Managing indeterminate sentenced offenders on …

1 Managing indeterminate sentenced offenders ON licence This instruction applies to :- Reference :- Providers of probation Services PI 08/2015 Issue Date Effective Date Implementation Date Expiry Date 4 March 2015 4 March 2015 3 March 2018 Issued on the authority of NOMS Agency Board For action by All staff responsible for the development and publication of policy and instructions NOMS HQ National probation Service (NPS) Community Rehabilitation Companies (CRCs) Other Providers of probation and Community Services Heads of Groups NOMS Rehabilitation Contract Services Team Instruction type Service Improvement/ Legal Compliance For information Supervising officers Victim Liaison Officers and Victim Unit Managers Provide a summary of the policy aim and the reason for its development / revision This instruction is intended to provide a guide to the tasks unique to indeterminate sentenced offenders to aid Supervising Officers in the National probation Service in supervising those types of offenders .

2 It also covers information on the suspension and termination of these types of licences. Contact For general enquiries: Brian Chapman - licence Conditions Senior Policy Manager. Email: Tel: 0300 047 4424 For ISP related issues: Polly Churcher ISP Policy Lead. Email Tel: 0300 047 4426 For victim related issues: Laura Toze - Head of Victims and Safeguarding Team. Email: Tel: 0300 047 4428 For licence variations (pre-release): James Hough Email: or Tel: 0300 047 4475 For licence variations (post-release): Sajjda Zafar Tel: 0300 047 4559 For Suspension of Supervision Element of ISP Licences/Re-imposition of ISP licence conditions and Termination of IPP licences Email: Associated documents PI 18/2012 - PSI 36/2012 - Generic Parole Process (GPP) amended to incorporate Electronic Working . PI 11/2014 - licence Conditions, Polygraph Examinations and Temporary Travel Aboard PI 27/2014 - PSI 30/2014 Recall, Review & Re-Release of Recall offenders .

3 Replaces the following documents which are hereby cancelled:- Chapter 13 PSO 4700 indeterminate Sentence Manual; PC 05/2009 - Reporting Arrangements for offenders Released on Life licence . All hard copies of these Instructions must be destroyed. Audit/monitoring:- The Director of NPS in England, Director of NOMS in Wales and NOMS Director of Rehabilitation Services for CRCs will monitor compliance with the mandatory requirements in this instruction. NOMS contract management will hold providers to account for delivery of mandated instructions as required in the contract. Notes:- All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to. PAGE 1 PI 08/2015 ISSUE DATE Contents Hold down Ctrl and click on section titles below to follow link Section Subject For reference by.

4 1 Executive Summary Background Desired outcomes Application Mandatory actions Resource impact 2 Managing indeterminate sentenced offenders in the Community Record of Progress under Supervision Variation of licence conditions Suspension of Supervision Element of indeterminate Licences Suspension of Victim Related licence Conditions Re-imposition of ISP licence Conditions Termination of IPP Licences Retention of Records Annex A Example of an ISP licence (Not to be used as a template) National probation Service staff who are Managing indeterminate sentenced prisoners in the community. 04/03/2015 PAGE 2 PI 08/2015 ISSUE DATE 1.

5 Executive Summary Background Information regarding the post-release management of indeterminate sentenced prisoners (ISPs) was previously split across a number of instructions with the majority of the information stored in Chapter 13 of PSO 4700, the ISP Manual. However, some of the instructions in that chapter of the PSO were tasks designated for probation staff. The information on the suspension and cancellation of licences for ISPs was contained in probation Circular 29/2007, but has not been included in more recent instructions. Desired outcomes The aim of this Instruction is to ensure that supervising staff work within the defined roles. Because of the inclusion of the criteria which previously appeared in PSO 4700, it is hoped this will lead to better informed decisions when considering whether or not to suspend the licence conditions of an ISP.

6 It is also intended to clarify the process for suspending the supervision requirements of the life or IPP licence and to stipulate that the general good behaviour and further offence conditions must always be retained. All other conditions may potentially be suspended when the relevant criteria are met (with additional consideration applied to victim-related conditions) but these two conditions must remain. Application This Instruction should be read in conjunction with the general instruction for offenders on licence , PI 11/2014 licence Conditions, Polygraph Examinations and Temporary Travel Abroad . Where practice differs for ISPs, such as licence variation requests going through the Public Protection Casework Section (PPCS), reference should be made to this instruction instead of PI 11/2014.

7 This Instruction is intended to be read by probation staff who supervise ISPs in the community. As all of these offenders will be managed by the staff of the National probation Service (NPS), the guidance in this document does not apply to offenders managed by Community Rehabilitation Companies. It should be noted that Annex A is only for illustration purposes and should not be used by staff to produce their own licences. Victim Liaison Unit Managers and Officers should be aware of the sections covering the suspension of licence conditions for offenders subject to either an IPP (Imprisonment for Public Protection) sentence, a DPP (Detention for Public Protection) or a life sentence, and the termination of IPP licences. When explaining an indeterminate sentence to a victim, it is best practice to make reference to these practices so that if and when a licence is suspended or terminated in a specific case it is not unexpected by the victim.

8 Where available, all forms and records should be completed and stored electronically with regard to the principles of e-working. Mandatory actions Managers in the NPS must ensure that staff are aware of, and comply with, the mandatory requirements which are summarised below: The NPS must have a process in place for reporting on the progress of offenders serving indeterminate sentences released into the community at times of significant change and for assuring the quality of reports on ISPs in the community. 04/03/2015 PAGE 3 PI 08/2015 ISSUE DATE Any requests for variations to licence conditions for ISPs must be reviewed by the Local Head of NPS in the region before being sent to the relevant licence variation team in PPCS.

9 The appropriate form (NAT Req Canc of Sup Req of L-IPP licence ) within the NDelius application must be completed and sent to PPCS when considering either suspension of the supervisory element, re-imposition of conditions or the termination of an IPP/DPP licence as per the relevant sections in Part 2 of this instruction. When considering whether an ISP offender is suitable to have their overall supervision on licence suspended, Supervising Officers must consider evidence to demonstrate each of the criteria in The good behaviour and further offence conditions on an IPP or life licence must not be suspended. Where the suspension of licence conditions is being considered for an ISP who has victim related conditions on their licence , the Supervising Officer must discuss whether these remain necessary with the relevant Victim Liaison Officer.

10 Where this is the case, any request to suspend the victim related licence conditions will be passed by PPCS to the head of the offender Management and Public Protection Group (OMPPG) for review. Records of an ISP must be kept open until the death of that offender , or until the licence period has been terminated for IPP/DPP offenders . This includes ensuring records are not disposed of during any period where the supervision on licence has been suspended. PPCS must be informed upon the death of any ISP offender . Resource Impact This instruction updates the previous instructions and combines them so that they are made more easily available for supervising officers. There are no policy changes being introduced by this instruction and so there is no expectation that this will have any impact on resources.