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IMPLEMENTATION OF THE MANAGE THE SENTENCE FOR A COMMUNITY ORDER
AND SUSPENDED SENTENCE ORDER SPECIFICATION
This instruction applies to :
Reference :
Probation Trusts
PI 15/2010
Issue date
Effective Date
Expiry Date
1 October 2010
1 October 2010
1 October 2014
Issued on the authority of
For action by
For information
Contact
NOMS Agency Board
Trust Contract Managers and Trust Chairs.
Relevant to all staff responsible for the commissioning and
provision of Community Order and Suspended Sentence
Orders.
Directors of Offender Management
Chairs of Probation Trusts
Chief Executives
Karen MacLeod, Rehabilitation Services Group
Karen.macleod@justice.gov.uk
Associated documents
The Manage the Sentence for a Community Order and
Suspended Sentence Order Service Specification,
Operating Model, Direct Service Costs and Assumptions
Document and Costing Spreadsheet, found at:
Specification, Benchmarking and Costing
Audit/monitoring :
Directors of Offender Management will monitor compliance in their region with the mandatory
actions set out in this Probation Instruction. Probation Trusts must demonstrate compliance with
these actions when required to do so by Directors of Offender Management.
Introduces amendments where outlined. Copies held on the HMPS Intranet/EPIC will be
amended; hard copies must be amended or cross referenced locally.
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CONTENTS
Section
Subject
Applies to
1
Executive summary
Background
Desired outcomes
Mandatory actions
Resource impact
All Staff
1.1, 1.2, 1.3, 1.4, 1.5
1.6
1.7
1.8
2
Operational guidance
Additional mandatory instructions
Performance monitoring
Expectations and processes
Responsible officer
All Staff
2.1
2.2, 2.3
2.4
2.5
1.
Executive summary
Background
1.1
The Service Specification for Manage the Sentence for a Community Order and Suspended
Sentence Order was issued to Directors of Offender Management on 04 June 2010 and
forwarded to Probation Trusts. The Service Specification – ‘Deliver Supervision
Requirement’ was issued at the same time. The specifications make clear that there is a
distinction between the role of the responsible officer in managing the community order or
suspended sentence order and in the role of delivering the supervision requirement.
1.2
Until now, the management of the community order and the suspended sentence order has
not been defined separately from the management of requirements. They have been
treated effectively as one and the same up to this point. The preparation of a precise
specification for the management of community orders and suspended sentence orders
(and a distinct and separate specification for the supervision requirement) has allowed us
therefore to define:

what the core responsibilities of managing the order are, regardless of the type, or
number, of requirements and

which unique components of the order are attached to the delivery of the
supervision requirement and are therefore separate from the management of the
order in which it is a requirement
To issue the specifications separately, allows for an approach where the management of
the order and the delivery of the requirement can be managed by one responsible officer /
offender manager, or for the role of the responsible officer and the duties of delivering the
supervision requirement to be run separately. At present the norm is that they are run
together as the most economical option. If separate delivery allows for savings to be made
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whilst offering the most effective approach to reducing reoffending, then that option can be
pursued.
1.3
The priority in the community order or suspended sentence order must always be to
support the purpose of the sentence and the administration of justice: with the supervision
requirement the major purpose is rehabilitation. The management of the community order
or suspended sentence order need not always be by the same responsible officer / offender
manager as the member of staff who delivers the requirements - even if that requirement is
a supervision requirement. As long as the purpose of the sentence is adhered to, we will be
able to pursue the most effective method of delivery of its requirements.
1.4
Work is therefore being undertaken currently to develop policy on the role of the
responsible officer in the community order and suspended sentence order and a similar
type of initiative is being undertaken in relation to the supervision requirement. Information
will be available on this in the coming six months.
The implication of defining the components of the supervision requirement more clearly, is
that we can develop the policy for the supervision requirement as an intervention in its own
right with its own targeting framework, eligibility criteria, management and outcomes.
1.5
This instruction sets the effective date for implementation under existing contracts of the
service specification for manage the sentence for a community order and suspended
sentence order and appends all of the supporting documents. The specifications define
outputs and outcomes that must be delivered and are underpinned by examples of
operating models and related direct service cost models. The service specification sets out
the mandatory outcomes and outputs which must be implemented from 1 October 2010
with implementation to be fully and demonstrably complete by 1st April 2011.
The
operating model is not mandatory; providers may, if they wish, develop different models for
delivery which are efficient and effective. Similarly, the direct service costs and
assumptions document is linked to the operating model and is indicative only.
Desired outcomes
1.6
That Manage the Sentence for a Community Order and Suspended Sentence Order
service specifications are delivered throughout England and Wales under existing contracts
to achieve the outcomes and outputs in the service specification.

