Chapter 13 Release, supervision and recall - PSO 4700 ...



13 RELEASE, SUPERVISION AND RECALL

13.1 First Release on Life Licence

It is the duty of the Secretary of State to release on life licence any life sentence prisoner whose tariff (“specified part”) has expired and whose release has been directed by the Parole Board. The Parole Board may direct the release of a tariff-expired lifer only if it is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. Parole Board Rules and Directions came into force on 1 August 2004; copies are attached at Appendices 1 and 2 to this manual. The Rules address, amongst other things, the procedural arrangements for panel consideration of tariff-expired cases both on the papers and at oral hearings, the information and reports to be provided by the Secretary of State and the evidence to be provided by the prisoner and arrangements for witnesses and observers to attend the hearing. The new Directions focus more clearly on the factors the Board should take into account in reaching a decision on the prisoner’s risk to the public. See Chapter 6 for further information about the Parole Board review process.

13.1.1 Exceptions

The only exception to these release requirements is release on compassionate grounds (see Chapter 12).

13.2 The Life Licence/Imprisonment (or Detention) for Public Protection (IPP)

Lifers are released by way of a life licence issued under section 28(5) of the Crime (Sentences) Act 1997. Those serving an IPP Sentence are also released under the 1997 Act as amended by Schedule 18 to the Criminal Justice Act 2003.

The licence:

• remains in force for the rest of the individual’s life, except for those serving an IPP sentence (see paragraph 13.9.2);

• may be revoked and the licensee returned to prison at any time if he/she no longer represents a safe enough risk to remain in the community.

13.3 Licence conditions

All lifers and IPPs are released on a licence which contains seven standard conditions[1]. An example of a standard life licence is set out in Annex 1 of this Chapter.

13.4 Additional or non-standard conditions

13.4.1 On the recommendation of the Parole Board, a life licence may include additional conditions related to that particular individual. The inclusion of additional conditions on a life licence is usually recommended by the supervising officer[2] in his/her report to the Parole Board. In making such recommendations the supervising officer should explain in terms of risk the reasons why the additional conditions are required. All such conditions must be lawful by being reasonable, necessary and proportionate. See also paragraph 13.5.

Additional or non - standard conditions are included in a life licence in order to:

• ensure the continued safety of the public by providing a means to help assess and manage the risk the licensee presents;

• help the licensee reintegrate into the community as a law-abiding citizen.

Additional or non-standard conditions may, for example:

• require the licensee to undertake offence related work;

• prohibit contact with victims and/or members of the victim’s family. A licence condition requiring an offender not to contact the victim or their family members should include where possible the names of the individuals to whom the “no contact” condition applies;

• require the licensee to remain in regular contact with a named doctor or psychiatrist;

• prevent contact with young persons under a certain age (see PSI 22/2005 for guidance about “risk to children” procedures).

• exclude the licensee from certain geographic areas so that they do not come into contact with victims and/or members of their family.

Some examples of additional or non-standard conditions are:

• [HE/SHE] shall attend upon a duly qualified psychiatrist/psychologist/medical practitioner for such care, supervision or treatment as that practitioner recommends. (Where known, the practitioner should be named, subject to their agreement).

• [HE/SHE] shall not engage in any work or other organised activity involving a person under the age of 18 years, either in a professional or voluntary basis.

• [HE/SHE] shall reside at (name and address, e.g. hostel) and must not leave to live elsewhere without obtaining the prior approval of his/her supervising officer; thereafter he/she must reside as directed (or approved) by his/her supervising officer.

• [HE/SHE] shall not reside, on a temporary or permanent basis, in the same household as any child under the age of 18 years.

• [HE/SHE] shall not seek to approach or communicate with [insert name of victim and/or members of the victim’s family]. If this information is confidential the names will be replaced with the following wording “the victim or members of the victim’s family”.

• [HE/SHE] shall not enter (area/place), the precise boundaries of which are to be set out in a map provided by his/her supervising officer, without the prior permission of that officer. [See paragraphs 13.5.1 – 13.5.4].

• [HE/SHE] shall comply with whatever requirements are made of him/her by his/her supervising officer with regard to addressing his/her alcohol/drug/sexual/gambling/solvent abuse/anger/debt/offending behaviour problems.

It is important to note that where a supervising probation officer requires an offender to attend upon a psychiatrist/psychologist/medical practitioner, he or she must be named and must be willing to treat the offender concerned.

It is not envisaged that electronic monitoring will be used routinely for the release on licence of lifers or those sentenced to IPP. This is because the risk of harm to public safety must be reduced to an acceptable level before the Parole Board will authorise release (see Chapter 6). In the vast majority of cases there is unlikely to be a need for the additional safeguard of electronic monitoring following release. However, there may be very exceptional cases where electronic monitoring is considered advisable as part of the licence conditions. LRRS must be consulted in all such cases.

13.5 Exclusion zones

13.5.1 The Craven judgment in 2001 clarified the position in relation to balancing the respective Article 8 rights of the licensees and the victim/victim’s relatives, in the context of setting exclusion zones. All such conditions need to be:

• reasonable;

• necessary; and

• proportionate.

13.5.2 In determining the extent of a particular exclusion zone, probation and victim contact staff may need to establish precise details of where victims’ families live, work, socialise etc and balance these with similar information about the licensee’s family and lifestyle patterns. Adopting a blanket ban on a licensee entering a specific county/administrative boundaries may be in breach of ECHR Articles. Wherever possible, LRRS staff will have to establish that any proposed extra conditions or exclusion zones meet the above criteria.

13.5.3 Exclusion zone boundaries should ideally be set out on a map to be provided by the supervising officer, or be spelt out in detail in the actual licence condition requested. It is important that both licensee and victim know precisely where an exclusion zone begins and ends. The actual exclusion zone should be restricted to that which is necessary to prevent contact between the victim and the licensee.

4. Examples of exclusion zones include:

• He shall not enter the town/area of X; the precise boundaries of which are to be set out in a map provided by his supervising officer, without the prior permission of that officer.

• He shall not enter the area of Y, as bounded by the A15 to the east, the A159 to the north, the River X to the west and south, (other than for the specific purpose of visiting his parents using the A140/A141 and not deviating from that route) without the prior permission of his supervising officer.

Further guidance on the implications of the Craven judgment for Probation Areas is contained in Probation Circular 28/2003.

