPP-D and the reporting of prison and probation performance against indicators, using data recorded on PPUD. Therefore, OMU staff who are involved with the GPP-D must have access to PPUD and must input data into the relevant fields, in a timely manner for performance monitoring purposes. Governors must ensure that nominated staff input the appropriate data into PPUD so that accurate management information can be produced for monitoring performance indicators, the end-to-end targets and to allow all agencies involved in the parole process to track progress of individual cases. 2.19. The Parole Board also has access to PPUD and has similar data inputting responsibilities. 2.20. Where there are disputes within NOMS regarding GPP-D data entries the PPCS Parole Helpdesk will resolve them and their decision will be final. 2.21. Governors may delegate any requirement under this instruction to suitable grades within their establishment as long as that person has the necessary knowledge and skills to perform that requirement. Functional Mailbox 2.22. All OMUs must maintain a team functional mailbox and ensure this is monitored regularly (for example: omu.establishment@hmps.gsi.gov.uk) in order to ensure that communication is not disrupted due to the absence of a single member of staff. Each pre-release team in PPCS must also maintain a team functional mailbox. PPCS case managers and OMU staff must ensure that any communications relating to the GPP-D are copied to the team functional mailboxes. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 11 3. Generic Parole Process – Determinate (GPP-D) Timetable – an overview 3.1. The GPP-D timescale and process is divided into 2 parts: Part 1: 26 week period starting at week 26 and leading up to Week 0, in which it is envisaged that most cases will be considered by the Parole Board on the papers. The dossier compilation and disclosure and, where appropriate, Parole Board directions are completed during this stage and the case is considered on the papers. Where a decision is taken on the papers, this will be issued within this period. The timetable is subject to variation by the Parole Board as it is envisaged that the majority of cases will be considered within 15 weeks. Part 2: applies only to those cases where the Parole Board has directed that the case be heard at an oral hearing. It is the calendar month during which the Parole Board hears the case which falls on or after week 0. The Parole Board may list the case at any time during that month. The Parole Board provides the decision and supporting reasons within 2 weeks of the oral hearing date. The timetable is subject to variation by the Parole Board. 3.2. Establishments are involved in all stages of the process and must ensure that all key actions relevant to their involvement are fully completed within the prescribed timescales. 3.3. The GPP-D sets out the key milestones that are required to be achieved at various stages through the process. The role of PPCS case managers is to oversee the process and to ensure the timely progression of all cases in order to enable the Parole Board review to be completed on target. OMU staff in establishments, or those responsible for the parole process, must complete all their required tasks and input data onto PPUD for the areas that their establishment is responsible for. See Annex D. 3.4. The process set out below highlights the key milestones and required action by relevant parties in the process. Part 1 Week CASE ADMINISTRATION Actions Responsibility All cases Wk 26 Wk 22 Wk 18 Wk 17 Wk 14 PPUD informs PPCS/ Parole Board /Prison to commence review Prison notifies prisoner of the commencement of their parole review. Prison request all relevant reports including the PAROM 1 PPCS commence core dossier in EDS cases; or Prison commences the dossier compilation in DCR and EPP cases PPCS Parole Board Prison, Probation PPCS Prison Deadline - PPCS send EDS core dossier to prison PPCS Relevant reports received by prison including the PAROM 1 etc from Probation Prison compiles and PPUD paginates dossier in all cases Prison discloses dossier to prisoner + reps/disclosure form Deadline - Prison uploads dossier to PPUD in all cases Prison, Probation Prison Prison Prison Parole Board assesses the compiled dossier to ensure it is complete Parole Board Deadline - Prisoner to submit representations - personal/legal Parole Board instigates an initial review on the papers. Prison Parole Board PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED Wk 12 PAGE 12 Parole Board issues parole decision or Directions for Oral hearing Parole Board Oral hearing cases only Wk 12 Parole Board seeks witness availability Parole Board Wk 10 Prison confirms all Parole Board Directions complied with PPCS confirms all Parole Board Directions complied with Parole Board lists case for oral hearing Prison PPCS Parole Board Wk 08 Parole Board identifies panel members Parole Board issue oral hearing exact date notification confirming hearing date to all parties Parole Board Parole Board Wk 06 Parole Board copies dossier to members Pane Panel chair issues further Directions (if required) and rules on victim and witness attendance Parole Board Wk 04 Prison confirms all outstanding Directions complied with PPCS confirms all outstanding Directions complied with Parole Board issues Timetable for oral hearing to all parties Prison PPCS Parole Board Wk 0 End of part 1 CALENDAR MONTH FOR LISTING ORAL HEARING (THIS WILL ALWAYS BE THE 1st OF THE MONTH) Parole Board Oral Hearing taking place during this calendar month Deadline for receipt of Parole Board decision (2 weeks following oral hearing) Parole Board Part 2 Parole Board Week 26 - Commencement of parole process 3.5. Establishments must ensure the prompt commencement of the process in order to enable the review process to be completed on time, and so the whole system targets can be met. PPCS, establishments, and probation should refer to the flow chart GPP-D timeline illustrated in Annex D when a review is about to commence. 3.6. On week 26 PPUD informs PPCS/establishments to commence review by identifying the beginning of the review via a ‘to do’ list, which contains a list of all PPUD milestones which are due in the near future. OMU staff must ensure that they are aware of review commencement and must request relevant reports. OMU staff must also issue a notification of the parole review to the prisoner (using the template in Annex C). Once reports have been requested, the date should be entered at milestone 02. The target date for completion of the reports is 8 weeks from commencement of review. Prison staff must upload all reports to PPUD as soon as they are received, using the appropriate naming conventions, which are set out in Annex A. This is particularly important for the SPR reports which, unless there are circumstances which make this impossible, should be submitted earlier than the PPUD target date, ideally no later than week 20. This is to enable the author of the PAROM 1 to draw from all other sources when completing their report, so as to provide as full and accurate an assessment as possible. 3.7. In the case of an EDS prisoner parole review, the nominated PPCS case manager commences the core dossier preparation. In all other cases it will fall to the OMU staff to prepare the core dossier. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED 3.8. PAGE 13 The OM and OS must be alert to cases where psychological and psychiatric input may be necessary. Reports must be commissioned from psychologists and or psychiatrists at the earliest opportunity. If a previous panel has directed that a particular assessment be carried out or a report completed prior to the next hearing this must be included. If in the psychologist’s/psychiatrist’s expert view the assessment/report is unnecessary this must be challenged through the PPCS case manager at the earliest opportunity in the parole process so that the challenge can be brought to the attention of the Parole Board for consideration. OMU staff must ensure that any Parole Board or Secretary of State decision letter directing or recommending psychological or psychiatric input is copied to the relevant prison department on receipt. The PPCS case manager must also refer such letters to the Prison Service Regional Psychologist. Week 21 - Core dossier disclosure 3.9. This is the target date for receipt by establishments of the core dossier in EDS prisoner parole reviews, which is completed by the PPCS case manager. PPCS case managers must ensure that each individual report is uploaded to PPUD, either as a single document or as part of any bulk scanned document, so that the dossier can be assembled electronically on screen. Once the core dossier is completed, PPUD will automatically notify the holding establishment so that the process of compiling the full dossier can begin. The notification will be in the form of an e-mail, generated by PPUD, which will go to the relevant functional mailboxes and individuals associated with the case. PPUD milestone 39 will be auto-filled with the actual date the e-mail alert is sent, see Annex D: GPP-D – timeline for PPUD. 3.10. This core dossier must contain, where available: an Index Sheet the note formally referring the case to the Parole Board for consideration offence related papers. These must include (where they exist): the summary of offence prepared by PPCS (including reference to sources relied upon) transcript of the trial judge’s sentencing remarks the pre and post trial sentence reports prepared by qualified probation staff a current list of previous convictions as recorded on the Police National Computer (i.e. within the last 12 months but more recent if convictions within the last 12 months) and any other relevant papers such as psychiatric or psychological reports prepared for trial and/or sentencing, Trial Judge’s sentencing remarks and the transcript of any Court of Appeal judgment a record of adjudications either since remand in custody or since the most recent previous Parole Board review extracted from P-NOMIS including: establishment offence date of hearing result (proven or dismissed) and punishment. any security intelligence information upon which the adjudication has been based a summary of reports of progress in prison including Therapeutic Community and Dangerous and Severe Personality Disorder (DSPD) Unit reports reports from any offending behaviour courses completed in custody previous Parole Board decision, where appropriate. 3.11. If some documents e.g. judge’s sentencing remarks cannot be provided, this must be clearly indicated in the dossier by PPCS so that Parole Board panels do not make unnecessary directions. Where a mandatory document cannot be located, the PPCS case PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 14 manager or OMU staff must insert a note in the dossier stating that the document could not be provided or is not available and explain the reasons why. 3.12. If the prisoner is unhappy with any document in the dossier a complaint may be made through the request/complaint system to the Governor. If the dossier has been sent to the Parole Board, the Board must be advised that a complaint has been made and kept informed of the progress in resolving it, which must normally be within 6 weeks. Subject to any direction by the Board to the contrary, consideration of the case by the Board will not normally be deferred while the complaint is being investigated, although if new information which might have affected the decision comes to light after it has been made the Board may need to review the case again. Week 18 - Disclosure of completed dossier 3.13. This is the deadline for receipt of all reports by OMU staff who must upload the individual component parts of a dossier to PPUD. Establishments must add the reports set out below which are mandatory for establishments to obtain before disclosing to the Parole Board: 3.14. PAROM 1 - OM overview report (see Annex L) SPR L - OS report (see Annex K) SPR D - Relevant Key Worker’s reports (see Annex E) The full OASys report reviewed within the last 12 months of the target month for the review hearing and countersigned by OASys supervisor The following reports may also be included in the parole dossier, depending on the requirements in each case: SPR E – psychologist report (see Annex F) SPR F – healthcare report (see Annex G) SPR G – psychiatrist report (see Annex H) SPR H – security report (see Annex I) SPR J – offender’s comments (see Annex J) 3.15. Further guidance on what must be included in mandatory reports can be found in Chapter 7 of this Instruction. 3.16. Before it is issued, Governors (or delegated authority) should sign off the dossier to confirm that all reports have been completed to the required standards. The PAROM 1 and SPR L should each be countersigned by a line manager to confirm that each report is of good quality. The dossier must include contributions from a range of staff as effective risk assessment is based on a multi-disciplinary approach drawing on evidence from a range of sources. This is a key consideration for the OM and OS in determining which reports should be included in a parole dossier. Please note that a ‘wet ink’ signature from the Governor is not required; a typed and dated electronic sign off is sufficient. 3.17. OMU staff must then compile the full dossier by using a “drag and drop” facility on PPUD, inserting individual documents into the core dossier that has already been created on PPUD either by establishment staff (DCR and EPP cases) or by PPCS staff (EDS cases). PPUD functionality will automatically paginate the dossier and generate the front sheet. Once this has been done an e-mail will be generated from the PPUD system to go to the relevant functional mailboxes and individuals associated with the case notifying them that the full dossier is available. Appropriate PPUD milestones will be auto-filled with the actual date the e-mail alert is sent. A hard copy of the full dossier will need to be printed out by OMU staff to give to the prisoner. At PPCS we support any local agreements made between prisons and probation that will enable the PAROM 1 and the dossier to be completed before the target date. This is now the definitive document for timings for report writing, as well as those reflected in the GPP, and must be adhered to. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 15 3.18. All documents must be sent electronically. Where this cannot be done, whoever receives the documents in hard copy must ensure they are scanned in individually and uploaded to PPUD. When scanning in maps (e.g. to depict exclusion zones) PPCS case managers and OMU staff must ensure that the scanner is set at an appropriate resolution level to ensure this can be easily read. The recommended settings for standard documents are 150dpi in PDF format, black and white and low resolution. For this reason, such maps may need to be scanned separately from any documents they may be contained within as the scanner resolution settings may need to be different. 