Prison Service Order

ORDERNUMBER

6700

Home Detention Curfew

Date of Amendment

Click on Number for link to reference

PSI’s are to be read in conjunction with the PSO

19/08/13 PSI 25/2013 – PI 10/2013 – Accommodation and Support Service for Bail and HDC (Replaces Annex I and para 5.17.8 to PSO 6700)

25/01/03 PSI 43/2012 – Legal Aid, Sentencing and Punishment of Offenders Act 2012 - HDC (consolidates CJA 91 & 03 schemes, guidance on multiple sentences, updates presumed unsuitable offence lists)

06/12/12 PSI 40/2012 – Licences and Licence Conditions04/11/11 PSI 52-2011 – paras 2.42-2.52 and annex D add

guidance on Foreign National Prisoners and HDC.20/10/08 PSI 41/2008 - Introduction of Cross Border

Arrangements between England & Wales and Scotland for HDC purposes

14/07/08 PSI 29/2008 –Recall and Re-release of Determinate Sentence Prisoners

27/11/06 PSI 31/2006 – Impact of CJA 2003 & consolidation of guidance

17/01/05 PSI 53/2004 - Changes to HDC Risk Assessment Process

16/07/03 PSI 31/2003 – Changes to HDC (increase to 135 days; introduction of presumed unsuitable offences)

05/08/02 PSI 39/2002 - Extension of Presumptive HDC 01/05/02 PSI 19/2002 - Changes to HDC Policy: Presumptive

HDC01/03/01 PSI 09/2001 - Home Detention Curfew (to reflect

statutory exclusion of registered sex offenders from HDC)

Link to Index of HDC forms (Printable versions)

Order Ref. No. 6700 Contents, Page 1

HOME DETENTION CURFEW

Chapter Contents

0 Key Points

1 Introduction

2 Eligibility

3 Sentence Calculation

4 Preparation during sentence

5 Risk assessment

6 Setting of licence conditions

7 Notification to the prisoner

8 Procedures for release

9 Post release arrangements and recall of offenders

Annexes Contents

A Risk assessment flow chart

B Home Detention Curfew forms

C HDC standard licences

D New and revised sections of the CJA 1991

E Roles of the other agencies

F Authorised absences

G Electronic Monitoring Regions

H Allocation of standard licence hours by establishment

I BASS (accommodation and support services for Bail and HDC)[Annex I replaced 08/07/2013 to conform with PSI 25/2013 – PI 10/2013]

For further advice and guidance please contact sppu.early.release@justice.gsi.gov.uk or phone Suleman Qureshi or Junior Ogueri on 020 3334 5044/5043.

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KEY POINTS

CHAPTER ONE: INTRODUCTION

The Home Detention Curfew scheme came into force on 28 January 1999. For most eligible prisoners HDC will be a normal part of their progression through their sentence.

They will normally be released on HDC unless there are clear grounds to indicate that they are unlikely successfully to complete the period on curfew. However, prisoners must pass a risk assessment and have suitable accommodation approved by the Probation Service before they can be granted Home Detention Curfew.

For further advice and guidance on the scheme please telephone 0171 217 6370 or 6451.

CHAPTER TWO: ELIGIBILITY

All prisoners serving sentences of three months or over but less than four years will be eligible for Home Detention Curfew unless they fall into one of the categories listed in paragraphs 2.3-4. Prisoners may not be released on Home Detention Curfew before they have reached the age of 18.

Where the prisoner appears to be eligible for HDC, the reception prison must as a matter of priority acquire records of previous convictions, and check the prisoner’s past custodial history in order to determine eligibility. If the reception prison has direct access to Phoenix it must not transfer the prisoner to another establishment until this information has been recorded.

The Governor responsible for authorising releases on HDC must assess whether there are exceptional circumstances before deciding whether to initiate a risk assessment for offenders serving a sentence for offences covered by Part 1 of the Sex Offenders Act 1997.

CHAPTER THREE: SENTENCE CALCULATION

Home Detention Curfew eligibility dates must be calculated and notified to eligible prisoners at the same point as conditional or automatic release dates.

Prisoners must not be released on Home Detention Curfew in advance of their eligibility date. Prisoners whose eligibility date falls on a weekend or bank-holiday must not be released until after that date.