13.6 Action following a direction for release

Following receipt of a Parole Board direction for release, LRRS will contact the Lifer Manager at the holding establishment and the supervising officer to:

• inform them of the release direction;

• inform them of any extra conditions that will be included on the licence on the recommendation of the Parole Board;

• request a map from the supervising officer (if one has not already been provided) showing the exact boundaries of any exclusion zone that may have been set by the Parole Board as part of an extra licence condition; and

• discuss and consider a suitable release date.

It should be noted that any release date set is only provisional and that LRRS should be informed at once if there are any adverse developments prior to the release date that cast doubt on the prisoner’s continued suitability for release. LRRS should also be informed if any part of the release plan falls through prior to release i.e. hostel place is not available or named psychiatrist cannot treat the licensee.

The supervising officer must provide the Lifer Manager with details of the prisoner’s reporting instructions to that officer on the day of release.

Once the release date has been set LRRS will send the Assistant Chief Officer of the probation area to which the lifer is being released a copy of the licence together with:

• information about aspects of behaviour or any issues requiring particular attention by the Probation Area;

• a copy of the Parole Board dossier provided for the review that resulted in release;

• the date by which for when the first progress (risk assessment) report must be received by LRRS (see paragraph 13.15).

The Assistant Chief Officer must pass copies of these documents to the designated supervising officer.

13.7 Notification of Release Address

Immediately on release, LRRS will notify the National Identification Service (NIS) at New Scotland Yard of the details of the supervising Probation Area and the address at which the licensee proposes to live after release. Prior to release liaison between the supervising Probation Area and the local police is essential, providing the opportunity to share information and details of licence conditions in line with the Joint National Protocol’s minimum standards.

The supervising Probation Area, through the Assistant Chief Officer must also notify the NIS and local police of all subsequent changes of address and provide details of any change of supervising Probation Area if appropriate. This information must be copied to the relevant Chief Officer of Police if the prisoner intends to live at an address outside the Metropolitan Police District.

LRRS will inform the NIS if licence conditions have been removed and, if this is known, of the death of a life licensee. LRRS will also notify NIS when a life licence is revoked by the Secretary of State (see paragraph 13.18).

13.8 Supervision and Frequency of Contact

Probation Areas must have specific procedures in place for the supervision and frequency of contact with licensees as a part of the risk assessment and management process requiring consultation with line managers, including senior managers. Consideration should also be given to the inclusion of life licensees on locally held risk registers, although this should not automatically lead to registration as a high-risk case. Post-release supervision targets should be as set out in National Standards.

13.9 Variation, Cancellation and Re-Imposition of Licence conditions

13.9.1 Variation

If deemed appropriate, the supervising officer can request at any time that extra conditions on a life licence to be amended, for example in cases where it may be necessary to amend a psychiatrist’s name on the licence where that practitioner has changed or amend a condition prohibiting the licensee from entering a certain area if the reason for the exclusion is no longer appropriate. New conditions could also be added to the licence post release, if they are considered to be appropriate by the supervising Probation Area and Lifer Review & Recall Section (LRRS). Full reasons for every variation request must be provided and it is necessary for LRRS to consult the Parole Board in such cases. Any requests of this nature should be sent to LRRS in the first instance. A template and guidance for requesting variation of a Life/IPP Licence are at Annexes 2 and 3 to this Chapter.

13.9.2 Cancellation

Consideration may be given to cancelling the supervision element of the life licence after a minimum of four years of trouble-free existence in the community. These arrangements also apply to offenders released on licence after serving a sentence of IPP.

There should be evidence of:

• a stable lifestyle, good integration, a balanced outlook and an open relationship with the supervising officer;

• gradual reduction in the requirement for contact with the Probation Area;

• crises, if any, having been faced and dealt with sensibly, with proper involvement of the supervising officer; and

• where appropriate, an indication that the licensee would turn to the Probation Area for assistance on a voluntary basis if necessary.

For sex offenders released on life/IPP licence, cancellation will not generally be considered before 10 years have elapsed. In IPP cases this may coincide with an application for termination of the release licence.

In the case of those released after serving a sentence of IPP the Criminal Justice Act 2003 (Schedule 18) provides for the release licence to be terminated by the Parole Board after 10 years in the community (and if not terminated, may be considered again at yearly intervals thereafter). If the licensee is still under supervision at the 10 year stage a full risk assessment from the supervising officer will be required and must be sent to LRRS with the licensee’s representations. The risk assessment must be endorsed by the ACO. If the licensee is no longer subject to supervision he/she must send an application for termination of the licence direct to LRRS with any representations. If the Parole Board directs the Secretary of State to terminate the licence, the offender will no longer be liable to recall to prison. NIS would be notified accordingly.

An application to cancel supervision of a life licensee will be considered by LRRS following receipt of a written report endorsed by the Assistant Chief Officer or equivalent rank. This report should include a full risk assessment of the licensee along with the reasons why conditions should be cancelled. The report should also set out why any extra conditions are no longer necessary i.e. the victim’s family have agreed that it is no longer necessary for a “no-contact” condition on the licence. If the supervising officer is of the view that the standard conditions should be cancelled but the extra conditions should remain, he/she should set out full reasons for this, including his/her view on whether or not the licensee will abide by these conditions in the absence of supervision. Where there are extra conditions on a licence and a recommendation for cancellation has been made, the case will be referred to the Parole Board by LRRS, for their consideration. LRRS will give reasons in every case where an application is refused. These arrangements will also apply to those licensees released from an IPP sentence. A template and guidance for requesting cancellation of supervisory element of a Life/IPP Licence are at Annexes 4 and 5 to this Chapter.

13.9.3 Re-imposition

After conditions have been cancelled, any incident coming to the notice of the Probation Area which suggests that the conditions should be re-imposed (or, indeed, that consideration should be given to recall) must be referred to LRRS immediately. Similarly, LRRS will consult the relevant Probation Area about any such cases that may come to its notice (usually as a result of information from the police).

10. Enforcement

It is essential that enforcement be given very high priority. Cases giving rise to concern about behaviour, conduct, attendance or attitude must be shared with senior managers (Assistant Chief Officer or equivalent rank) and referred to LRRS if necessary. Reports to LRRS must follow procedures set out in paragraph 13.15.

11. Effective Practice

Supervision of life licensees demands attention to effective case management practice. Consideration should always be given to clear resettlement strategies, which might include the following:

• regular monitoring should be given to the level of risk and whether any risk factors are re-emerging;

• attendance within a group work/accredited programme or education programme in the field;

• referral to local employment, education and training partnerships;

• a risk management plan involving the police and other agencies.