3.19. When compiling a dossier, additional documents or addendum reports must be put at the back of the dossier and not directly behind the report to which they relate. 3.20. If a prisoner’s legal representative requests a dossier on behalf of their client, this must be sent electronically by the establishment, provided the legal representative has a Criminal Justice Secure eMail (CJSM) account. PPUD has the facility to allow dossiers to be “chunked” to enable larger documents to be e-mailed. If the solicitor does not have a CJSM account, they must be advised to apply for one (see Annex B). In the interim, they can apply to the OMU staff to provide a hard copy, which must be issued within one week of the request being made. 3.21. Governors must ensure that prisoners have ready access to their parole dossier as frequently as the facilities and resources of the prison allow. In deciding how prisoners have access to their dossiers, the OMU Manager (or equivalent) should bear in mind the possible effect on the prisoner and the establishment should the contents of the dossier become widely known. Particular care should be taken in those cases where there are vivid accounts of the offence, the cases are notorious, or those relating to sexual offences. Establishments may consider it more prudent to allow the prisoner access to the dossier only at times when the prisoner is locked in his or her cell, for example at lunchtime or overnight. Week 14 - Administration of completed dossiers and Parole Board Directions 3.22. This is the deadline for receipt of prisoner representations. As soon as the establishment receives the prisoner’s representations they must be scanned if necessary, and uploaded to PPUD for incorporation into the dossier. If representations are being submitted on the prisoner’s behalf by their legal representative it should be encouraged that these be submitted electronically. 3.23. When the dossier has been received by the Board, at week 14 the case will be referred to a panel for consideration on the papers. The paper panel will do one of the following: Decide the case by making a release decision on the papers. The decision is issued to the prisoner and other parties. Decide the case by making a negative decision on the papers. The decision is issued to the prisoner and other parties. Decide that the case requires further consideration before an oral hearing. Any Directions considered necessary will be issued at this stage and a date secured for the oral hearing once any witness availability has been ascertained. Decide that the case is suitable for an oral hearing, but is not yet ready. Directions will be issued, however in view of the amount of work still required it is unlikely that the original target date will be met. In these instances the paper panel will defer the case for a set period of time. Week 12 - Parole Board issues the results of paper hearings or refers the case for an oral hearing 3.24. The Parole Board secretariat will issue the results to the establishment, copied to the functional mailbox of the holding establishment and PPCS. In all cases, the OMU staff must PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 16 take immediate steps to ensure that the decision is served on the prisoner. The Parole Board decision is binding. 3.25. If a case is referred to an oral hearing, directions may be issued by the Parole Board at this stage. These too will be sent to the OMU staff members and mailboxes as above as well as the PPCS case manager. These directions are divided into two categories. The first is reports required before listing (e.g. commissioning fresh reports etc) must be complied with before a case can be allocated an exact date for the hearing. The second is reports that can be provided after listing, (e.g. addendum reports and updates). These normally must be with the Parole Board at least 4 weeks before the exact hearing date. Directions should clearly specify the information or question pertaining to assessment of risk which the Parole Board panel will need in order to make a decision. The PPCS case manager will request that the OMU within the establishment identify who is the appropriate (i.e. qualified) person to provide information requested and to ensure that the information or report is submitted within the agreed timescale. Directions should provide reasonable timeframes to allow NOMS staff to provide the necessary information. Part II – Preparation for Oral Hearing, if applicable 3.26. PPCS case managers are responsible for overseeing the compliance with Parole Board directions. They will liaise with OMU staff and the relevant probation staff to ensure that directions issued by the Parole Board are complied with in the timescales set. OMU staff must work with the PPCS case managers to ensure that directions are complied with. 3.27. The Parole Board secretariat will alert report writers who are directed by the Parole Board to attend an oral hearing to give evidence as a witness. A witness may only attend if so directed by the Parole Board. In any case where a witness refuses to attend the PPCS case manager will be advised immediately by the Parole Board secretariat. It may be necessary to obtain a witness summons. Where a witness summons is required; the obtaining of such will be undertaken by the Secretary of State Representative. The expectation is that where a member of NOMS staff is directed to give evidence at a Parole Board hearing, they will always comply. 3.28. Only when reports required before listing have been complied with will cases be listed for hearing by the Parole Board. The deadlines for compliance with directions will often be short but PPCS case managers and Governors must endeavour to comply with directions within the timescales that are set. Where a Parole Board direction cannot be delivered within the required timescale or where the information is either not available or would incur disproportionate cost, the Governor must alert the PPCS Case Manager who will consider whether to seek a variation of the direction/s under the Parole Board Rules. Once all reports required before listing have been received, the PPCS case manager must update PPUD milestone 70a. 3.29. PPCS Team Managers/Public Protection Representatives are responsible for submitting all applications to either vary or rescind Parole Board directions when they have been signed off by the Head/Deputy Head of Casework. OMU staff must not send applications directly to the Parole Board, but instead liaise with PPCS. 3.30. PPCS case managers, in conjunction with Public Protection Representatives, are responsible for submitting applications to the Parole Board, where appropriate, to have information withheld from the prisoner. OMU staff must not send applications directly to the Parole Board, but instead liaise with PPCS. Week 10 - Completion of directions 3.31. This is the target date for completion of any directions required prior to the case being listed for an oral hearing. The Parole Board will only refer the case to be listed for an oral hearing if all of these directions are complied with. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 17 Week 8 - Notification of oral hearing date from Parole Board 3.32. The Parole Board secretariat notifies PPCS, the establishment, prisoner and legal representative of the oral hearing date. Establishments must allocate suitable accommodation, as well as organise the escorting of visitors, prisoners and other arrangements relevant to the oral hearing. Further information on the requirements of establishments for oral hearings can be obtained from the Parole Board case managers allocated to establishments. Week 6 - Panel chair Directions 3.33. Once a Parole Board hearing date has been set and a panel appointed, the dossier is copied to panel members by the Parole Board secretariat. The chair of the panel may issue further directions (such as updates or addendum reports and calling additional witnesses). Witnesses warned to attend at the directions stage will be confirmed or stood down by the chair. The Parole Board secretariat are responsible for liaising with witnesses, whereas the PPCS case manager will liaise with the OMU staff to ensure that all other directions are complied with and any changes are fully communicated to those affected, including the prisoner and legal representative. 3.34. Where a person wishes to attend an oral hearing as an observer, an application should be made, through the PPCS case manager to the Parole Board in writing, and copied to the prisoner/legal representative. The panel chair will decide the request, taking into account the prisoner’s comments, if any. Week 4 - Timetable for oral hearing 3.35. Once reports required after listing have been submitted to the Parole Board, which should be by this stage in the timetable, PPCS case managers must complete milestone 70b on PPUD. 3.36. The Parole Board issues the timetable for oral hearing to the PPCS, establishment, prisoner, and prisoners’ legal representative (if known). This will be issued electronically to the relevant staff members at PPCS and the holding establishment, as well as the team functional mailboxes. 3.37. Where establishments have been notified of oral hearing listing times that are unrealistic the Parole Board secretariat must be notified immediately and asked to amend the timetable accordingly. Many establishments are able to cater for oral hearings continuing during lock up periods and these should continue where appropriate and agreed by Governors. Week 0 – Start of calendar month listing period and oral hearing 3.38. This is the 1st day of the calendar month listing period in which the oral hearing is to be held. 3.39. The Secretary of State does not provide a view and is no longer represented at oral hearings as a matter of course. Establishments must not provide a representative of the Secretary of State, unless previously agreed by managers at PPCS. Any representation of the Secretary of State will be carried out by a PPCS representative and only where PPCS senior managers have agreed that representation is required in order to facilitate the progress of the review. However, relevant staff from establishments may still be called to an oral hearing to give evidence as a witness. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED 3.40. PAGE 18 Where a PPCS representative is required to attend, the PPCS case manager will alert the prison, the prisoner/legal representative and the Parole Board in advance of the hearing. Receipt of Parole Board decision (2 Weeks from date of oral hearing) 3.41. This is the deadline for receipt of the Parole Board decision following the oral hearing. This should be issued electronically to the relevant staff members at PPCS and the holding establishment, and the team functional mailboxes. PPUD milestones 86 and 87 should be updated for PPCS and the prison respectively. Parole process end date Notification of negative decisions 3.42. If the parole application has been refused, the notification of the decision sets out the reasons for refusal. The Governor must arrange for the reasons to be explained to the prisoner and, where appropriate, he/she must be advised of the date of the next review (see para 2.10) or the date of release (NPD or end of the custodial term). There is no right of appeal against the decision to refuse parole. If the prisoner wants to challenge a decision, he/she can do so direct with the Parole Board. If the prison comes into possession of further relevant information that should have been made available to the Board at the time the decision was made, or becomes aware of a significant procedural error such as inaccurate information used for consideration, the Board can be asked to review the decision. The prison must approach the PPCS case manager, who will decide whether the matter should be brought to the attention of the Parole Board. Where it is referred, the ‘new’ information must be copied to the prisoner, who must be given the opportunity to make representations. 3.43. If a refusal is at the last review the prisoner must be released at the NPD in DCR cases or the CRD at the end of the custodial term in EPP and EDS cases. Licence conditions in respect of prisoners released at NPD and the CRD are not set by the Parole Board. Requests for additional licence conditions in these cases must be submitted by the OM to the Governor in accordance with the arrangements set out in PSI 40/2012 in respect of DCR and EPP cases and to the PPCS case manager in respect of EDS cases. Notifications of positive decisions 3.44. All positive decisions by the Parole Board are based on the assumption that the release plan contained in the OM’s report can still be put into effect at the point of release. In DCR and EPP cases, Governors must put in place local procedures to ensure effective liaison with OMs to satisfy themselves that the release arrangements will be in accordance with those agreed by the Board. PPCS must do the same in respect of EDS prisoners. If the release plan made reference to residence in a hostel, Governors or, in the case of EDS prisoners, the PPCS case manager, must be satisfied that such arrangements have been put in place before effecting release. If the release plan cannot be put fully into place at the point of release, or the probation service are planning to change the nature of the release plan, Governors or PPCS must inform the prisoner, and consult the Parole Board; release must not take place until written confirmation has been received that the revised release plan is satisfactory. 3.45. The OMU staff or PPCS case manager must then arrange a release date - the Approved Parole Release Date (APRD) with the OM. If the decision is issued before the PED, the APRD should be the PED. Otherwise, release must take place as soon as practicable on an agreed date. If the PED falls on a Saturday, Sunday or Bank Holiday, the APRD must be arranged for the next working day: under the CJA 2003, there is no power to release a prisoner before their PED other than on compassionate grounds. Where the prisoner is liable to deportation, the Governor must ensure that UKBA are notified of the release decision, so that consideration can be given to detaining under Immigration Act powers. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 19 The procedures for handling such cases are set out in PSI 04/2013 - The Early Removal Scheme and Release of Foreign National Prisoners. Notification to the Police 3.46. A copy of the licence must be sent to the National Identification Service (NIS) at New Scotland Yard and to the Chief Constable of the area to which the prisoner is being released. OMU staff will do this for DCR/EPP cases and PPCS will do this for EDS cases. 