CHAPTER FOUR: PREPARATION DURING SENTENCE

Establishments must collect core documents required for the risk assessment, using Section Four of the ICA forms as a checklist.

Prisoners must be encouraged to focus on their suitability for Home Detention Curfew, and on ensuring that they have a suitable release address.

Sentence planning must address suitability for HDC, but make clear that the final decision on suitability will be taken by the establishment at the time of release.

CHAPTER FIVE: RISK ASSESSMENT

All eligible prisoners must be assessed for Home Detention Curfew, unless they are sex offenders, Category A or the Governor responsible for authorising releases on HDC judges that the time remaining until the half way point of sentence is insufficient to enable a risk assessment to be undertaken and a curfew of at least 14 days to be imposed.

Prisoners must normally be released on Home Detention Curfew unless there are substantive reasons for retaining the prisoner in custody until his or her conditional or automatic release date.

The risk assessment must take into account the prisoner’s previous convictions, the risk predictor assessment based on those convictions, and the report of the home probation service. In addition, the core documents listed in Section 4 of the ICA forms should also be taken into account where available, and Governors may decide to postpone a decision where such documentation is not available if there is evidence on file to suggest it might alter the decision.

Prisoners being assessed for Home Detention Curfew must not be refused unless they have been considered by a Home Detention Curfew Board comprising at least a Governor grade and a member of the seconded probation team or throughcare team.

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The decision whether or not to release a prisoner on Home Detention Curfew must be taken on behalf of the Secretary of State by the Governing Governor, the Controller in contractually managed prisons, or a Governor of at least Governor 4 level (or, where there is only one Governor of more senior grade at that establishment, of Governor 5 level) who has been approved for this role by the Area Manager.

CHAPTER SIX: LICENCE CONDITIONS

All prisoners released on Home Detention Curfew must be released on licence. For prisoners serving sentences of under one year the licence will expire at the halfway point of sentence. For prisoners serving sentences of one year or over the curfew condition will expire at the halfway point of sentence and the licence itself will expire at the three quarter point of sentence less the period spent on curfew

The curfew hours should normally be for 12 hours. Curfews must never last for less than nine hours a day except on the initial day of release.

Curfews on the initial day of release may be less than nine hours. Governors must take into account travelling time and other obligations, but should normally commence the curfew at 3:00 in the afternoon.

Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree that they consent to the conditions imposed.

CHAPTER SEVEN: NOTIFICATION TO PRISONERS

Prisoners must be notified as soon as possible following the decision on their suitability for Home Detention Curfew. Reasons must be provided where HDC is refused.

Reports must be prepared where possible so as to be suitable for disclosure. Where the Governing Governor or Acting Governor decides that information cannot be disclosed because it falls into one of the categories set out at paragraph 7., the prisoner must be informed that some information has not been disclosed. Non-disclosable information must be held separately.

All appeals about Home Detention Curfew must be dealt with as a matter of priority. Where available the appeal must be dealt with by a Governor of a higher grade.

CHAPTER EIGHT: PROCEDURES FOR RELEASE

Form HDC7 must be faxed 14 days in advance of release or as soon as possible thereafter to the contact points for the contractor, the probation service, the local police force and to the NIS at New Scotland Yard. If the prisoner is not released on HDC on the due date, the agencies notified of the original proposed release date must be informed of the new expected release date and whether this is on HDC.

On the day of release, the prisoner must sign the licence agreeing to the conditions of release. A copy of the signed licence must be faxed to all the agencies who received the HDC7 on the day of release. The licence must be faxed to the contractor as early as possible and at any event by 2pm on the day of release.

One copy of the licence must be placed on the F2050 record, and copies must be faxed to the other agencies involved on the day of release.

CHAPTER NINE: POST-RELEASE ARRANGEMENTS AND RECALL

Requests to amend the licence conditions for one-off requirements will normally be handled by the contractor. Governors are required to authorise on behalf of the Secretary of State any permanent changes to licence conditions

Licence conditions must not normally be changed where it is reasonable to expect the offender to continue to abide by existing licence conditions. Documentary evidence may be required.

The curfew address must not be changed without an assessment of the suitability of the new address by the home probation service.