12. Disclosure of information on life licensees

As far as disclosure is concerned, the High Court has held in the Axon case that each case must be considered on its own facts and that as a matter of law, there is strictly no “presumption” to either disclose or withhold information. Disclosure to non-public bodies for example, employers (voluntary or otherwise) and accommodation suppliers/providers would be determined by risk. There would of course be circumstances where disclosure to third parties would be relevant on risk/public protection grounds, for example disclosure of a domestic murderer’s conviction to a new spouse/partner. Further information about disclosure is contained in the MAPPA Guidance issued under Probation Circular 54/2004 (paragraphs 93-95).

13. Media Attention

When released, some individual licensees seek media contact for a number of reasons. It is important that the integrity of the life licence system is maintained. Therefore, where individual Probation Areas are aware of any instance involving a licensee seeking to undertake any artistic, film, theatrical or literary activity, which might result in payment and/or publicity, a risk assessment must be forwarded to LRRS and the National Probation Directorate Public Protection Team as soon as possible, so that Ministers can be consulted if appropriate.

13.14 Travel & Residence Abroad

13.14.1Temporary Absence Abroad

Approval for a life licensee, or those released after serving a sentence of IPP, to travel abroad for short periods (including holidays) will be at the discretion of the ACO in the responsible Area, who must be satisfied that the licensee may be trusted to return and resume the supervisory period. Decisions about temporary absence abroad must be made at ACO level or equivalent. Any doubt whatever should give rise to a refusal and, if necessary, liaison with LRRS for further advice. There is no minimum period of supervision required following release before such an application would be entertained and each case must be considered on its individual merits as part of the risk management plan. Full details of any trip that is due to take place and has been undertaken must be sent to LRRS for information.

13.14.2 Residence Abroad

Life licensees or those released after serving a sentence of IPP are not generally released direct from prison to live abroad, as this would contravene the requirement for supervision after release. Any licensee requesting to live permanently abroad will only receive approval after a thorough risk assessment and agreement of the Assistant Chief Officer and LRRS. Licensees will need to demonstrate that they have successfully adjusted to living in the community. Evidence should also be provided to show that the country the licensee is travelling to is aware of the life licensee’s status and intention to reside there. Each case is considered on its individual merits.

13.15 Reports to Lifer Review and Recall Section (LRRS)

LRRS (Post Release Team) will request periodic reports from the Supervising Probation Area. The first report must be submitted one month after release and then quarterly for the first two years. Dependent on the licensee’s progress, LRRS will then give consideration to reducing the need for reports to every six months or twelve months if appropriate. LRRS may increase the frequency of reports at any time, for example when the licensee has displayed worrying behaviour. All reports must be submitted when requested and endorsed by an Assistant Chief Officer or equivalent who should add his or her own comments particularly in cases where the supervising officer has recommended that particular action be taken e.g. variation or suspension of the licence or recall to prison. Reports will be returned if they are not endorsed and if the ACO’s comments are missing in any of the circumstances mentioned above.

Reports should focus on the identified risk areas in the particular case and cover issues such as:

• All identified risk factors (from circumstances/behaviour surrounding the index offence) and emergence/reoccurrence of factors relevant to the offence.

• Compliance with licence conditions and reporting instructions.

• The licensee’s general response to supervision.

• Current employment/training/education circumstances, including relevant information on health/disability.

• Current domestic circumstances including any new relationships/current social circumstances including any involvement in the local community.

• Any significant concerns about risk of serious harm or other further offending, including current assessment of risk of harm and reoffending.

• Current risk management plan and sentence plan.

• Any other observations or any other issues which LRRS has requested information on in previous correspondence.

A template and guidance for a life licensee progress report are at Annexes 6 and 7 to this Chapter.

Reports must always be submitted to LRRS in the following circumstances:

• if it appears that the safety of the public may be at risk;

• if the licensee loses touch with the supervising Probation Area;

• if there has been any breach of licence conditions;

• if the licensee’s behaviour suggests that further serious offences may be committed;

• if the licensee has been charged with any further offence (with the full details of the nature of the charge);

• if the licensee’s domestic circumstances appear to be unsatisfactory;

• if there are any significant changes in the licensee’s personal relationships (e.g. marriage, co-habitation, breakdown of relationships, arrival of children) especially where such changes relate in any way to the original offence;

• if the licensee’s health or mental condition give cause for concern (for example a resort to drugs or alcohol, particularly if either was a factor in the index offence);

• if the licensee’s behaviour or activities are likely to give rise to media attention.

Supervising Probation Areas must be aware of and focus on the areas of concern in each case and remain alert to any indication that the licensee’s behaviour may constitute more than minimal risk.

The frequency of progress reports to LRRS should not be confused with the frequency of the licensee reporting to the Probation Service. In the latter case, it is the responsibility of the supervising Probation Area to determine the necessary level of contact with the licensee.

13.16 Second (and subsequent) Release on Licence

For an explanation of the statutory position and the procedures in respect of the re-release of life licensees recalled to prison, see under “Recall”.

13.17 Retention of Records

Regardless of whether or not the conditions have been cancelled, Probation Area records on life licensees must be retained until the death of the licensee is notified.

18. Recall

A licence can be revoked at any time and the licensee recalled to prison to continue to serve his or her life sentence. The Secretary of State can revoke a licence at any time under section 32(1) of the Crime (Sentences) Act 1997 on the recommendation of the Parole Board. The Secretary of State introduced amended directions to the Parole Board on the recall of life sentence prisoners that came into force on 1 August 2004. They have been designed to reinforce the importance of risk assessment and set out more clearly, the factors that panels are expected to take in reaching decisions on a lifer’s risk to the public. A copy of the new Directions is at Appendix 2 to this Manual. In addition, section 32(2) of the same Act permits the Secretary of State to recall a licensee without prior consultation with the Parole Board, where it would be in the public interest to do so. LRRS must then refer such cases to the Parole Board, under section 32(4) of the Act, whether or not the prisoner makes representations, in order to allow the Board to consider the case for the lifer’s immediate re-release.

It has to be shown that there is a risk of danger to the public before recall is likely to be agreed. The supervising Probation Area must take into account the extent that the licensee’s behaviour presents a risk of sexual or violent harm to others, regardless of the type of index offence for which he or she was originally convicted. However, recall to prison does not depend upon a prosecution and conviction for a fresh offence, nor whether or not the licensee is to be tried for an offence. The courts have held that it is for the Secretary of State and the Parole Board to maintain a balance between the risk to the community of releasing the prisoner and the liberty of the prisoner. In some cases, the Secretary of State and the Parole Board will not be concerned with crime at all, but there may be other factors, such as behaviour associated with the index offence, or the ability of the area to assess and manage the level of risk in the face of breaches of licence conditions which give reasonable cause for considering the licensee to be a risk to the public. Each case is considered on its merits.