3.47. In addition to the above, the prison must alert the relevant police force that the prisoner is being released on the actual day of release. Where the prisoner is identified as a Prolific and other Priority Offender (PPO), the police must be notified of release arrangements at least 28 days prior to release or as soon as possible thereafter. These arrangements apply to all PPOs, regardless of the length of sentence. The procedures for notifying the police of PPO releases are set out in PSI 12/2010 - Prolific and Other Priority Offenders. Suspension or cancellation of release arrangements 3.48. Approval of release may be suspended at any time up to the moment of departure, if new and significant information comes to light which would cause the Secretary of State to ask the Parole Board to review its decision. There is a high threshold in these cases. It might be that there has been a serious adverse development between the time the decision was taken and the point at which the prisoner was to be released. If the prisoner's release plan breaks down before release, this should be regarded as an adverse development. Alternatively, new information may have come to light, which had not been made available to the Parole Board at the time it had taken its decision or there is confirmation that inaccurate information was presented previously which might have resulted in a different parole outcome. If any such developments arise the prison must alert PPCS, who will determine whether the case should be re-referred and, if the threshold has been met, will make the referral. If the case is to be re-referred the PPCS case manager must advise the prison, the prisoner and the OM, as well as the Parole Board immediately. Written confirmation of the adverse developments, or copies of the material hitherto not disclosed to the Parole Board must be submitted to the prisoner and the Parole Board. The prisoner must be given the opportunity to make representations on the new material. The release decision is suspended until the Parole Board confirms that it may go ahead. A decision to withdraw parole can only be made by the Parole Board once the case has been formally referred back to it. Confiscation orders 3.49. Confiscation orders are made in the Crown Court under the Proceeds of Crime Act 2002, or, where the conduct occurred before 24 March 2003, the Criminal Justice Act 1988 as amended, or the Drug Trafficking Act 1994. A term in default of payment of a confiscation order is not classed as a ‘sentence of imprisonment’, but is a ‘term of imprisonment’ and as such there is no parole eligibility on the default term. Where the term in default is enforced and is consecutive to a DCR sentence, EPP or EDS, parole, must be completed in line with the PED of the DCR, EPP or EDS. If a decision to release on licence from the sentence is made, the OMU staff must ensure that the term in default of the confiscation order runs from the day after the notional date the prisoner would be released on licence 3.50. Where a confiscation order has been made by the Crown Court but not enforced, the Parole Board does not take the default term into account when considering the application for parole unless it has concerns that the default term might have an adverse effect upon the prisoner’s behaviour whilst subject to supervision. If parole is agreed for a prisoner before the default term is enforced, the prisoner must be released under the same procedures as any other. If the term in default is subsequently enforced, the term will begin from the date that the prisoner is returned to custody. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 20 Repatriated Prisoners 3.51. There may be occasions where a prisoner has been repatriated from another country to serve the remainder of their prison sentence in the United Kingdom. The sentence calculation will reveal whether or not the sentence requires consideration for release by the Parole Board or will be automatic. If the calculated PED is at least 6 months hence, then the normal parole procedures and timetable will apply. If PED has passed, or is within 6 months, the parole process should commence with immediate effect. However, in order for meaningful reports to be prepared, it may be in the prisoner’s best interest to defer the start of the review for three months. A decision to defer the review must be acted upon only after receipt of the prisoner’s written authority. Failing receipt of such authority, or in cases where the prisoner is unwilling to put anything to this effect in writing, the parole review should commence with immediate effect. 3.52. For those reviews implemented immediately, the timetable can only commence with effect from the reception date of the prisoner into the prison estate. Any subsequent reviews will be in accordance with the timetable set out in paragraphs 2.9 and 2.10 above. To initiate an immediate review, OMU staff should contact PPCS, as these cannot be activated locally (Pre-releaseteamA@noms.gsi.gov.uk). Licence issue 3.53. In DCR and EPP cases the Governor (or an officer authorised by the Governor), or Controller, must issue the release licence on behalf of the Secretary of State. In EDS cases this role will be performed by the PPCS case managers. The notification of a positive decision will contain any additional conditions to be added to the licence and if the OM has any queries about the additional licence conditions they should alert the PPCS case manager immediately. See PSI 40/2012 - Licence and Licence Conditions. 3.54. Following the commencement of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, all DCR offenders are now released under the provisions of the Criminal Justice Act 2003, regardless of the act that they were originally sentenced under. However, the breakdown of the sentence itself is unchanged, and so the following categories of prisoner are released on a licence which remains in force until the three-quarter point in their sentence (see PSI 40/2012): Those sentenced on or after 1 October 1992 (but before 3 December 2012), for offences committed prior to 4 April 2005 and serving sentences/single terms of 12 months or more and less than 4 years (formerly ‘short-term 1991 Act prisoners’); DCR prisoners with sentences of 4 years or more for offences committed before 4 April 2005 which fall into Schedule 15 of the Criminal Justice Act 2003, or whose PED fell before 9 June 2008 (formerly ‘long-term 1991 Act prisoners’ not eligible for ‘conversion’); DCR prisoners sentenced before 3 December 2012 to multiple under 12 month sentences totalling 4 years or more, for offences committed on or after 4 April 2005, where one or more of the under 12 month sentences was for a Schedule 15 offence or the PED fell before 9 June 2008. 3.55. In all other cases – including all offenders sentenced on or after 3 December 2012 regardless of the date of their offences – release on licence is until the SED. 3.56. In DCR and EPP cases, the Governor, (or an officer authorised by the Governor), or controller, must sign and issue the licence. The conditions must be explained to the prisoner and the prisoner should also sign the licence. If the prisoner will not sign the licence, the Governor, or authorised officer, must note on the licence that the prisoner was made aware of the licence and the licence conditions but refused to sign it. The prisoner will still have to abide by the licence conditions irrespective of the licence being signed. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 21 3.57. One copy of the licence must be given to the prisoner on discharge. One copy (as signed or certified) must be kept on the prisoner's F2050 record and another sent to the OM. Further copies must be sent to the NIS at New Scotland Yard, and the Chief Constable of the area to which the prisoner is being released. 3.58. Where a prisoner has changed his/her name or intends to do so on release, the licence must contain the new name along with the name under which he/she was previously known. The licence must also include the prison number. Should the offender be recalled before the licence is updated, the recall is not invalidated but the licence must be updated as soon as possible. Amendments to licence after release 3.59. The Parole Board must, by law, be consulted about amendments to DCR/EPP/EDS licences following release if they are released by the Parole Board and not automatically. Those released at NPD or at CRD at the end of the custodial term do not require Parole Board approval and are authorised by the Governor. If the OM wishes to add, amend or delete a licence condition during the supervision period, in respect of a DCR/EPP/EDS prisoner released by the Parole Board the OM must apply to PPCS with a report of the prisoner's conduct and reasons for the request for amendments. If the Parole Board approves the request PPCS will issue a fresh licence. PPCS will send two copies to the OM, who is responsible for serving and explaining the licence. A copy will be sent to the prison which released the prisoner, another to the NIS and one to the Chief Constable of the area in which the prisoner is living. In those cases where the prisoner was released on NPD or CRD at the end of the custodial term, the request for amendments to licence must be made directly to the Governor in DCR and EPP cases and to PPCS in EDS cases. Opt outs 3.60. Prisoners cannot opt out of the parole process. 3.61. If a prisoner subsequently refuses to comply with the process, this cannot be regarded as an opt-out of the parole process. The dossier should be compiled in the normal way, with reports completed as far as report writers are able. Re-referrals 3.62. In cases where the prisoner has been refused release on parole licence, the case can only be re-referred to the Parole Board if (i) there has been a significant change in circumstances; or (ii) new material has come to light which, had the Parole Board been made aware of the material at the time of the review there is a reasonable likelihood that it might have resulted in a different outcome, or (iii) the Secretary of State considers that the original decision was flawed in some way. A re-referral can only be made by the Secretary of State. The Parole Board will not take any action until a formal re-referral has been received. There is no standard pro-forma for re-referrals. A re-referral can only be made by the PPCS case manager on behalf of the Secretary of State. Where prison or probation staff or the prisoner’s legal representative believes that the criteria for re-referral have been met, they must contact the PPCS case manager, setting out the reasons why they consider the case should be re-referred. 3.63. Re-referrals should be made using the original dossier, with the new material added. It may be necessary to provide addendum reports/further paperwork depending on the reason for the re-referral. A new dossier should not be compiled. All information re-referred to the Parole Board must be copied to the prisoner and his/her legal representatives and the prisoner must have the opportunity to make further representations. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 22 4. Referral and Deferral of cases 4.1. Prior to referral of a case to the Parole Board, any requests from a prisoner or legal representative for a deferral of the review should be made to the PPCS case manager, setting out the reasons and the length of time being sought. PPCS, on behalf of the Secretary of State, will consider the request and decide whether to agree or reject it, informing the prison and prisoner accordingly. 4.2. Following referral of a case to the Parole Board, the listing of the case is a matter for the Parole Board. Any requests on behalf of the Secretary of State for a deferral of the review should be exceptional, such as to allow the completion of an offending behaviour course which the prisoner has already commenced at the start of the review process. Where an establishment believes that a deferral is necessary they must approach the PPCS case manager, by email, setting out the reasons and the length of time being sought. The PPCS case manager will decide whether the request should be made to the Parole Board and if so should be copied to the prisoner and/or the legal representative at the same time. Any deferral request must then be considered and either agreed or rejected by the Parole Board. The Board’s decision is final. This is not a decision for the Secretary of State. 4.3. The review date is calculated on the basis of time spent in custody. If a prisoner escapes, then the date of his or her review will normally be put back by the period the prisoner was unlawfully at large. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 23 5. Transfer of Prisoners during review 5.1. The parole process is considerably disrupted if a prisoner is transferred during the course of a review. While it is accepted that there are exceptional compassionate, security or discipline reasons for such a move, prisoners whose applications for parole are underway should not normally be transferred before their parole dossier has been completed. Only in exceptional circumstances may prisoners be transferred. This may be appropriate, for example, where it is necessary to transfer the prisoner to complete offending behaviour work, as identified through the sentence planning process, or where a prisoner is awaiting transfer to an open prison. Prisoners should not be delayed in their progress to open conditions and may be transferred during the course of a review; transfer should not take place prior to an agreed hearing date that is due to take place within 8 weeks of the proposed transfer date unless the receiving establishment can accommodate arrangements for the prisoner to attend the hearing. Prisons must also still comply with the process as laid out below at 5.2 and 5.3. In cases where this has been necessary Governors must inform the Parole Board and PPCS of the reasons for the move. 5.2. In order to minimise the disruption caused by such transfers, a process must be in place with both the receiving and sending establishment to manage the transfer of prisoners during the parole process or within 3 months of its starting. Co-operation is essential. Where a transfer is necessary, the sending establishment must take responsibility for completing parole reports on the prisoner as it will normally have greater knowledge of the prisoner. In EDS cases the sending establishment’s PPCS case manager will also retain responsibility for the case until the complete dossier is disclosed. On the Review screen, PPUD must be updated to show that the sending establishment remains as the dossier producing establishment. Exceptionally, there may be cases where the receiving establishment is better placed to complete the reports. Only in cases where both the sending and receiving establishment are in agreement will the receiving establishment complete the reports (and in such cases, responsibility for the case will be transferred to the PPCS case manager who is responsible for the receiving establishment). This must be clearly annotated on PPUD. If such an agreement cannot be obtained then the sending establishment must complete the reports. Receiving establishments must ensure that they have procedures in place for checking on parole progress before decisions are taken to accept a prisoner on transfer who is in the midst of, or within three months of the commencement of a parole review. 