Providers of offender management services understand their responsibilities in
delivering the specification

Staff responsible for delivering the community order and suspended sentence
orders understand and act upon the mandatory requirements set out in the service
specification

Commissioners and providers monitor performance against the outputs in the
specification document
Mandatory actions
1.7
Chief Executives must ensure that the management of community orders and suspended
sentence orders is delivered in accordance with the service specification as mandated by
the Trust Contract. Staff commissioning and delivering community orders and suspended
sentence orders therefore must ensure that the outputs and outcomes in the service
specification are met.
Resource Impact
1.8
The direct service costs are not mandatory but are set out in the direct service costs &
assumptions paper. Note that these costs are direct running costs only and they must not
be used on their own to determine resource allocations or make comparisons beyond the
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public sector. The direct service costs & assumptions paper and cost spreadsheet can be
found at:.www.justice.gov.uk/about/noms-sbc-programme.htm.
2.
Operational instructions
2.1
The activity in the service specification is already covered by existing operational
instructions, which are referred to in the references for detailed mandatory instructions
column of the specification.
2.2
Current national requirements for monitoring community orders and suspended sentence
orders remain in place. The specification also contains a number of suggested ways in
which commissioners can measure and gain assurance on delivery against individual
outputs in the specification..
2.4
Trusts are reminded of the definition of service found in section 3 of the specification
document. All community sentences need to be managed. The specification deals with
those activities which are required to manage a community order or suspended sentence
order regardless of the number of requirements that are attached to it. The specification
sets out the generic expectations and process required to do this. It covers all community
sentences, irrespective of the constituent requirements.
2.5
The management of the order will fall to the offender manager, referred to as the
responsible officer in the Act.
Contacts:
For further information email:
Karen MacLeod, Rehabilitation Services Group
Email. Karen.macleod@justice.gov.uk
(signed)
Yvonne Thomas
Director of Offender Management.
NOMS.
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HQ policy
Equality Impact Assessment –
Policy
Policy lead
Group
Directorate
Implementation of the Manage the Sentence for a
Community Order and Suspended Sentence Order
Specification
Karen MacLeod
Rehabilitation Services Group
Service Development Directorate
What is an Equality Impact Assessment (EIA)? ...................................................................2
Your Equalities team ............................................................................................................2
The EIA process ..................................................................................................................2
Stage 1 – initial screening ........................................................................................................3
Aims.................................................................................................................................3
Effects ..............................................................................................................................3
Evidence ..........................................................................................................................4
Stakeholders and feedback .............................................................................................4
Impact ..............................................................................................................................4
Local discretion ................................................................................................................5
Summary of relevance to equalities issues ......................................................................5
Monitoring and review arrangements ...............................................................................5
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What is an Equality Impact Assessment (EIA)?
An EIA is a systematic appraisal of the (actual or potential) effects of a function or policy on different groups of
people. It is conducted to ensure compliance with public duties on equality issues (which in some areas go beyond
a requirement to eliminate discrimination and encompass a duty to promote equality), but more importantly to
ensure effective policy making that meets the needs of all groups.
Like all other public bodies, the National Offender Management Service is required by law to conduct impact
assessments of all functions and policies that are considered relevant to the public duties and to publish the
results.
An Equality Impact Assessment must be completed when developing a new function, policy or practice, or when
revising an existing one.
In this context a function is any activity of the Probation Service, a policy is any prescription about how such a function
is carried out, for instance an order, instruction or manual, and a practice is the way in which something is done,
including key decisions and common practice in areas not covered by formal policy.
If you are completing this document as part of the OPG process, you must complete and return it together with
the final Business case for OPG approval and publication alongside the PI/PSI/PSO.
Your Equalities team
It is important that all policies are informed by the knowledge of the impact of equalities issues accumulated across
the organisation. Early in the policy development process, and before commencing the EIA, please contact the
relevant equalities team to discuss the issues arising in your policy area.