13.19 Recommendations for Recall

Emergency Recall

• Where the licensee presents an immediate risk to public safety and recall action needs to be effected by LRRS as a matter of urgency. In such cases there is not enough time to contact the Parole Board for advice prior to instigating recall action.

• Emergency recall action will be appropriate in cases where the licensee’s behaviour presents an immediate risk of sexual or violent harm to others, regardless of the index offence for which he/she was originally convicted. That risk does not have to be based on the licensee being charged with any criminal offence.

Standard Recall

• Where there are concerns that a licensee represents an unacceptable risk to the public but the circumstances of the case allow LRRS to refer the case to the Parole Board for advice on recall action. For example, where the licensee is out of touch with his/her supervising officer and thus in breach of the licence but in circumstances where there is no reason to believe that there is an immediate threat to public safety.

Recommendations for consideration of recall should normally be made by a Senior Supervising officer and must be endorsed by an Assistant Chief Officer, together with the views of the police where appropriate. Requests for emergency recall on the grounds of unacceptable risk must be made at Assistant Chief Officer level or equivalent. Chief Officers of Probation should therefore ensure that supervising officers are given the home telephone numbers of relevant management staff in the probation area for out-of-hours consultation in cases of emergency. However, if an emergency should arise out of normal office hours and it is not possible for the supervising officer to consult the senior officers, he or she must get in touch with a senior member of LRRS via the Home Office out-of-hours duty officer (Telephone 0870 000 1585).

Requests for recall must not be delayed. Every effort must be made by supervising areas to ensure that all the relevant information regarding recall is given to LRRS as early in the day as possible so that key staff and material are available to consider the matter fully. A template and guidance for requesting revocation of a lifer/IPP licence are at Annexes 8 and 9 to this Chapter.

Once a licence has been revoked, LRRS will inform the National Identification Service (NIS). The licensee: -

• will be arrested (if traceable) and immediately returned to the nearest local prison to continue to serve his or her life sentence;

• will be informed of the reasons for the revocation of the licence on return to custody;

• will be informed of the right to make representations to the Parole Board under section 32(3) of the CS Act 1997 and of the opportunity to have those heard at an oral hearing.

13.20 Joint National Protocol for Supervision, Revocation and Recall for Prisoners Released on Licence

The Joint National Protocol between the National Probation Service, Prison Service, Home Office and the Association of Chief Police Officers for the “Supervision, Revocation and Recall for Prisoners Released on Licence” provides a framework for partner agencies to work together to supervise offenders, enforce their licences and to effect efficient recall to custody where necessary, in order to protect the public and prevent further crime. Life sentence cases come under the protocol. Further guidance is contained in PC 03 /2005.

13.21 Representations against recall

Any representations made by the recalled licensee will be shared with the supervising Probation Area to ensure that staff are aware of all the facts being submitted to the Parole Board for consideration at an oral hearing at which a supervising officer is likely to be required to attend. Documents from the Probation Area’s case file may be required by the Board and may be disclosed to the prisoner’s representative.

The Parole Board convenes hearings as quickly as possible after recall and a truncated timetable is operated for the submission of reports and representations. In considering the validity of recall and whether or not the recalled licensee should be re-released, the Board will need to have up-to-date reports from the supervising area covering:

• the events leading to recall;

• subsequent developments;

• the current level of perceived risk and if (and how) this can be managed in the community;

• a fresh release plan (regardless of whether the probation view is not in favour of release);

• the proposed extent of supervision if re-release is considered; and

• any extra conditions that should be imposed should re-release be directed.

The expectation for the supervising officer is that he/she, or an appropriate member of the supervising probation area, will be required to attend recall hearings to give evidence about the case. A member of staff from LRRS will normally attend the hearing to present the case for recall on behalf of the Secretary of State. A template and guidance for representations against recall hearings are at Annexes 10 and 11 to this Chapter.

After considering any representations made following recall the Parole Board may direct immediate release. Any such direction is binding on the Secretary of State and must be acted upon.

If a reference to the Parole Board under section 32(4) does not result in immediate release, or if a licensee recalled under 32(1) does not wish to make representations, the licensee will remain in custody indefinitely. LRRS will set the date for the next review having given consideration to the merits of the case. In accordance with the statutory entitlement, the maximum period that can elapse between reviews is two years.

Annex 1

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|LICENCE |

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|Crime (Sentences) Act 1997 |

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|The Secretary of State hereby authorises the release on licence within fifteen days of the date hereof of FULL NAME IN CAPS who shall on release and |

|during the period of this licence comply with the following conditions or any other condition, which may be substituted or added from time to time. |

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|He/She shall place himself/herself under the supervision of whichever supervising officer is nominated for this purpose from time to time. |

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|He/She shall on release report to the supervising officer so nominated, and shall keep in touch with that officer in accordance with that officer’s |

|instructions. |

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|He/She shall, if his/her supervising officer so requires, receive visits from that officer where the licence holder is living. |

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|He/She shall reside only where approved by his/her supervising officer. |

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|He/She shall undertake work, including voluntary work, only where approved by his/her supervising officer and shall inform that officer of any change|

|in or loss of such employment. |

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|He/She shall not travel outside the United Kingdom without the prior permission of his/her supervising officer. |

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|He/She shall be well behaved and not do anything which could undermine the purposes of supervision on licence which are to protect the public, by |

|ensuring that their safety would not be placed at risk, and to secure his/her successful reintegration into the community. |

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|Unless revoked this licence remains in force indefinitely. |

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|(Name of Head of Section) |

|on behalf of the Secretary of State |

|month/year |

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|PDP/ |

|NOMS |

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|Notes |

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|Subject to the provisions of section 31 and 32 of the Crime (Sentences) Act 1997 – |

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|the conditions of this licence may be varied or cancelled or further conditions may be added by the Secretary of State; |

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|the Secretary of State may revoke the licence at any time. |

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|For the purposes of this licence “United Kingdom” includes the Channel Islands and the Isle of Man. |

Annex 2

REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS) REQUESTING VARIATION OF LIFE/IPP LICENCE

Annex 3

GUIDANCE ON THE COMPLETION OF THE REPORT TO THE LIFER REVIEW AND RECALL SECTION (LRRS) REQUESTING VARIATION OF LIFE/IPP LICENCE

INTRODUCTION AND PRINCIPLES

This report should be used to submit requests to LRRS for varying or re-imposing extra life/IPP licence conditions upon agreement at local level. Consideration may be given to the variation of a life/IPP licence at any time.