5.3. It is even more critical that a transfer of any prisoner after the exact date of an oral hearing has been published by the Parole Board should be avoided if at all possible as this has significant impact on all parties and may lead to a considerable delay in the hearing for that prisoner. Where transfer is unavoidable, the Governor must ensure that both the Parole Board and PPCS are alerted immediately. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 24 6. Mental Health Cases 6.1. Prisoners may be transferred under sections 47/49 of the Mental Health Act 1983, either for assessment or as a long term transfer, for as long as that prisoner is assessed as requiring it by qualified medical practitioners. Whilst time spent in a hospital counts towards the sentence for tariff purposes, in the event that a prisoner is transferred to hospital during any part of the parole review process, that review will be suspended until the remission of the prisoner to prison. PSI 18/2013 - Determinate sentenced prisoners transferred under the Mental Health Act 1983 sets out the arrangements for determinate sentence prisoners who are transferred the MHA 1983 and who are eligible for consideration for release by the Parole Board. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 25 7. Quality of Parole Reports 7.1. The need to produce timely reports must not reduce the quality of risk assessments as the Parole Board must have complete, accurate, up-to date impartial assessments generated by staff qualified in risk assessment and risk management to allow them to perform their statutory function effectively. Good quality assessments are essential to ensure that safe decisions can be made and to avoid prisoners being detained in custody for additional periods of time whilst further evidence is sought. 7.2. In order to ensure that decisions about risk can be made, formal risk assessments included in the dossier must be completed by appropriately trained and experienced staff. Other staff preparing reports, e.g. CARATs workers should have a reasonable understanding of the parole process, tests which the Parole Board apply when making decisions/recommendations and basic principles of risk assessment and how their evidence contributes to the parole process. Available training includes: Introduction to Risk Assessment and Management (IRAM), which is recommended for any member of staff working with risk and risk assessments; Offender Supervisor Foundation (OSF – replaces MISaR); and the Report Writing Course, which is recommended for any staff who are expected to write reports for the sentence planning or Parole processes. Preparing for parole review 7.3. Sentence planning meetings are held throughout a prisoner’s sentence to review the progress made against sentence plan objectives, and to review the offender’s assessment. When the prisoner is approaching the Parole Board review stage, the OM and OS must ensure that arrangements are in place to: 7.4. request a full set of SPR reports from relevant parties; hold the parole review meeting; write the PAROM 1 overview report, or the relevant addendum template if appropriate, following the sentence planning parole review meeting; and ensure a Victim Personal Statement is available where the victim wishes to complete one. With the publication of the service specification ‘Manage the Custodial Sentence: Pre and Post Release’, it is mandatory that an OS is assigned to all cases. The OMU staff will oversee the preparations for parole, including the coordination of report preparation and the SPR meeting. The OM will produce the PAROM 1. Reports required 7.5. For all parole dossiers, the following reports are mandatory (templates of all reports below are available at Annexes L, M, K and E): PAROM 1 - OM report completed by a qualified probation officer, or PAROM 1+ addendum report where appropriate SPR L - OS report SPR D - Relevant Key Workers’ reports to include reports from the following staff, where they are actively working with the offender to reduce any risks: CARAT worker, interventions and activity supervisors, offending behaviour programmes staff, therapeutic community, DSPD staff, personal officer or wing staff, chaplaincy staff 7.6. The following reports will also be prepared if directed by the Parole Board or there has been any ongoing contact with the prisoner by staff from these units and the OM and OS are of the opinion that these reports will contribute to the overall assessment of the risk the offender poses: PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 26 SPR E – psychologist report SPR F – healthcare SPR G – psychiatrist SPR H – security SPR J – offender 7.7. Reports from psychologists are only usually required in cases where there have been substantive psychological input or significant personality issues. Psychiatric reports are only usually required where there are mental health issues on which to report. 7.8. The OM and OMU staff must work closely as the OM has to receive the reports in time to consider them before the sentence planning parole review meeting. Following the detailed discussions at that meeting the OM will prepare a PAROM 1. The Offender Manager’s report (PAROM 1) 7.9. The Parole Board relies heavily on the contents of the parole dossier in making its decision. As the report which the OM completes, the PAROM 1 becomes a key document in that dossier. In writing this the OM will draw on a variety of sources, and the SPR reports, to present a comprehensive view of relevant information about the offender, victim information, risk and risk management throughout the sentence. 7.10. The request for and receipt of Victim Personal Statements (VPS) is the responsibility of the OM’s probation service. As a result, OMs must liaise with Victim Liaison Officers to ensure all victims have the opportunity to submit a statement and that it is included in documentation submitted to the Parole Board. 7.11. When an OM completes a PAROM 1 for a case in which he/she has not previously been involved, he/she may not have access to sufficient information to complete section 9 – Behaviour in Prison - in any detail. In such circumstances the OS report (SPR L) becomes particularly important. 7.12. The OM’s overview report to the Parole Board must contain: the author’s role and qualifications/expertise knowledge of the prisoner including how the report writer knows the prisoner the sources used to compile the report, including implications if no independent account of the offences has been obtained an analysis of the index offence, including the offender's attitude and motivation at the time, and subsequently an analysis of any previous offending history, including patterns of offending and the risks of serious harm and of re-offending at the time of the offence any relevant victim information, including subsequent contact by the probation service with the victim confirmation of request for and status of the VPS relevant information about the personal circumstances of the offender details of interventions undertaken and progress made against sentence plan objectives during the prison sentence to address the risk of harm and of reoffending, and an analysis of their impact on the level of risk details of the offender’s behaviour in prison, including any changes in his/her motivation and compliance during the sentence and adjudications and drug test results, including an assessment of the impact on the overall level of risk a current risk assessment, including a summary of different staff views, drawing on the other reports from the parole dossier, and the evidence from assessment tools which have been used such as OASys, Risk Matrix 2000 or SARA. This should distinguish between the assessed likelihood of reoffending, and the risk of serious PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 27 harm to the offender a re-settlement and sentence plan which must include an assessment of the risks the offender poses if released now and the key relapse indicators a risk management plan to address any risks the offender poses if released now. It should include any MAPPA involvement and relevant multi-agency planning undertaken or to be undertaken. This should include details of any additional licence conditions (over and above the standard conditions) being proposed, with a clear explanation of the purpose and necessity of each condition. Addendum PAROM 1+ template 7.13. The purpose of the addendum PAROM 1+ is to provide a structure for OMs to build on their original reports, where one has previously been completed, rather than have to repeat material covered in the earlier report. The report for the first Parole hearing must always be on the full PAROM 1 template. Thereafter, the addendum PAROM 1+ should only be used in specific situations: 7.14. if the OM is the author of the original PAROM 1, if the OM is not the author of the original PAROM 1 but endorses the risk assessments in that report, However, if the OM is not able to endorse the risk assessments in that report, the full PAROM 1 should be completed. Offender Supervisor’s report: SPR L 7.15. The purpose of the SPR L is to enable the OS, who works closely with the prisoner, to provide an assessment of the offender’s risk, drawing on their attitudes and behaviour in prison, noting any patterns or association with previous offending, and identifying compliance with and report on progress against risk levels identified in the sentence plan. 7.16. As it is now mandatory for an OS to be assigned to each case, who will receive the relevant training to fulfil their role, the expectation is that this replaces the need for a Prison Service Designated Service Manager and the associated report (SPR K). 7.17. The OS report should contain: knowledge of the prisoner including how the report writer knows the prisoner qualifications and experience of the report writer an account of the index offence, including the offender's attitude and motivation an analysis of any previous offending history, including patterns of offending and the risks of serious harm and of re-offending at the time of the offence any relevant victim information, including subsequent contact by the probation service with the victim relevant information about the personal circumstances of the offender details of the offender’s engagement with the sentence plan and progress against objectives in the plan details of interventions undertaken or planned to address both the risk of harm and of re-offending, and an analysis of their impact an analysis of the offender’s behaviour in prison, including patterns of behaviour, changes in motivation or compliance, any adjudications and drug test results, and the impact of these on the overall risk posed by the offender where the report is being provided for an SPR meeting, an account of links the offender has to the community, including family relationships, and level of contact maintained during the sentence. (Where this is being completed for a parole review, the OM will cover this in his/her report) an assessment of whether the offender has demonstrated a reduction in the risk of PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED 7.18. PAGE 28 serious harm s/he poses to the public an overall assessment of the prisoner’s current risk to the public, including evidence from assessment tools which have been used such as OASys, Risk Matrix 2000 or SARA and previous sections of the report. This should distinguish between the assessed likelihood of reoffending, and the risk of serious harm the offender poses recommendations in relation to further actions or interventions required to reduce the level of risk the offender poses. All reports prepared for a Parole Board review must be e-mailed to the person who requested the report, rather than posted or faxed in hard copy, so that they can be uploaded to the PPUD. Any report that cannot be sent electronically must be scanned by the holding establishment so that it can be uploaded. Other reports and information 7.19. Where other reports are required, staff completing these should ensure they use the relevant template provided at annexes E to J and provide an assessment which draws on the offender’s most recent OASys and Risk of Serious Harm assessments. 7.20. In some cases, it may be that the Multi-Agency Public Protection Panel (MAPPP) plans should inform parole decisions. Where this information is not immediately available via the PAROM 1 report, an executive summary of the MAPPP meeting relating to the prisoner must be included in the dossier following consultation with the information owner. Quality assurance and countersigning 7.21. All SPR reports, in particular the OM report, addenda and OS report are to be reviewed by a line manager who should ensure that the report follows the guidance, and addresses all the areas outlined in the templates provided at Annexes L and K respectively before they are submitted. For both the PAROM 1 and SPR L, once they are satisfied with the quality of the report, each manager should countersign the relevant report before it is submitted. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 29 8. The Challenge Process for Generic Parole Process-Determinate performance data 8.1. The GPP-D will be subject to centrally monitored performance indicators and PPCS will issue data on the production of completed dossiers by establishments and PAROM 1s by probation on a monthly basis. Governors must put measures into place to ensure that these performance indicators are met. If there is information that prison staff believe to be inaccurate, or if there is a reasonable excuse for a late dossier, this data can be contested via the Challenge Process. 