HR issues – Staff Diversity and Equality Team – 020 7217 6090 or frank.colyer@noms.gsi.gov.uk

Service delivery issues relating to gender and younger offenders – Women and Young People’s Group –
020 7217 5048 or matthew.armer@noms.gsi.gov.uk

All other service delivery issues – Race and Equalities Action Group – 020 7217 2521 or
EG@noms.gsi.gov.uk
The EIA process
The EIA has been constructed as a two-stage process in order to reduce the amount of work involved where a
policy proves not to be relevant to any of the equalities issues.
The initial screening tool should be completed in all cases, but duplication of material between it and the full EIA
should be avoided. For instance, where relevance to an equalities issue is self-evident or quickly identified this can
be briefly noted on the initial screening and detailed consideration of that issue reserved for the full EIA.
Further guidance on this will be given by the relevant equalities team.
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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 Instruction supports the Service Specification for the Implementation of the
Manage the Sentence for a Community Order and Suspended Sentence Order
Specification
Effects
What effects will the policy have on staff, offenders or other stakeholders?
The Service Specification forms part of the NOMS Directory of Services and
will underpin regional commissioning by Directors of Offender Management.
Use of the Service Specification will help to ensure the delivery of a more
consistent, efficient and cost effective service by probation providers. This
should support continuous improvement in the quality of service delivered
nationally and locally.
This Service Specification separates the management of the sentence from the
delivery of the requirements in the Community Order or Suspended Sentence
Order. The Community Order and the Suspended Sentence Order exist only
so long as there are requirements through which the purposes of sentencing
are addressed. This Specification, which separates the management of the
sentence from the requirements it is comprised of, offers a degree of flexibility
to commissioners of service to ensure that the most efficient and effective
approach is delivered.
It is suggested that Equality Impact Assessments are completed as part of
Best Value exercises and the equality impact of service is regularly reviewed
by commissioners of services.
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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?
Local and national monitoring will be undertaken through the Probation Trust
Reporting System (PTRS) as well as through the programme of inspections
run by HM Inspectorate of Probation on offender management and thematic
issues as they arise.
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 policy applies to the offenders sentenced to a period of supervision as a
requirement of a community order The policy applies to staff across NOMS who are
involved in the management of community orders and suspended sentence orders.
Consultation on the policy has involved a range of internal colleagues as part of the
development of the specifications and has included a range of practitioners and
managers in probation trusts across England and Wales.
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 incorporated into the final Probation Instruction as
submitted to the NOMS Operational Policy Group.
Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on
the basis of any of the equalities issues?
The policy applies equally to all offenders subject to a community order or a suspended
sentence order
By providing a more consistent and better quality service, the policy will benefit a wide
range of offenders, including those from different groups, or with specific needs.
Existing national guidance on preventing discrimination on the basis of race, gender,
disability or other factors will ensure that probation providers will apply the policy
appropriately. Recommendations from thematic and other inspections referring to
equality issues have been incorporated in this specification.
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Local discretion
Does the policy allow local discretion in the way in which it is implemented? If so, what
safeguards are there to prevent inconsistent outcomes and/or differential treatment of different
groups of people?
There is a costed option for service to be considered for women offenders. Directors of
Offender Management should therefore ensure that local Equality Impact Assessments
and reviews of service delivery are undertaken regularly.
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
See below.
NO
See below.
NO
See below.
NO
See below.
NO
See below.
NO
See below.
NO
See below.
The policy will apply equally to all victims who fall within the scope of the statutory victim contact scheme and have
opted to take up the service offered by the National Probation Service. In applying the new policy, probation
providers will be expected to follow national guidance on preventing discrimination on the basis of race, gender,
disability or any other factor.
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.
National monitoring (PTRS) will continue to evaluate outcomes and delivery of service
processes to ensure that equality issues are assured. Existing national guidance on
preventing discrimination on the basis of race, gender, disability or other factors will
ensure that probation providers will apply the policy appropriately.
State when a review will take place and how it will be conducted.
The service specification and the policy will be subject to periodic review by the policy
holding Group. This will include consultation with key stakeholders.
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Policy lead
Head of group
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Name and signature
Date
Karen MacLeod
16.05.2010
Lori Chilton
05.2010
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