Reasons for the request should be stipulate to the LRRS as should any change to licence conditions required, for example deletion or variation of additional licence conditions. Full reasons for every variation request must be provided since it is necessary for LRRS to consult the Parole Board in such cases.

GUIDANCE FOR COMPLETING THE REPORT

PROBATION DETAILS:

This should be the report author/supervising officer’s contact details.

OFFENDER DETAILS:

As much detail as is known about the licensee should be entered here, particularly their full name and any aliases, last known address, current OASys risk of harm category, MAPPA level, ethnicity, sex offender status and sentence. Any additional non-standard conditions should be listed as should convictions since release.

Please give details of developments since the last report in relation to:

1. Identified risk factors and summary of index offence

Outline the identified risk factors, a brief summary of the index offence, pattern of behaviour surrounding the offence and any pattern of behaviour.

2. Summary of progress on life/IPP licence

Summarise key events and progress of life/IPP licensee since release, demonstrating that variation is necessary. Reference can be made to previous progress reports submitted to LRRS.

3. Summary of risk reduction work, in custody and in the community.

Provide an analysis of how the risk management and sentence plans have reduced the licensee’s risk of harm. As applicable, provide dates and detail of location/delivering agency of risk reduction work, in custody and in the community as well a view of its efficacy, for example completion of Sex Offender Treatment Programmes (SOTPs), domestic abuse or instrumental violence programmes, or general thinking skills work.

4. Details of any previous Variation Orders.

Information in relation to any previous Variation Orders and amendments to the life/IPP licence since release, providing copies of said Variation Orders.

5. Victim(s) issues

Any victim(s) issues should be detailed, especially where the variation request relates to victims. In such cases, Victim Liaison Officers should be contacted and the victim’s concerns accounted for.

6. Current assessment of risk of harm and re-offending

Provide an assessment of risk of harm, its nature, likelihood and impact, and risk of reoffending.

7. Nature and reason for variation of life/IPP licence condition

Outline the request for variation with reference to the particular licence condition. Provide full reasons for its addition, deletion or amendment, with proposed wording or rewording where necessary.

• RECOMMENDATION/CONCLUSION:

Supervising officer’s conclusion and recommended action.

• SENIOR MANAGER/ACO ENDORSEMENT:

The progress report must be signed and endorsed by the Senior Manager and at ACO or equivalent level before it is submitted to LRRS.

Annex 4

REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS) REQUESTING CANCELLATION OF SUPERVISORY ELEMENT OF LIFE/IPP LICENCE

Annex 5

GUIDANCE ON THE COMPLETION OF THE REPORT TO THE LIFER REVIEW AND RECALL SECTION (LRRS) REQUESTING CANCELLATION OF SUPERVISORY ELEMENT OF LIFE/IPP LICENCE

INTRODUCTION AND PRINCIPLES

Consideration may be given to cancelling the supervision element of the life/IPP licence after a minimum of four years of trouble-free existence in the community. For sex offenders released on life/IPP licence, cancellation will not generally be considered before 10 years have elapsed. In IPP cases this may coincide with an application for termination of the release licence.

Cancellation of conditions are not normally considered by LRRS unless there is evidence of:

(i) a stable lifestyle, good integration, a balanced outlook and an open relationship with the supervising officer;

ii) gradual reduction in the requirement for contact with the Probation Area;

iii) crises, if any, having been faced and dealt with sensibly, with proper involvement of the supervising officer; and

(iv) where appropriate, an indication that the licensee would turn to the Probation Area for assistance on a voluntary basis if necessary.

Requests to LRRS should not be submitted if the above criteria are not met.

For the very small number of Critical Public Protection Cases (CPPCs) which attract a high level of media or public interest which threatens the life of the licensee or could undermine public confidence in the criminal justice system or agencies managing the case, consideration of cancellation of supervision should be discussed with the Public Protection Unit in the first instance.

Where there are extra conditions on a licence and a recommendation for cancellation has been made, the case will be referred by LRRS to the Parole Board for consideration if LRRS is of the view that cancellation may be appropriate. However, where the licence does not contain any additional or non-standard conditions, a referral to the Parole Board is not required and LRRS will make an executive decision.

GUIDANCE FOR COMPLETING THE REPORT

PROBATION DETAILS:

This should be the report author/supervising officer’s contact details.

OFFENDER DETAILS:

As much detail as is known about the licensee should be entered here, particularly their full name and any aliases, last known address, current OASys risk of harm category, MAPPA level, ethnicity, sex offender status and sentence. Any additional non-standard conditions should be listed, as should convictions since release.

Please give details of developments since the last report in relation to:

1. Identified risk factors and summary of index offence

Outline the identified risk factors, a brief summary of the index offence, pattern of behaviour surrounding the offence and any pattern of behaviour.

2. Summary of progress on life/IPP licence

Summarise key events and progress of life / IPP licensee since release, demonstrating that above criteria (i) – (iv) have been met and that a minimum period of four years trouble free existence (ten years for sex offenders) has successfully passed. Reference can be made to previous progress reports submitted to LRRS.

3. Summary of risk reduction work, in custody and in the community.

Provide an analysis of how the risk management and sentence plans have reduced the licensee’s risk of harm. As applicable, provide dates and detail of location/delivering agency of risk reduction work, in custody and in the community as well a view of its efficacy, for example completion of Sex Offender Treatment Programmes (SOTPs), domestic abuse or instrumental violence programmes, or general thinking skills work.

4. Details of any previous Variation Orders.

Information in relation to any previous Variation Orders and amendments to the life/IPP licence since release, providing copies of said Variation Orders.

5. Victim(s) issues

Any victim(s) issues should be detailed, especially where the licence contains an additional or non-standard condition specific to victims. In all cases, Victim Liaison Officers should be contacted and the victim’s concerns accounted for.

6. Current assessment of risk of harm and re-offending

Provide an assessment of risk of harm, its nature, likelihood and impact, and risk of reoffending.

7. Nature and reason for request for cancellation of supervisory element of life/IPP licence.

Set out reasons why the supervisory element of the life / IPP licence should be cancelled and whether any extra conditions are still or no longer necessary. If you are of the view that the standard conditions should be cancelled but the extra conditions should remain, full reasons for this should be provided, including a view on whether or not the licensee will abide by these conditions in the absence of supervision. The nature of the request may vary as follows:

i) Request for cancellation of supervision alone, with supporting reasons

ii) Request for cancellation of supervision and extra conditions, with supporting reasons

(iii) Request for cancellation of supervision but extra conditions remain, with reasons and detail of how those extra conditions will be managed.