8.2. If staff in establishments believe that the raw data is not accurate this should be raised by sending an e-mail to the Quality Assurance Team at parolehelpdesk@noms.gsi.gov.uk . Full reasons for the challenge should be given and the challenge form attached to the raw data must be used. 8.3. If a challenge is accepted the late dossier will be removed from the performance figures for that establishment and the establishment’s recorded dossier performance will be adjusted to reflect this. 8.4. If a challenge is rejected and the establishment is not satisfied with the decision, the challenge can be escalated to an appropriate manager within PPCS. The notification of the rejection will provide contact details for the relevant manager. The timetable for the issuing of the raw data and the challenge process is set out in the notification covering the issuing of the raw data. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 30 9. Creation and deletion of PPUD accounts 9.1. Staff in establishments wishing to obtain a PPUD login account must first complete the GPP and PPUD training course. Staff should consult Phoenix for details of course dates and how to book a place. Once the course is completed the new user will be assigned an account by PPCS, upon receipt of a completed login request form. It should be noted that each account is user specific and under no circumstances should members of staff log in with an account that is not their own. However, PPCS staff will be running training for prison staff responsible for the GPP-D throughout 2013 and details of this training will be made available in PPCS newsletters or through the PPCS Parole Helpdesk. 9.2. As each active user account has an associated cost, it is important that redundant accounts are closed down if a member of staff leaves the service or is transferred to a post where they no longer need access to PPUD. In these situations the line manager of the member of staff must contact the PPCS Quality Assurance Team in order to inform them that a user should be removed. If guidance is required staff should contact the Parole Helpdesk at parolehelpdesk@noms.gsi.gov.uk . PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PPUD naming conventions in chronological order PAGE 31 Annex A 203 - Initial documents (put under “Personal”) LISP1 Acknowledgement letter Change in Tariff/Review & Covering letter CoA Orders and Judgements Covering letter to OMU First review notification Sentencing remarks 204 – Source Planning Documents (put under “Personal”) E-mail chasing CSD LISP2 MARAP Media reports MG5 Miscellaneous CSD Police Protocol Post-sentence report Pre-cons Pre-sentence report Pre-trial medical report Prosecution case summary Victim’s charter information Warrant 205 - HMP Tariff Reviews (put under “Personal”) Covering letter to LIMIT Full dossier High Court recommendation Invitation letter Reply slip Representations Request Representations Request TARs Sift Proforma Skeleton dossier SofS decision – prisoner SofS decision – solicitor SofS decision – VLO Victim Impact Statement 206 – LIMIT (put under “Personal”) Decision - full judgment PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 32 Decision – Order Explanation note to prisoner New applications 207 – Reviews- Indeterminate (put under “Current Review”) Advance Review - prisoner Advance Review Request Agree to deferral - prisoner Change in review date following escape - prisoner Changes re advancing 1st review Deferral request to PB - prisoner Dossier disclosure letter and acknowledgement of receipt Full Dossier Guittard – application Guittard – decision ICM directions Knockback notification – prisoner OH Notification - exact date OH timetable Open acceptance – prisoner Open recommendation proforma Open rejection – prisoner Open rejection submission to Minister Panel Chair Directions PB Oral hearing request – accepted PB Oral hearing request – refused PB Decision - knockback or release PB Decision - recommend transfer to open PPA referral proforma Pre tariff Sift - application Pre tariff Sift - decision Prisoner's Reps Refuse deferral - prisoner Request to defer review Review Request - OMU Secretary of State's Non Proforma Secretary of State's View Core Dossier 208 – Release (put under “Releases”) IPP Licence Life Licence Determinate Licence Release Details – ACO PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 33 Release Details – Prison Release letter to NIS Release Proforma minute Release Statistics Sheet 209 - Failure In Open/Adverse Developments (put under “Failure in Open Conditions”) Adverse developments following release direction - prisoner Advice Case Dossier Cancellation/reimposition - proforma Covering Letter for written warning Developments affecting release date - prisoner LISP4 Notification to NIS Notification to prisoner - continued suitability for open Notification to prisoner - removal from open PB advice - remain in closed PB advice- return to open Referral note to PB - cancellation or reimposition of licence conditions Remain suitable for open - prisoner Request for cancellation/reimposition - Probation report Temp Removal from open - prisoner Variation Order - cancellation Variation Order - reimposition Warning Letter Warning Letter - community 210 – Supervision (put under “Post Release”) Letter to ACO - agree to cancel Letter to ACO - considering cancellation request Letter to ACO - PB agree to cancel Letter to ACO - PB decision on termination of IPP licence Letter to ACO - refusal to cancel Letter to ACO - reimposition Notification to NIS - death of a licensee Termination of IPP licence - PB referral note Termination Order 211 – Correspondence (put under “Current Review”) Consent form - 3rd party disclosure DPA photocopies - Branston Covering letter General Correspondence Legal Correspondence Letter Before Action MP's/Minister's Correspondence PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 34 Response to Director General cases Response to MP's/Minister's correspondence Responses to Treat Official letters Treat Official 212 - Judicial Reviews (put under “Current Review”) AoS Consent Order Summary of Grounds - draft Summary of Grounds - final Witness Statement 213 - Compassionate Release (put under “Current Review”) Compassionate release - Governor's request Compassionate Release proforma Compassionate Release submission Referral note to PB 214 – Mental Health (put under “Current Review”) Dossier disclosure letter to RMO following previous knockback Dossier disclosure letter to RMO following tribunal Dossier disclosure to PB Dossier Template Notification of decision against release Release direction notification – RMO Report Request – OM letter Review - on tariff/expired 215 - FNPs/Restricted Transfers (put under “Current Review”) Change of review details - prisoner Dossier disclosure letter Letter to Cross border Transfer Section providing details of tariff & PB review process Letter to Holding prison explaining review process & requesting reports for PB review Letter to PB - immigration status Letter to prisoner received in England & Wales on inward unrestricted transfer Referral of case to Cross Border Transfer Section to consider change in transfer status UKBA proforma Chronology of immigration history 216 - Post Release Recall (put under “Recalls(PPU)”) Recall Documents Revocation Order - Emergency Recall Revocation Order - Standard Recall Reps pack (incl Reasons) PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 35 Non-disclosure information Representations Annex H Recall Notification to Probation/Prison RTC Notification to Probation/Prison PB Decision - No Recommendation Release PB Decision - Release S of S Decisions Rescind of Recall Other 218 - HDC (put under “Recalls(PPU)”) Acknowledge/Read/Delivery confirmations (E-mails) Annex E Annex H Compensation claim Dossier front Cover for 1st Review HDC 11- Licence amendment HDC(7) - Instal instructions Hearing Date Notification Letter Letter Before Action Monitoring Contractor -All Events log Monitoring Contractor Breach report OASys Report Oral review Notification to Prison/Prisoner Other Reports (from Offender Manager, Clearsprings, Police) PB decision PB decision Letter Police Charge Sheet Pre-Sentence reports Previous Convictions Proforma Referral - Croydon PUHDC(6) PUHDC(7) PUHDC(8) PUHDC(9) Reasons Recall Advice Cover including Revocation Order Release Licence Representations (Prisoner, Legal Rep, Other) Request other information Rescind Notice Section 254 Appeal Pack PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 36 Section 39 Appeal Pack SPPU-RPT Appeal Decision SPPU-RPT Consideration SPPU-RPT File minute SPPU-RPT Investigation reports (EM, Equip Invest report) Team Record Sheet Tsol Referral Letter 219 – Annual Review Post Recall (put under “Review”) Compensation claim Disclosable Victim Statement Dossier –for OH Dossier –prison copy Hearing Date Hearing Date Notification Letter ICM Directions Letter Before Action Non-disclosable Documents Notification of Oral Hearing Notification of Oral Hearing Letter Notification of review commencement Other Reports/Documents Receipt Other Reports/Documents Request Panel Chair Directions Panel Chair/ICM Directions Letter Parole Board decision Letter PB decision Team Record Sheet Tsol Referral Letter Witness Attendees 220 - Licence Variations –Determinate (put under “Post Release”) Decision letter Dossier Front Cover sheet Licence PB Decision Release licence Issue Letter Team Record Sheet Variation request 220 - Licence Variation – Indeterminate (put under “Post Release”) Decision letter Dossier PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 37 Front Cover sheet Licence PB Decision Release licence Issue Letter Team Record Sheet Variation request 221 – Resettlement Abroad – Determinate (put under “Post Release”) Decision letter Request to resettle Team Record Sheet 222 - Electronic Monitoring as Licence Conditions (put under “Review”) Cover sheet to PB EM 1 Form Issue Decision to Prison/Probation/Monitoring Co MAPPA Minutes/Parole Report PB Decision Pre-Sentence Report Previous Convictions Request Team Record Sheet Variation Requests 223 – ERS Breach Notification (put under “Unusual Events”) Breach report ERS Breach Notification Team Record Sheet UKBA Documents 224 – ISP representations (put under “Review”) Adjudications Court Documents Issue Dossier Letter Issue Dossier Letter to Prison ISP Recall Reasons Notice of Return to Custody Proforma to casework team Recall Dossier Representations Team Record Sheet 225 – Non disclosure (put under “Review”) Compensation claim PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 38 Consideration proforma Decision letter Letter Before Action Non Disclosure Document Non-Disclosure Application Submit Application Team Record Sheet Tsol Referral Letter 226 – Post Release Reviews – Annual Review (put under “Review”) Compensation claim Disclosable Victim Statement Dossier Hearing Date Hearing Date Notification Letter ICM Directions Letter Before Action Non-disclosable Documents Notification of Oral Hearing Notification of Oral Hearing Letter Other Reports/Documents Receipt Other Reports/Documents Request Panel Chair Directions Panel Chair/ICM Directions Letter Parole Board decision Letter PB Decision Team Record Sheet Tsol Referral Letter Witness Attendees 226 - Post Release Reviews - Oral following Recall (put under “Review”) Compensation claim Disclosable Victim Statement Dossier Hearing Date Hearing Date Notification Letter ICM Directions Letter Before Action Non-disclosable Documents Notification of Oral Hearing Notification of Oral Hearing Letter Other Reports/Documents Receipt Other Reports/Documents Request Panel Chair Directions PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 39 Panel Chair/ICM Directions Letter PB Decision PB Decision Letter Team Record Sheet Tsol Referral Letter Witness Attendees 230 – Reviews - Determinate (put under “Current Review”) Agree to deferral - prisoner Change in review date following escape - prisoner Core Dossier Deferral request to PB - prisoner Directions Dossier disclosure letter and acknowledgement of receipt Full Dossier Knockback notification - prisoner Notification of Parole Review OH Notification - exact date OH timetable PB Oral hearing request - accepted PB Oral hearing request - refused PB Decision - knockback or release PPR referral proforma Prisoner's Reps Refuse deferral - prisoner Request to defer review Secretary of State's Submission PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 40 Annex B The Criminal Justice Secure eMail (CJSM) Accounts CJSM Background The CJSM service is an important part of the process of joining up the Criminal Justice System (CJS) in England and Wales. It allows people working in the Criminal Justice System and those working to prevent crime, including public, private and voluntary organisations, to send emails containing information up to an equivalent of ‘Restricted’ (i.e. sensitive data), in a secure way. This has made it possible for key groups of people to send emails securely to each other. CJSM uses a dedicated server to securely transmit emails between connected Criminal Justice practitioners. Once connected, practitioners can use CJSM to send secure emails to each other and to Criminal Justice Organisations. Criminal Justice Organisations already have a secure email, as they are connected to secure Government networks. However, the CJSM service will enable other people and organisations involved in the Criminal Justice process, such as defence solicitors, YOTs, barristers, local authorities and victims and witness groups to send and receive secure emails as well. Public Protection Casework Section (PPCS) case managers and Prison staff PPCS case managers and prison staff must only email GPP-D related material to a law firm / Solicitor via a CJSM account. A CJSM domain is usually abc.def@Lawfirm.com.cjsm.net PPCS case managers and prison staff must not send any material to a non CJSM email account, and if they are requested to do so, they must direct the law firm/solicitor to the www.cjsm.net website and encourage solicitors to sign up and obtain a CJSM account. Under strict rules from the Office for Criminal Justice Reform (OCJR) all law firms/solicitors are required to be sponsored by a government body in order for them to obtain a CJSM email account. If law firms/solicitors request for PPCS case managers to sponsor them, PPCS Case Managers will need to ensure to the CJSM application process that: The law firm/solicitor is known to case Managers and are regularly communicated with (not necessarily by email but phone and letter as well). The law firm/solicitor resides at the address they have supplied (i.e. post mail is sent to their supplied address). The email address has a secure domain i.e. xxxx.xxxx@noms.gsi.gov.uk The above checks will be made by CJSM if the law firm/solicitors details need verifying. There is no cost to sponsor firms, however ultimately, the final decision in sponsoring a law firm/solicitor rests with PPCS Heads of Casework. PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 41 Annex C Prisoner Name: Prisoner number: HMPrison/YOI: Review Number: PED: NPD: NOTIFICATION OF PAROLE REVIEW You become