The Parole Unit in Prison Service Headquarters is responsible for revoking the licence of offenders who have breached their curfew conditions. Offenders recalled to prison will be returned to the nearest suitable establishment, which must make arrangements for their reception. The establishment must inform the Parole Unit that the offender has been returned to custody. Appeals

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against recall will be handled by the Parole Unit. Prisoners recalled for breach of HDC must be released at the half way point of sentence. Time spent

on curfew will count as time served, but time spent unlawfully at large following recall will not. If serving one year or over, the LED will be at the three quarter point of sentence less the time spent on curfew before the recall notice was issued.

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CHAPTER 1 - INTRODUCTION

KEY POINTS

The Home Detention Curfew scheme came into force on 28 January 1999. For most eligible prisoners HDC will be a normal part of their progression through their

sentence. They will normally be released on HDC unless there are clear grounds to indicate that they are unlikely successfully to complete the period on curfew. However, prisoners must pass a risk assessment and have suitable accommodation approved by the Probation Service before they can be granted Home Detention Curfew.

For further advice and guidance on the scheme please telephone 0171 217 6370 or 6451.

1.1. The Home Detention Curfew (HDC) scheme was introduced following the passage of the Crime and Disorder Act 1998. It came into force on 28 January 1999.

1.2. Under section 34A of the Criminal Justice Act 1991 (as amended by sections 99-100 of the Crime & Disorder Act 1998), prisoners serving sentences of three months or over but less than four years, and who are not subject to a statutory exclusion (see Chapter 2 on eligibility), may be released on licence after serving a requisite period, determined by their sentence length (see Chapter 3 on sentence calculation). The discretion to authorise the release of a prisoner under this section lies with the Secretary of State, and will be exercised on his behalf by a Governor of the prison where the prisoner is detained. In contractually-managed prisons, the Controller will exercise this discretion.

1.3. The licence will contain a curfew condition, which will last until the halfway point of sentence (see Chapter 6). Young offenders and adult prisoners serving sentences of twelve months or more will also be subject to normal ACR licence conditions, which will last until the three quarter point of sentence less the period spent on curfew. If the prisoner breaks the curfew condition they may be recalled immediately to prison and will then be released at the halfway point of sentence.

1.4. The purpose of HDC is to manage more effectively the transition of offenders from custody back into the community. Prisoners will be granted HDC only if they have passed a risk assessment and are able to provide a suitable home address which is approved by the Probation Service (see Chapter 5 on risk assessment). However, for most eligible prisoners HDC must be viewed as a normal part of his or her progression through the sentence. Prisoners will normally be released on HDC unless there are grounds to indicate the prisoner is unlikely to complete successfully the period on HDC.

1.5. Once released on HDC licence, the prisoner will be electronically tagged by a contractor who will monitor the prisoner’s compliance with his or her licence conditions (see Chapter 9 on post release arrangements & recall of prisoners). If the offender commits a significant breach of his or her licence conditions, the contractor will inform the Parole Unit in Prison Service Headquarters, who will decide whether to recall the offender to custody to serve the remainder of his or her sentence until the conditional or automatic release date.

1.6. An information protocol giving contact points for the other agencies involved in Home Detention Curfew and outlining the arrangements for the exchange of information between those agencies has been issued by the Home Office.

1.7. For further advice and guidance please contact sppu.early.release@justice.gsi.gov.uk or phone Suleman Qureshi or Junior Ogueri on 020 3334 5044/5043.

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CHAPTER 2 - ELIGIBILITY FOR HOME DETENTION CURFEW

KEY POINTS

All prisoners serving sentences of three months or over but less than four years will be eligible for Home Detention Curfew unless they fall into one of the categories listed in paragraphs 2.3-4. Prisoners may not be released on Home Detention Curfew before they have reached the age of 18.

Where the prisoner appears to be eligible for HDC, the reception prison must as a matter of priority acquire records of previous convictions, and check the prisoner’s past custodial history in order to determine eligibility. If the reception prison has direct access to Phoenix it must not transfer the prisoner to another establishment until this information has been recorded.

The Governor responsible for authorising releases on HDC must assess whether there are exceptional circumstances before deciding whether to initiate a risk assessment for offenders serving a sentence for offences covered by Part 1 of the Sex Offenders Act 1997.

2.1 General

2.1.1 Most prisoners serving sentences of three months or over but less than four years will be eligible for consideration for Home Detention Curfew. The exceptions, who are excluded under the legislation, are listed in paragraphs 2.3-4. below. In addition special provisions apply in respect of prisoners subject to the provisions of the Sex Offenders Act 1997.