8. Are you satisfied that the licensee would seek advice from the Probation Service for assistance on a voluntary basis if necessary?

Provide confirmation that it has been explained to the licensee that he or she can seek assistance from the Probation Service on a voluntary basis even after the supervisory element of the life/IPP licence has been cancelled. Also provide a view as to whether you are satisfied that they will follow this advice.

RECOMMENDATION/CONCLUSION:

Supervising officer’s conclusion and recommended action.

SENIOR MANAGER/ACO ENDORSEMENT:

The progress report must be signed and endorsed by the Senior Manager and at ACO or equivalent level before it is submitted to LRRS.

Annex 6

PROGRESS REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS)

Annex 7

|GUIDANCE ON THE COMPLETION OF THE PROGRESS REPORT TO THE LIFER REVIEW AND RECALL SECTION (LRRS) |

INTRODUCTION AND PRINCIPLES

LRRS (Post Release Team) request periodic reports from the Supervising Probation Area, the frequency of which is outlined in Chapter 13 of the Lifer Manual.

The initial progress report should be completed within one month of the licensee’s release into the community. The LRRS will acknowledge receipt of all progress reports in writing; advise of the due date of the next report and any areas of concern requiring particular attention.

Subsequent progress reports should update the LRRS on the resettlement of the life licensee, and include information particular to the concerns identified by them.

Ad-hoc reports must always be submitted to LRRS in the following circumstances:

• if it appears that the safety of the public may be at risk;

• if the licensee loses touch with the supervising Probation Area;

• if there has been any breach of licence conditions;

• if the licensee’s behaviour suggests that further serious offences may be committed;

• if the licensee has been charged with any further offence (with the full details of the nature of the charge);

• if the licensee’s domestic circumstances appear to be unsatisfactory;

• if there are any significant changes in the licensee’s personal relationships (e.g. marriage, co-habitation, breakdown of relationships, arrival of children) especially where such changes relate in any way to the original offence;

• if the licensee’s health or mental condition give cause for concern (for example a resort to drugs or alcohol, particularly if either was a factor in the index offence);

• if the licensee’s behaviour or activities are likely to give rise to media attention.

Progress reports are needed to advise the LRRS of any change in circumstances even if no recall action is requested. In such cases the Probation Officer may feel that a Probation or LRRS warning letter is appropriate. All warning letters issued by the Probation Area should be copied to LRRS. If recall is requested, the Probation Officer should use the template at Annex 8.

GUIDANCE FOR COMPLETING THE REPORT

PROBATION DETAILS:

This should be the report author/supervising officer’s contact details.

OFFENDER DETAILS:

As much detail as is known about the licensee should be entered here, particularly their full name and any aliases, last known address, current OASys risk of harm category, MAPPA level, ethnicity and sentence. Any extra conditions should be listed, as should convictions since release.

Please give details of developments since the last report in relation to:

1. All identified risk factors

Outline the identified risk factors in relation to the index offence and evidence of any emergence/reoccurrence of factors relevant to the offence.

2. Compliance with licence conditions and reporting instructions

Outline frequency of contact as well as licensee’s compliance with conditions. Also provide detail/dates of any warnings issued and/or variation of licence conditions by LRRS and the licensee’s response to these.

3. The licensee’s general response to supervision

Include details of co-operation and motivation since last report as well as how the licensee has coped with resettlement.

4. Current employment/training/education circumstances, including relevant information on health/disability

Current situation and any change in circumstances. Outline any, which give cause for concern.

5. Current domestic/social circumstances

Current situation and any significant change in circumstances relating to accommodation, family, domestic and social circumstances, for example marriage, co-habitation, breakdown of relationships, arrival of children and any involvement in local community activities. Outline any, which give cause for concern.

5. Any significant concerns about the risk of serious harm or likelihood of other further offending, including current assessment of risk of harm and reoffending.

If appropriate, outline any evidence of deterioration of behaviour or incidence which leads you to assess that the risk of serious harm or other further offending has increased. Using OASys risk assessment, what is the licensee’s current assessment of risk of harm and reoffending? Indicate whether the concerns surrounding the behaviour gives rise to an increase in risk the licensee presents to others.

7. Current risk management plan and sentence plan.

Outline current arrangements and sentence plan in place to safely manage the licensee in the community.

The following should be addressed:

• Other agencies involved – brief outline of the activity each agency

• Existing support/controls

• Added measures for specific risks

• Who will undertake the actions and by when

• Level/frequency of contact.

6. Any other observations or other issues which LRRS has requested information on in previous correspondence.

Any other observations relating to management of the licensee, such as case transfer, MAPPA input, victim or risk to children issues. Update or provision of information as requested by LRRS in previous correspondence.

RECOMMENDATION/CONCLUSION:

Supervising officer’s conclusion and recommended action.

SENIOR MANAGER/ACO ENDORSEMENT:

The progress report must be signed and endorsed by the Senior Manager and at ACO or equivalent level before it is submitted to LRRS. LRRS will return any reports that are not suitably endorsed.

Annex 8

REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS) FOR REQUESTING REVOCATION OF A LIFE/IPP LICENCE

Annex 9

GUIDANCE ON THE COMPLETION OF THE REPORT TO THE LIFER REVIEW AND RECALL SECTION FOR REQUEST FOR REVOCATION OF A LIFE/IPP LICENCE

INTRODUCTION AND PRINCIPLES:

• Life licensees can have their life licence revoked and be recalled to prison at any time as the release licence remains in force for the rest of their natural life. However, those released following a sentence of Imprisonment for Public Protection (IPP) can only be recalled while their release licence remains in force.

• Following a request for recall from the Probation Service, the Lifer Review and Recall Section (LRRS) on behalf of the Secretary of State can:

i) under section 32(1) of the Crime (Sentences) Act 1997, revoke a licence at any time on the recommendation of the Parole Board (standard recall); or

ii) under section 32(2) of the same Act, revoke a licence without prior consultation with the Parole Board, where it would be in the public interest to do so (emergency recall).

• Every recalled licensee is given the opportunity to submit representations against recall to the Parole Board and to have these considered at an oral hearing once they have been returned to custody. If a licensee is recalled under the section 32(2) procedures, the Parole Board must consider the original recall decision made by LRRS even if the recalled licensee does not submit any representations.