eligible to be considered for release parole in six months time. This means that the Parole Board will consider your case and will decide whether or not you should be released on licence on or after your Parole Eligibility Date (PED). As part of your review, reports will be prepared on your progress and these will be disclosed to you. You will also have the opportunity to make representations to the Parole Board in support of your application for parole. It is not possible for you to opt out of the parole process. Release on parole is not automatic. If you are not successful you will still be released on licence after serving two-thirds of your sentence/at the expiry of your custodial term*. (Delete as applicable) Signed PSI 19/2013 – PI 09/2013 Date PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PAGE 42 Annex D PSI 19/2013 – PI 09/2013 UNCLASSIFIED UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PSI 19/2013 – PI 09/2013 UNCLASSIFIED PAGE 43 UPDATE - ISSUE DATE 17/09/2013 UNCLASSIFIED PSI 19/2013 – PI 09/2013 UNCLASSIFIED PAGE 44 UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED PAGE 45 UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 46 Annex E Sentence Planning and Review Report By Key Worker SPR D H M P/Y O I: Sentence Planning and Review Report Date: Forename/s: Family Name: Prison Number: Security Category: Report Template You must familiarise yourself with the offender’s offence, offending history and Sentence Plan objectives before completing this report. Consult with the Offender Supervisor if necessary. The Sentence Planning and Review Report provides information and/or evidence to the Offender Manager via the Offender Supervisor. The report must focus on the offender’s progress against his/her Sentence Plan, with particular emphasis on the offender’s risk of serious harm to the public and his/her risk of re-offending. Risk of re-offending relates to the likelihood of the prisoner committing any offence once released into the community. Serious PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 47 harm is defined as: An event that is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. Risk must be assessed on the basis that the offender is to be released into the community immediately. In other words, the fact that the prisoner is in custody should not be a factor in determining risk. The relative levels of risk are described in Chapter 8 of the OASys Manual. 1. Knowledge of the prisoner 2. Sentence plan 3. Response to the sentence plan 4. Behaviour in prison 5. Other information 6. Current risk to the public 7. Sentence plan recommendations Report Writers Name: Signature: PSI 19/2013 – PI 09/2013 Date: PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 48 Countersign Name and Role: Signature: Date: Office Base Address: Contact Telephone Number: Extension: Email address: PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 49 Annex F Sentence Planning and Review Report By Psychologist SPR E H M P/Y O I: Sentence Planning and Review Report Date: Forename/s: Family Name: Prison Number: Security Category: Report Template The areas below outline the main issues to be covered by a psychologist’s report. You must familiarise yourself with the offender’s offence, offending history and Sentence Plan objectives before completing this report. Consult with the Offender Supervisor if necessary. The Sentence Planning and Review Report provides information and/or evidence to the Offender Manager via the Offender Supervisor. The report must focus on the offender’s progress against his/her Sentence Plan, with particular emphasis on the offender’s risk of serious harm to the public and his/her risk of re-offending. Risk of re-offending relates to the likelihood of the prisoner committing any offence once released into the community. Serious harm is defined as: An event that is life-threatening and/or traumatic, and from which recovery, PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 50 whether physical or psychological, can be expected to be difficult or impossible. Risk must be assessed on the basis that the offender is to be released into the community immediately. In other words, the fact that the prisoner is in custody should not be a factor in determining risk. The relative levels of risk are described in Chapter 8 of the OASys Manual. 1. Knowledge of the prisoner 2. Attitude to index offence 3. Insight into identified risk factors 4. Behaviour in prison 5. Sentence plan 6. Reduction in risk 7. Additional information Report Writers Name: Signature: Date: Countersign Name and Role: Signature: Date: Office Base Address: Contact Telephone Number: Extension: Email address: PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 51 Annex G Sentence Planning and Review Report By Healthcare SPR F H M P/Y O I: Sentence Planning and Review Report Date: Forename/s: Family Name: Prison Number: Security Category: Information disclosed within this report must be within the limits of patient confidentiality. It may be completed by a member of healthcare staff, but must be countersigned by a Senior Medical Officer Report Template You must familiarise yourself with the offender’s offence, offending history and Sentence Plan objectives before completing this report. Consult with the Offender Supervisor if necessary. The Sentence Planning and Review Report provides information and/or evidence to the Offender Manager via the Offender Supervisor. This report must relate the offender’s physical and/or mental health to his/her ability to PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 52 progress against the Sentence Plan, with particular emphasis on the offender’s risk of serious harm to the public and his/her risk of re-offending. Risk of re-offending relates to the likelihood of the prisoner committing any offence once released into the community. Serious harm is defined as: An event that is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. Risk must be assessed on the basis that the offender is to be released into the community immediately. In other words, the fact that the prisoner is in custody should not be a factor in determining risk. The relative levels of risk are described in Chapter 8 of the OASys Manual. Knowledge of the prisoner PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED 1. Allocation 2. External appointments 3. Self-harm 4. Attitudes and behaviour 5. Risk to the public 6. Reduction in risk 7. Additional information PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED PAGE 53 UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 54 Report Writers Name: Signature: Date: Countersign Name and Role: Signature: Date: Office Base Address: Contact Telephone Number: Extension: Email address: PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 55 Annex H Sentence Planning and Review Report By Psychiatrist SPR G H M P/Y O I: Sentence Planning and Review Report Date: Forename/s: Family Name: Prison Number: Security Category: 1. Knowledge of the prisoner 2. Diagnosis 3. Placement 4. External appointments PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED 5. Risk to the public 6. Release and resettlement 7. Additional information PAGE 56 Report Writers Name: Signature: Date: Office Base Address: Email address: Contact Telephone Number: Extension: PSI 19/2013 – PI 09/2013 UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PROTECT WHEN COMPLETED PAGE 57 Annex I Sentence Planning and Review Report By Security SPR H H M P/Y O I: Sentence Planning and Review Report Date: Forename/s: Family Name: Prison Number: Security Category: This report is disclosed in accordance with PSI 61/2010 – Handling of sensitive information provided by Criminal Justice Agencies For the above applications to made there must be evidence that nondisclosure is necessary in order to: Ensure national security Prevent disorder or crime Safeguard the health and welfare of the prisoner or others, including victim PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 58 Report Template 1. Security information 2. Allocation 3. Additional information Report Writers Name: Signature: Date: Countersign Name and Role: Signature: Date: Office Base Address: Email address: Contact Telephone Number: Extension: PSI 19/2013 – PI 09/2013 UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PROTECT WHEN COMPLETED PAGE 59 Annex J Sentence Planning and Review Report: Offender’s Comments SPR J H M P/Y O I: Sentence Planning and Review Report Date: Prison Number: Name: Note: wherever possible you should limit your comments to this form. Additional papers may cause delays in reviewing your reports. PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 60 Have you seen your Sentence Plan? Have you seen all the Review Reports? Do you have any comments about what has been written to you? Self-Assessment What progress do you feel you have made through your sentence to date? What further work do you still feel you need to do? Additional Information Do you want to make any further comments? Name: Signature: PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 61 Annex K SENTENCE PLANNING AND REVIEW REPORT BY SPR L OFFENDER SUPERVISOR FOR ALL DETERMINATE SENTENCE PRISONERS HMP/YOI Sentence Planning and Review Report Date Forename/s Family name Prison number Security category DOB REPORT TEMPLATE You must familiarise yourself with the offender’s offence, offending history and Sentence Plan objectives as well as any other reports or relevant information before completing this report. You should consult with the Offender Manager. The Sentence Planning and Review (SPR) Report provides information by the Offender Supervisor to the SPR meeting. The report must focus on the offender’s progress against his/her sentence plan, with particular emphasis on the offender’s risk of serious harm to the public and his/her risk of re-offending. Risk of re-offending relates to the likelihood of the prisoner committing any offence once released into the community. Serious harm is defined as: An event that is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. Risk must be assessed as if the offender were to be released into the community immediately. In other words, the fact that the prisoner is in custody should not be a factor in determining risk. The relative levels of risk are described in Chapter 8 of the OASys Manual. NOTE: IF THIS REPORT IS FOR A PRE-PAROLE SPR MEETING, THE OFFENDER MANAGER WILL ALSO PREPARE A PAROLE REPORT USING TEMPLATE PAROM 1. PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 62 The report should be set out in the following way using ALL of the headings below 1. Knowledge of the prisoner 2. Qualifications and experience of report writer 3. Attitude to index offence 4. Analysis of previous offending 5. Sentence Plan and Response 6. Behaviour in prison 7. Community links (for a pre-parole SPR meeting, these areas will be covered by the OM) 8. Reduction in risk 9. Victim information 10. Additional Information 11. Assessment of the prisoner’s current risk to the public 12. Recommendations PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED Report Writer’s Name Signature PAGE 63 Date Role: Office/Base address Email address Contact telephone number Ext COUNTERSIGNER: The countersigner should be satisfied that the report author has sufficient knowledge of the prisoner and appropriate skills/experience in risk assessment. The countersigner is endorsing the content and quality of the report to enable the Parole Board to make a risk based decision. Countersigner Signature Name Role PSI 19/2013 – PI 09/2013 Date PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 64 Annex L Parole Assessment Report Offender Manager (PAROM 1) HMP/YOI Forename/s Prison Number Sentence Date/s of previous PAROM 1 Report Date Family Name Prison Category 1. SOURCES 2. RISK SCORES Static Risk Scores: OGRS score: Time of Sentence OGRS score: Now Risk Matrix: Time of Sentence Risk Matrix: Now OASys Scores: OASys Risk of Reoffending: Time of Sentence OASys Risk of reoffending: Now OASys Risk of Serious Harm level: Time of Sentence OASys Risk of Serious Harm level: Now SPRP score: Any other known risk score (including Offender Violence Predictor [OVP]): 3. KNOWLEDGE OF THE PRISONER 4. QUALIFICATIONS AND EXPERIENCE OF REPORT WRITER 5. INDEX OFFENCE 6. PREVIOUS OFFENDING HISTORY PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 65 7. ANALYSIS OF RISK OF SERIOUS HARM AND REOFFENDING AT THE TIME OF SENTENCE . 8. VICTIM INFORMATION Victim issues: Checklist 1. As part of designing the Risk Management Plan you must contact the VLO. On what date did you do this? 2. Have you informed the VLO of the hearing date? On what date did you do this? 3. Are the victims engaged in the victim contact scheme? 4. Do victims wish to submit a Victim Personal Statement? 9. RELEVANT INFORMATION ABOUT THE OFFENDER 10. INTERVENTIONS TO REDUCE RISKS 11. BEHAVIOUR IN PRISON 12. CURRENT RISK ASSESSMENT 13. RESETTLEMENT & SUPERVISION PLAN 14. RISK MANAGEMENT PLAN 15. RECOMMENDATION 16. SIGNATURE AND DATE Name Countersignature Probation Trust Office address Email address Contact telephone number PSI 19/2013 – PI 09/2013 Signature Role Date Date Extension PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 66 Annex M Addendum Parole Assessment Report Offender Manager PAROM 1+ HMP/YOI: Forename/s: Family Name: PAROM 1 Report date: Date today: Prison Number: Security Category: Sentence: Date of Previous Parole Review: Please note: If any there is any information included that have non disclosure issues attached to them, please refer to PI 20/2010 for guidance and advice as to how to proceed. Then this information must be provided under a separate cover and marked “NOT FOR DISCLOSURE TO THE OFFENDER”. To be completed only if criteria in guidance notes apply 1. EITHER I confirm risk scores have not altered since the previous PAROM 1 Report [dated ] OR indicate how any relevant risk score has changed since the PAROM1 report: Static Risk Scores OGRS3 risk of reconviction now % in 1 year L/M/H % in 2 years L/M/H Risk Matrix (RM2000) now sex L/M/H; violence L/M/H; combined L/M/H OASys Scores OVP risk of reconviction now % in 1 year L/M/H % in 2 years L/M/H OGP risk of reconviction now % in 1 year L/M/H % in 2 years L/M/H OASys risk of serious harm now L/M/H to children L/M/H to the public L/M/H to a known adult PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 67 Any other available risk scores Please indicate as applicable: EITHER I confirm I am the author of the previous PAROM 1 Report [dated ] OR I am not the author of the previous PAROM 1 [dated ] but I confirm that I endorse risk assessments and other key information contained in that report. 