• The Parole Board panel will either consider:

i) that the risk presented is still unacceptable and the licensee will remain in prison until such time as the level of risk has sufficiently reduced to warrant re-release, in which case LRRS will set the date for the next review given the merits of the case; or

ii) if at the hearing the panel deems the risk to have sufficiently reduced or in immediate recall cases do not agree that the original recall decision was justified, it will direct the immediate re-release of the licensee.

• The test to be applied by the Parole Board in satisfying itself that it is no longer necessary for the protection of the public that the prisoner should be confined, is whether the lifer’s level of risk to the life and limb of others is considered to be more than minimal.

• The Parole Board will look to re-release the prisoner as soon as is practicable based on the manageability of the risks they present in the community.

Guidance for Completing the Report for the Request for Recall

• TELEPHONE NUMBER/FAX NUMBER:

This should be the report author/supervising officer’s contact number. Although the Assistant Chief Officer (ACO) (or equivalent) is accountable for decisions made, the LRRS need effective communication with the officer writing the report, who should have the necessary information. Additional contact details should be provided for availability after the close of switchboard at the probation office from 5.00pm if the request is submitted at the end of day.

• POLICE DETAILS:

The Single Point of Contact (SPOC) details will be provided to staff by the ACO for Recall (Recall Liaison Officer), following the Joint National Protocol accompanied by PC03/2005, “Supervision, Revocation and Recall for Prisoners Released on Licence”. The SPOC number is essential to enable LRRS to inform the local police of a licence revocation so that they can arrest and return the offender to custody as efficiently as possible. The telephone number must be one on which LRRS can make contact outside normal hours. If appropriate, include contact details for the local police station nearest to the licensee’s last known address or police/custody sergeant if the offender is being held in a particular police station/is subject to police investigation.

• OFFENDER DETAILS

As much information as known should be provided, especially the prison number. The MAPPA level of risk management at which the licensee has been managed should be completed here.

• RECOMMENDATION ON RECALL:

i) The procedures for emergency recall under Section 32(2) are followed in cases where a licensee presents an immediate risk to public safety and recall action needs to be instigated by LRRS as a matter of urgency. In such cases there is not enough time to consult the Parole Board for advice prior to instigating recall action. Immediate recall will be appropriate in cases where the licensee’s behaviour presents an immediate risk of sexual or violent harm to others, regardless of the type of index offence for which he or she was originally convicted. That risk does not have to be based on the licensee being charged with any criminal offence.

ii) If a recall decision needs to be made outside of normal office hours the Probation Service or Police should contact the LRRS Out of Hours Duty Officer (Telephone 0870 000 1585). LRRS Senior management (Heads of Casework and the Head of LRRS) act as the Duty Officer on a rota basis. The Duty Officer is able to make recall decisions from home where appropriate and can issue revocation orders by handing them in to the nearest police station. Out of hours recalls must be reserved for those cases which cannot wait overnight or over the weekend.

iii) The procedures for standard recall under Section 32(1) are followed in cases where there are concerns that a licensee presents an unacceptable risk to the public but the circumstances of the case allow the LRRS post-release team (PRT) the time to refer the case to the Parole Board for advice on recall action. For example, standard recall may be appropriate in the following circumstances:

• Where there has been persistent breach of licence conditions;

• Where there is a long-standing cause for concern for which other measures (e.g. warning letters and/or offending behaviour work in the community) have been ineffective; and

• Where the licensee is out of contact with the Probation Service and the level or risk presented cannot therefore be measured.

Guidance on the Probation Report to LRRS & the Parole Board for the Consideration of Recall

CIRCUMSTANCES OF THE EVENTS leading up to recall:

LRRS and where appropriate the Parole Board will fully consider any recommendation for recall made by Probation.

The following information should be provided to assist this consideration:

• Where necessary, identify the particular condition that has been broken. The seven standard conditions and additional specified conditions are detailed in Chapter 13 of the revised Lifer Manual.

• In detailing the circumstances leading to the recall request, you must show the deterioration in behaviour/compliance, which leads you to assess that the risk of harm to life and limb, has increased to an unacceptable level. Whilst the seriousness of any breach is a factor, the level of risk to life and limb is paramount.

• Details of previous warnings issued and the licensee’s response to these should be included.

• In cases where the offender is charged with a further offence it is important that you identify the behaviour leading to your assessment of an increase in risk of harm. It is not enough to state that the good behaviour condition in the licence has been breached by the further charges, which may be dropped at a later stage.

• In considering the information that could evidence deterioration in behaviour and increase in risks, you should contact the local police force in line with the Joint Protocol and take into account any police information/intelligence in the assessment of risk. This should be considered alongside any police information that was used in pre-release planning, in particular cases outlined in the Protocol.

• With regards to disclosure of this report, there is a presumption in favour of disclosure. Unless you state otherwise, your report will be disclosed to the offender and should be shared with them to inform future supervision. If your recall request uses evidence from other agencies, or victims, which is sensitive or puts anyone at risk, you should consider how to present that information. PC 13/2003 is still relevant but is currently being updated to take account of MAPPA considerations. It may be helpful to provide a gist report as it allows the offender and his/her legal rep to make an effective appeal and can be used for future offender management discussions. If in doubt, you should discuss any issues of disclosure with members of LRRS’ Post Release team.

• Where the offender is managed within the MAPPA framework at level 2 or 3, and there are meeting notes which could inform the LRRS or Parole Board’s decision making, it is important that you consider how this information should be disclosed. It may be more useful to the process to incorporate the assessments made in Multi-Agency meetings, rather than send the MAPPA meeting minutes in their entirety as enclosures.

• LRRS/Parole Board will take the decision to recall based on the evidence provided of the breakdown of supervision and an increase in risk of serious harm.

RISK ASSESSMENT:

This assessment will inform LRRS’/Parole Board decision to recall and any future consideration of release.

• If there is no Pre or Post Sentence Report containing an analysis of the index offence the Parole Board will need a brief analysis of the index offence, the pattern of behaviour surrounding the offence and any pattern of offending. This could then be linked to the behaviour displayed preceding the request for recall and any triggers/underlying factors that increase risk to a specific individual or individuals, or members of the public generally.

• You should include the results of risk assessment tools already undertaken, any information from the Victim Liaison Officer and information from other agencies (including the police) to inform an up to date judgement on the level of risk the individual presents to life and limb; in terms of the likelihood of re-offending and the potential impact (i.e. the level of harm) at the point of notification/request for recall.

• It is important to be specific about the increased risks; who is at risk, of what, when and in what circumstances, so that the risk management plan for re-release can address them.

ENDORSEMENT OF Risk Assessment AND RECALL REQUEST BY LINE MANAGER:

The line manager and the ACO (or equivalent grade senior manager) should add their comments and endorse the risk assessment and recommendation to recall so that recall can be processed by the LRRS.

LRRS Guidance:

When LRRS have issued the revocation notice and informed the SPOC, they will also inform the supervising officer responsible for the report, whose telephone/fax number appears on the front of the report. If you do not receive confirmation of the recall decision, please contact any member of LRRS’ post-release team.

Annex 10

REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS) FOR REPRESENTATIONS AGAINST RECALL HEARINGS

Annex 11

GUIDANCE ON THE COMPLETION OF THE REPORT TO THE LIFER REVIEW & RECALL SECTION (LRRS) AND THE PAROLE BOARD FOR CONSIDERATION AT A REPRESENTATIONS AGAINST RECALL HEARING

INTRODUCTION AND PRINCIPLES

Every recalled licensee is given the opportunity to submit representations against recall to the Parole Board and to have these considered at an oral hearing once they have been returned to custody. If a licensee has been recalled under the emergency procedures, the Parole Board must consider the propriety of the original recall decision made by LRRS even if the recalled licensee does not submit any representations. This review will normally be based on the papers alone. If, at a representations against recall hearing, the Parole Board panel considers that the risk presented is still unacceptable, that it is necessary for the protection of the public that the licensee continue to be detained, the licensee will remain in prison until such time as the level of risk has sufficiently reduced to warrant re-release. However, if at the hearing the panel deems the level of risk of danger to life and limb is no more than minimal, that the risk has sufficiently reduced to a level capable of being managed under licensed supervision or in emergency cases do not agree that the original recall decision was justified, it will direct the immediate re-release of the licensee.

Once a recalled licensee has indicated to the LRRS that they wish to make representations against recall, a report from the supervising officer will be requested via the ACO so as to update the Parole Board with events since recall and enable them to reach an informed decision on the validity of the recall in emergency recall cases and whether or not the recalled licensee should be re-released. The Parole Board requires a release plan in the event that they consider re-release to be appropriate at the representations against recall hearing. This report must be submitted to the LRRS within 4 weeks.

In the event that an oral hearing is not requested by either the licensee or the LRRS acting on behalf of the Secretary of State, the recalled licensee’s representations will be considered on the papers only and any decision made by the Parole Board will be the substantive decision.

When a case is to proceed to an oral hearing, the LRRS will inform the ACO of the need for the supervising probation service to attend the hearing.

GUIDANCE FOR COMPLETING THE REPORT

• PROBATION DETAILS:

This should be the report author/supervising officer’s contact details.

• OFFENDER DETAILS:

As much detail as is known about the licensee should be entered here, particularly their full name and any aliases, last known address, current OASys risk of harm category, MAPPA level, ethnicity, sex offender status and sentence. Any additional non-standard conditions should be listed as should convictions since release.

Please give details of developments since the last report in relation to:

1. Introduction

Describe your knowledge of this case, your professional background and experience, date supervision commenced and amount of contact with the licensee since last release and return to custody following recall. Outline the basis for this report, for example, following an interview and/or review of case file records.

2. Circumstances leading to the recall

A full account of the circumstances leading to the recall based on all information known before or after the recall decision. Cross refer to events outlined in report requesting recall submitted to LRRS. The account should include any of the following that are relevant to the case not previously submitted with the Recall Report to LRRS:

• Full details of behaviour which led to the licensee being charged for a further offence by the police

• Copies of any reports, statements of evidence or other material obtained by the police, with confirmation of their disclosure status

• Hostel logs showing non-compliance with hostel regulations such as curfew requirements

• Any contemporaneous notes or record of supervision that shed light on the circumstances leading to the recall.

3. Subsequent developments

Provide details of all subsequent developments since recall, including as applicable, information relating to time spent unlawfully at large, date of return to custody and any criminal proceedings.

4. Current assessment of risk of harm and re-offending

Provide an assessment of risk of harm, its nature, likelihood and impact, and risk of reoffending. Also comment on:

• The extent to which there is a causal link between the index offence and the behaviour that led to recall

• Any further identified areas of risk that have arisen as a result of the recall, if applicable

• Any other risk assessments of the prisoner that is available, for example Risk Matrix 2000.

• Patterns of offending or risk related behaviours during the licence period, whether resulting in criminal convictions or not.

5. Risk management/release plan

Provide detail of the proposed release/risk management plan in every case, even if you view that the risk in releasing the licensee is too high. The risk management place should outline how licence supervision on re-release can manage the specific risks identified in the Request for Recall report. Attention should be paid to:

• What existing support/controls are in place and can be re-activated on re-release?

• What added measures can be put into place to address the specific risks outlined?

• Who will undertake the actions and how soon can they be done?

• What conditions could be added to the licence to manage the specific risks outlined as appropriate?

Where any parts of the plan cannot be immediately put in place, for example accommodation, you must advise on what needs to happen, and the likely timescale, in order to effect a successful release plan. Where the offender needs to undertake further work whilst in custody, in order to facilitate a safe re-release, specify the likely timescale if known.

6. Victim(s) issues

Victim Liaison Officers should be contacted and the victim’s concerns accounted for. It should be borne in mind that the prisoner will be entitled to full disclosure of all the papers considered by the Parole Board in the event of recall. The LRRS Post-Release Team (PRT) will aim to prevent disclosing sensitive information while, at the same time, ensuring that the Parole Board has sufficient information on which to reach a decision and that the prisoner has sufficient information in order for him/her to make informed representations. If in doubt, you should discuss any issues of disclosure with members of PRT.

• RECOMMENDATION/CONCLUSION:

Provide a clear recommendation as the extent to which the level of risk can be safely managed in the community. If immediate release is not appropriate, describe any areas of concern that remain to be addressed and the work needed to be done prior to release.

• SENIOR MANAGER/ACO ENDORSEMENT:

The report must be signed and endorsed by the Senior Manager and at ACO or equivalent level before it is submitted to LRRS.

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[1] The life licence for prisoners released prior to 16 May 2005 contained only 6 standard conditions. Condition 7 relating to good behaviour was added as a standard condition on to licences for prisoners released on or after this date.

[2] For the purpose of this Manual the term “supervising officer” should be regarded as an offender manager trained to deliver to the Tier 4 case management approach within the National Offender Management model.

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