2. What is your response to the request in the directions or decision letter? Show sources of information used for this Addendum report, including detail of whom you have spoken to or liaised with, where applicable 3. What changes to the case have arisen since the original PAROM1 was prepared? What impact does this information have on the current risk management plan? OR mark box to indicate that no significant changes in the case have occurred. I confirm there have been no significant changes, including in relation to Victim issues/Victim Impact Statement since the last review. 4. Victim issues: 1. As part of designing the Risk Management Plan you must contact the VLO. ON what date did you do this? 2. Have you informed the VLO of the hearing date? On what date did you do this? 3. Are the victims engaged in the victim contact scheme? Y/N 4. Do victims wish to submit a Victim Personal Statement? Y/N This information will be disclosed to the offender so if there is sensitive information please think about how to present this. 5. Are there diversity issues relating to the offender which may affect his/her ability to engage at the Oral Hearing (eg. learning difficulties, hearing impairment, physical disability, mental health issues, literacy problems, interpreter required, etc.)? 6. Recommendation PSI 19/2013 – PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PROTECT WHEN COMPLETED PAGE 68 Name: Signature: ................................................................ Date: Countersignature: …………………………….. Role: Date: Probation Trust: Office Base Address: Email Address: Contact Telephone Number: PSI 19/2013 – PI 09/2013 Extension: PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 Annex N PAROM 1 Evaluation Tool Guide to completion Evaluate the PAROM1 against each of the criteria below using the questions and indicators described. Score each question for each criterion using the following scale: 0 = poor – few, if any, relevant issues covered and all unsatisfactorily 1 = inadequate – not all relevant issues covered and those which are, are covered unsatisfactorily 2 = adequate – most relevant issues covered satisfactorily 3 = good – all relevant issues covered well Write any explanatory notes in the “Assessor Comments” boxes. This provides an opportunity to comment on issues not highlighted in the questions/ indicators but which assessors feel are relevant in the case. Overall, this enables assessors to highlight the evidence they have relied on in making their assessment and enables themes to be identified in the national evaluation. The total score for each criterion should be the mean (average) of the scores for each question. Criterion Author Are role and qualifications/expertise of author set out? Has author stated extent of knowledge of prisoner? Does the author indicate quality of relationship between them and offender and implications for assessment? Assessor Comments Indicators Establishes how much weight can be given to the author’s assessment/opinion Knowledge, experience and qualifications in risk assessment and management Number and type of contacts (face-to-face, video link, telephone, correspondence) Criterion Sources Indicators Enables Parole Board to judge how accurate, reliable, valid, recent and complete the evidence is Are sources dated? Have all sources (written evidence and consultation with people working with prisoner) been listed? Has author reported they have had access to an independent account of offences and if not, what the implications are for their assessment? Does report integrate old and new data from multiple sources? PSI 19/2013 - PI 09/2013 Score 0 - 3 Total 0 - 3 Score 0 - 3 Has author stated limitations of assessment if reliant solely on prisoner’s account? Have they identified what issues need further exploration if not all info available? Does report author draw a conclusion where discrepancies arise? Is their view supported by evidence? Has the author corroborated key pieces of evidence? For PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 69 IPP cases, has the author seen all prison reports before drafting PAROM1 and summarised their conclusions, addressing agreement and/or differing views? Has the author identified key pieces of missing information and explained implications of missing information for their assessment? Has the author ensured sensitive/non-disclosable information is not included? Assessor Comments Criterion Prisoner’s Background Has author ensured victims not inappropriately identified? Has author given reader indication that additional non-disclosable information is available separately? Total 0 - 3 Indicators Appropriate reliance on historical information Score 0 – 3 Is the background information in the report relevant to the assessment of risk or identification of risk/protective factors? Assessor Comments Criterion Analysis of Offending Total 0 - 3 Does the report identify all relevant risk factors, motivations and triggers? Indicators Demonstrates analysis of the evidence bearing in mind the referral question: risk of re-offending and/or serious harm Insight demonstrated, level of responsibility accepted, justification, motivation and attitudes to offending. Has there been a comparison of accounts given e.g. to PSR writer and PAROM1 author or compared with judge’s remarks? Is there sufficient factual information of what occurred before, during and after offence: behaviour, attitudes, relationships, emotions, physical, cognitive and sexual elements? Has victim information been included? Does author identify patterns, themes, links between different offences/behaviours and between attitudes and behaviours? Are unique features of behaviours identified? Has author considered previous convictions as well as index offence? Is there a clear formulation or working hypothesis to make sense of the risk presented by the prisoner? Has author identified relationships between risk factors? Has author explained this type of offending, in this context, to this victim? Risk factors defined as features of offender’s personality, attitudes, behaviour, relationships, environment, personal circumstances which increase/decrease risk. PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED Has author described how offender’s account has changed over time, if at all, and significance of this for assessment of risk? Is there an adequate and accurate description of all relevant offences and un-convicted offending? Does the report include an adequate analysis and not just a description of offending? Score 0 – 3 UPDATE - ISSUE DATE 17/09/2013 PAGE 70 Have static and dynamic factors been identified? Does the report identify positive/protective factors? Has the author discussed relevance of the offender’s insight and acceptance of responsibility/denial in assessing risk? Assessor Comments Criterion Evidence of Change Has the author assessed the prisoner’s motivation and engagement with sentence plan? Has the author analysed the impact of relevant interventions on the prisoner’s level of risk? Has report analysed the presence/absence of key indicators of increasing or decreasing risk including behaviour and attitudes? Total 0 - 3 Indicators Demonstrate a clear analysis of change backed by evidence, not just opinion Score 0 – 3 Has the author tracked changes in behaviour and attitudes against completion of interventions along a timeline to monitor impact of interventions? Have they analysed post-programme or end of treatment reports? Focus on learning, motivation and application of new skills Adjudications, MDTs, wing behaviour, conduct on ROTL, IEP, security info, qualifications. Comment on significance of absence/presence of behaviours e.g. is the offending behaviour situation-specific? Does environment influence likelihood of observing behaviour? Does the report identify offence-paralleling or offenceapproach behaviour observed in custody? Has the author indicated whether behaviour is managed by internal processes or external controls? Has the report analysed relationships with staff and other prisoners and relevance to risk? Has the author commented on the significance of the prisoner’s behaviour and attitudes (referred to in previous section) for overall assessment of risk? Has the author assessed the capacity of the prisoner to change? Assessor Comments Are there learning disabilities/personality attributes which might limit ability to change? Criterion Current Risk of Serious Harm and Likelihood of Re- Indicators Author provides their own assessment of risk taking into account relevant PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED Total 0 – 3 Score 0 – UPDATE - ISSUE DATE 17/09/2013 PAGE 71 offending Are specialist/actuarial assessments interpreted in context of wider risk information? If the author supports or departs from the actuarial assessment scores, is their rationale clear? Are the author’s assessments of RoSH and LoR clearly stated? Is it clear over what time period risk is being assessed? actuarial/specialist assessments and evidence in custody Are specialist and actuarial assessments quoted and dated in the report? OASys, RM2000, SARA, psychological. Are the reasons for reaches in scores explained? How assessment applies to this individual given tools based on general group of similar or different offenders Do they give their own interpretation of the evidence rather than just quote the OASys or other tools? Do they state the level and meaning for this prisoner? Does the author indicate the current nature and imminence of risk, circumstances in which risk will occur and to whom? Have they considered the parole period e.g. for DCRs? Does this link to conclusion? Assessor Comments Criterion Risk Management Planning Does the report anticipate type and likelihood of circumstances arising in which risk might increase to an unacceptable level? Have all identified risk factors been addressed in risk management plan? (Unless risk sufficiently low not to merit further action/management or factor not susceptible to change e.g. static factor) Does each protective factor have a corresponding element in the risk management plan? Is there a SMART Risk Management Plan outlining precise licence conditions requested to manage identified risks Does the author comment on offender’s likely compliance with conditions? Assessor Comments PSI 19/2013 - PI 09/2013 3 Total 0 - 3 Indicators Demonstrate RMP adequate to address/manage outstanding risks and monitoring to detect if risk increasing. Has the author considered future circumstances which might reflect previous offences bearing in mind changes e.g. in domestic relationships? Score 0 – 3 Indicate how would detect increasing risk which might need additional licence condition/recall. In cases where release is being considered for Medium, High and Very High Risk prisoners, has the RMP drawn on risk management planning arising from MAPPA? Has Victim Liaison Officer information informed plans to protect victim? If release is being considered, has a home circumstances report been conducted/ reported? Are conditions necessary and proportionate given assessment of risk? Does it include monitoring, control, interventions? How will plan be implemented? Significance of motivation/engagement in sentence plan as indicators of likely compliance with RMP Total 0 - 3 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 72 Criterion Conclusions Does the author draw conclusions about the level of risk which the prisoner would present if the risk management plan were in place? Does author make a firm recommendation relevant to test to be applied in the relevant case? Indicators Link explicitly to stage of sentence e.g. pre-at/post tariff expiry and therefore decision/recommendation to be made by the Parole Board Does author indicate what the referral question is e.g. suitability for release/open based on LoR or RoSH? Has the author stated the acceptability of the risk in open conditions and/or in the community? Has the report been signed off by the author’s line manager to confirm that the report fulfils its purpose? Assessor Comments Total 0 - 3 Criterion Effective communication Indicators Produce a well structured report that works logically through to a clear conclusion. Does the author communicate clearly? Avoid jargon, use plain English, concise summaries of information, accurate spelling and grammar Have they addressed the Parole Board tests for release or transfer to open conditions? Have they communicated their knowledge and evidence? Where conflicting information or assessments, has the author drawn own conclusion based on evidence? Are points in a logical order? Do evidence and arguments support conclusion? Has author demonstrated awareness of audience’s needs? Is supporting evidence referred to? Does the report reach a logical conclusion? Assessor Comments Criterion Diversity Has the author addressed relevant diversity issues sensitively and appropriately? Score 0 – 3 Score 0 – 3 Total 0 - 3 Indicators Identify and address relevant diversity issues Are assessment tools relevant to prisoner if learning disability or ethnic background different? Has potential or actual bias of author or evidence been considered? If English is not first language, has assessment been adapted to address this? Do not score Assessor Comments PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 73 Annex O SPR L Evaluation Tool Guide to completion Evaluate the SPR L against each of the criteria below using the questions and indicators described. Score each question for each criterion using the following scale: 0 = poor (few, if any, relevant issues covered and all unsatisfactorily) 1 = inadequate (not all relevant issues covered and those which are, are covered unsatisfactorily) 2 = adequate (most relevant issues covered satisfactorily) 3 = good (all relevant issues covered well) Write any explanatory notes in the “Assessor Comments” boxes. This provides an opportunity to comment on issues not highlighted in the questions/indicators but which assessors feel are relevant in the case. Overall, this enables assessors to highlight the evidence they have relied on in making their assessment and enables themes to be identified. Criterion 1. Knowledge of the Prisoner Author states current role, how much contact s/he has had with the prisoner and over what time period, and the extent of the relationship The basis on which the report is written – number of formal interviews, observed behaviour Liaison with others (particularly the Offender Manager). Has author confirmed that s/he has discussed the case with the Offender Manager (OM)? Author states which documents, files or reports s/he has referred to in preparing this report Assessor Comments: Score 0 – 3 2. Qualification and experience of report writer Author states: their credentials and length of time in this role; length of time as a Prison Officer or other staff member; length of time working with ISPs training completed, including: o Offender Supervisor Foundation training o OASys PSI 19/2013 - PI 09/2013 Score 0 – 3 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 74 o Introduction to Risk Assessment and Management (IRAM), and any other risk assessment training o other relevant training Assessor Comments: Score 0 – 3 3. Attitude to index offence Has the author addressed the following in relation to the offender? a. Has s/he accepted responsibility for the offence, how open is s/he in discussing it? b. What, if any, discrepancies are there between the offender’s account and facts proven in court? c. Does s/he provide a full and active account of the offence? d. What is the offender’s attitude to the victim/s, sentence, others involved in the offence and the degree of remorse expressed? e. What is the author’s analysis of the offender’s response, attitude to their offending and capacity to have effected change? f. Any other contributing factors? Assessor Comments: Score 0 – 3 4. Analysis of previous offending Has the author commented on the links between any patterns of previous offending and the index offence? Has the author explored the factors which appear, from the offender’s past offending, to increase or decrease the risk of re-offending and causing serious harm? Has the author commented on the prisoner’s perception of their offending? Assessor Comments: Score 0 – 3 5. Sentence Plan and response Has the author described the offender’s response to the overall Sentence Plan since the date of sentence in relation to the following?: a. To what extent has the offender achieved their Sentence Plan objectives? b. Summarise the offender’s participation in any meaningful interventions and specifically indicate which of these are intended to reduce any identified risks of serious harm and/or risk of re-offending. What was the outcome? (or refer reader to report which gives this e.g. Offender Behaviour Programme (OBP) post programme report, making sure this is included in the dossier). PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 75 c. Has the offender shown any motivation to change his/her attitudes and behaviours? d. What effect the Sentence Plan (interventions etc.) has had on the offender’s attitudes and behaviour: i.To staff? ii.To other prisoners? iii.To family and friends? iv.To the victims of the offence? v.To lifestyle choices and offending e. The impact of the intervention on the offender and his/her risk? Has the offender displayed any behaviour that might be related to his/her offence or previous patterns of offending? For example is there any mirroring of previous behaviours such as: overcompliance/ grooming of staff; inability to deal with stress; withdrawal rather than problem solving etc. Assessor Comments: Score 0 – 3 6. Behaviour in Prison Has the author addressed the following?: Provided a description of all significant events during the sentence or as a minimum since the last Sentence Plan Review (SPR). Listed, if any, adjudications, mandatory or voluntary drug tests, warnings, or changes in IEP status are there on prisoner’s record? Stated what these indicate in terms of their level of risk of re-offending/serious harm? Summarised the offender’s disciplinary record and their response to issues that have arisen. Described how compliant the prisoner is with the prison regime? Described his/her relationships with other prisoners, visitors and staff? What evidence there is that the offender has changed their attitudes and/or learnt to control their behaviour? Assessor Comments: Score 0 – 3 7. Community Links (for a pre-Parole SPR these areas will be covered by the OM) Based on the author’s liaison with the Offender Manager, have they addressed?: What sort of relationships the prisoner has with family, friends, or other outside contacts? Are any connected with the commission of offences? e.g. a co-defendant or victim What degree of support these relationships provide? PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 76 Where the prisoner’s main external contacts live? Are there any difficulties in communicating or visiting? Whether the prisoner maintains family contacts through visits, letters and/or telephone? Any current known release plans – are they of long standing? Have links been made to organisations/services which are needed to manage risk in the community? Assessor Comments: 8. Reduction in Risk Has the author, based on their knowledge of the prisoner, assessed what evidence there is, if any, that the prisoner has demonstrated a reduction in the serious risk of harm they pose to the public? What is the author’s assessment of the likelihood of her/him re-offending or causing serious harm to others? Has the author outlined what changes have taken place to support their conclusion/ how has their conclusion been tested? Assessor Comments: Score 0 – 3 9. Victim Information Are there any confidential victim issues? – Any confidential victim information must be submitted in a separate report. Score 0 – 3 Has the author included in this report any non-confidential victim issues which may affect eventual release and/or resettlement? Assessor Comments: 10. Additional information Has the author provided any further information or other comments relating to their knowledge of, or contact with, this prisoner? Score 0 – 3 Assessor Comments: 11. Assessment of the prisoner’s current risk to the public Has the author provided an assessment of the risk of serious harm that this offender poses to the public if released into the community now? Has the author provided an assessment of this offender’s risk of re-offending? Score 0 – 3 Has the author stated the evidence s/he has relied on to make this assessment including the sources and key behaviours. Assessor Comments: Score 0 – 3 12. Recommendations PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 77 Only complete this paragraph if this report is for a Non Parole Review Has the author provided any recommendations with regard to further interventions/ activities/ are required in order to reduce the levels of risk? Have they provided proposals on transfer/re-categorisation to another establishment? Assessor Comments: Score 0 – 3 13. Style Is the report: Free from spelling and grammatical errors? Logical in sequence? Fit for purpose? Has it been countersigned by Line Manager? Is the report creditable, does it provide the OM and Parole Board with the information they require? Assessor Comments: 14. Diversity Do not score The author has addressed relevant diversity issues sensitively and appropriately Assessor Comments: PSI 19/2013 - PI 09/2013 PROTECT WHEN COMPLETED UPDATE - ISSUE DATE 17/09/2013 PAGE 78 UNCLASSIFIED EIA PAGE 1 EQUALITY IMPACT ASSESSMENT PSI 19/ 2013 – PI 09/2013 – GENERIC PAROLE PROCESS FOR DETERMINATE SENTENCE PRISONERS (GPP-D) Stage 1 – initial screening The first stage of conducting an EIA is to screen the policy to determine its relevance to the various equalities issues. This will indicate whether or not a full impact assessment is required and which issues should be considered in it. The equalities issues that you should consider in completing this screening are: Race Gender Gender identity Disability Religion or belief Sexual orientation Age (including younger and older offenders). Aims What are the aims of the policy? The aim is to introduce a Generic Parole Process for determinate sentence prisoners (GPP-D) who are eligible to be released on parole licence by the Parole Board, to commence from 1 July 2013. It would replace PSO 6000 “Parole Release and Recall” Chapter 5 and Chapter 8 and PSI 09/2008 ‘Offender Management Functional Mailboxes’. It mirrors to a large extent the process for indeterminate sentence prisoners (ISPs), but is adjusted to meet the requirements of determinate sentence parole reviews. The GPP is designed to ensure that prisoners reviews are conducted speedily and efficiently, eliminating nugatory work and limiting the potential for delays so that prisoners are not detained any longer than is necessary to protect the public. The effective operation of the parole process also has a positive impact in reducing the prison population. This revised process will replace the existing parole process for Discretionary Conditional Release prisoners (DCRs) and the residual Extended Public Protection Sentence (EPP) prisoners subject to parole reviews. In summary the new process will (i) be underpinned by the Public Protection Unit Database (PPUD) in place of IIS, which currently supports the determinate parole process; (ii) introduce electronic case working (e-working) and as such it will be a paperless process as is already the case with ISPs. Therefore in future all determinate parole dossiers will be compiled and paginated electronically. E-working should increase the efficiency of the process, improving the security of personal data, and facilitating better communications between all the agencies involved in the process. It will also make use of existing functional mailboxes; and (iii) Update processes and expectations with regard to the parole dossier and completion and quality of key parole reports, to bring it in line with changes in offender management practice. The GPP–D will also be the parole process for the new Extended Determinate Sentence (EDS) which was introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA12) and applies to offenders convicted on or after 3 December 2012 (who would previously have received either an IPP or EPP sentence). There are two types of release arrangement for EDS prisoners depending on the length of their custodial term and the seriousness of their offending. This PSI and the GPP - D will only apply to those EDS cases with discretionary release by the Parole Board. In addition, this PSI is also an opportunity to remove the option for determinate prisoners to optPSI 19/2013 – PI 09/2013 UNCLASSIFIED ISSUE DATE 08/07/2013 UNCLASSIFIED EIA PAGE 2 out of the parole process which is inline with the current policy for ISPs. Effects What effects will the policy have on staff, offenders or other stakeholders? The policy will provide guidance to establishments and probation trusts on the new GPP - D and e-working as such: Prison Establishments – GPP has been in operation across the estate for ISPs since 2009, this policy will formally communicate the expansion of this to include determinates (with some adjustments to meet the requirements of determinate sentence parole reviews). The policy sets out clear timescales to prisons for their role in the process. Establishments are expected to see savings from the introduction of the new paperless system as they will save in terms of staff time (for the collation and pagination of the complete dossier), postage and printing costs. NB Establishments may have some small initial costs if they need additional scanning facilities. Offenders – The developments aim to make the parole process more efficient and limit the potential for delays in order to ensure that prisoners are not detained any longer than is necessary to protect the public. Probation Trusts - The policy sets out clear timescales to Probation Trusts for their role in the process. Evidence Is there any existing evidence of this policy area being relevant to any equalities issue? Identify existing sources of information about the operation and outcomes of the policy, such as operational feedback (including local monitoring and impact assessments)/Inspectorate and other relevant reports/complaints and litigation/relevant research publications etc. Does any of this evidence point towards relevance to any of the equalities issues? No. Prisoners affected are all determinate sentence prisoners who are eligible to be released on parole licence by the Parole Board, including the new EDS prisoners. Stakeholders and feedback Describe the target group for the policy and list any other interested parties. What contact have you had with these groups? The target group is Public Protection Casework Section (PPCS) staff, Prison staff in Offender Management Units (OMUs) and Probation Trust staff. Interested parties are the Parole Board and Offender Assessment and Management Section (OAMS). The policy instruction has been circulated within PPCS, OAMS, the Parole Board, some prisons, some Probation Trusts, Security Group, Young People’s Group, Performance Analysis Group. Do you have any feedback from stakeholders, particularly from groups representative of the various issues, that this policy is relevant to them? Feedback has been received from all those consulted namely PPCS, OAMS and the Parole Board. PSI 19/2013 – PI 09/2013 UNCLASSIFIED ISSUE DATE 08/07/2013 UNCLASSIFIED EIA PAGE 3 Impact Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on the basis of any of the equalities issues? No, the policy covers all determinate sentence prisoners who are eligible to be released on parole licence by the Parole Board, including the new EDS prisoners. Local discretion Does the policy allow local discretion in the way in which it is implemented? If so, what safeguards are there to prevent inconsistent outcomes and/or differential treatment of different groups of people? No, the policy covers all determinate sentence prisoners who are eligible to be released on parole licence by the Parole Board, including the new EDS prisoners, and provides clear mandatory instructions. Summary of relevance to equalities issues Strand Race Gender (including gender identity) Disability Religion or belief Sexual orientation Age (younger offenders) Age (older offenders) Yes/No Rationale No No No No No No No If you have answered ‘Yes’ to any of the equalities issues, a full impact assessment must be completed. Please proceed to STAGE 2 of the document. If you have answered ‘No’ to all of the equalities issues, a full impact assessment will not be required, and this assessment can be signed off at this stage. You will, however, need to put in place monitoring arrangements to ensure that any future impact on any of the equalities issues is identified. Monitoring and review arrangements Describe the systems that you are putting in place to manage the policy and to monitor its operation and outcomes in terms of the various equalities issues. The instruction provides mandatory actions for Governors, PPCS and Probation Trusts to ensure the policy is appropriately carried out. GPP-D will be subject to centrally monitored performance indicators overseen by PPCS. State when a review will take place and how it will be conducted. The GPP and e-working are under continual review and development. Therefore the new GPP – D will be part of this. The policy will be subject to an ongoing review in line with the business needs. PSI 19/2013 – PI 09/2013 UNCLASSIFIED ISSUE DATE 08/07/2013 UNCLASSIFIED Policy lead Head of group EIA PAGE 4 Name and signature Date Russell A’Court 15/04/2013 Gordon Davison 16/04/2013 PSI 19/2013 – PI 09/2013 UNCLASSIFIED ISSUE DATE 08/07/2013