2.1.2 The reception prison must as a matter of priority acquire records of the prisoner’s previous convictions, and where there is evidence of a possible previous period of Home Detention Curfew, must check to confirm whether or not the prisoner was recalled from that curfew under section 38A(1)(a). If the reception prison has direct access to Phoenix it must not transfer the prisoner to another establishment until this information has been recorded.

2.2 Statutory exceptions

2.2.1 Under Section 34A of the 1991 Criminal Justice Act (as amended) the following are not eligible for Home Detention Curfew:

(i) violent and sex offenders currently serving an extended sentence (i.e. one which will involve extended supervision) under section 58 of the Crime & Disorder Act 1998;

(ii) prisoners currently serving a sentence for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (for failure to return to custody following a period of temporary release);

(iii) prisoners currently subject to a hospital order, hospital direction or transfer direction under section 37, 45A, or 47 of the Mental Health Act 1983;

(iv) prisoners currently serving a sentence imposed under paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to the Criminal Justice Act 1991 in a case where the prisoner had failed to comply with a requirement of a curfew order;

(v) prisoners who have at any time been recalled to prison from a Home Detention Curfew under section 38A(1)(a) of the 1991 Act, unless the prisoner successfully appealed against the recall. (N.B. Recalls under section 38A(1) subsections (b) of (c) do not exclude the prisoner. For further explanation of the recall powers see paragraph 9.1).

(vi) prisoners currently liable to removal from the United Kingdom under section 46 of the Criminal Justice Act 1991 (for further details see PSO 6000);

(vii) prisoners who have, during the current sentence, been released on Home Detention Curfew or given early compassionate release under section 36 of the Criminal Justice Act 1991 and have been recalled to prison under section 39(1) or (2) of the Act;

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(viii) prisoners who have at any time been returned to prison under section 40 of the Criminal Justice Act 1991 (return to custody for committing an offence before the at risk period of a sentence has expired);

(ix) prisoners who have not served the requisite period of their sentence until there are fewer than 14 days remaining until the half way point of sentence (N.B. prisoners on remand or in police custody are not considered to have served the requisite period until the day on which they are sentenced - if the half way point of sentence is then less than 14 days away, they are therefore ineligible);

(x) prisoners who have not yet reached the age of 18 (those reaching 18 during their sentence will become eligible once they have reached this age and have served the requisite period);

2.2.2 Fine defaulters and contemnors, whether civil or criminal, are not eligible for Home Detention Curfew, since they are not serving a sentence of imprisonment (see also paragraph 2.11).

2.3 Prisoners previously recalled to custody

2.3.1 In addition to the legislative exclusion noted at paragraph 2..2.1 (vii) above applying to those recalled during a current sentence, offenders who have at any time previously been recalled to prison under section 39 of the Criminal Justice Act 1991 (by the Parole Unit or Parole Board) whilst on HDC must not be granted HDC save in exceptional circumstances. The recall code entered on the IIS system by the Parole Unit will distinguish those recalled whilst subject to HDC conditions. Such prisoners have clearly demonstrated by their behaviour whilst on licence that there is doubt about their ability to comply with licence conditions. Assessments should not be initiated in the case of such prisoners unless the Governor decides that exceptional circumstances exist.

2.4 Sex offenders

2.4.1 Individual authorisation by the Director General is required before any prisoner who will be required to register with the police under Part I of the Sex Offenders Act 1997 is placed on HDC. Establishments must not commence a risk assessment on such prisoners unless there are exceptional circumstances. Offenders required to register under the 1997 Act have been recognised by Parliament as presenting a particular type of risk. Other prisoners not required to register under the Act but whose past convictions suggest potential for sexual offending must also be scrutinised with extreme care.

2.4.2 All cases involving offenders required to register under the 1997 Act must be checked by a Governor authorised to determine suitability for release on HDC. He or she must consider all such cases on their merits, taking into account the circumstances of the offence, the prisoner’s risk to the public and the potential supervision arrangements, and should only authorise the initiation of the full assessment as outlined in Chapter Five of this manual if exceptional circumstances potentially meriting the use of HDC are evident. If it is decided to undertake the full assessment, Prisoner Administration Group in Headquarters should be informed immediately. If it is decided following the full assessment that the offender appears to meet the criteria in paragraph 2.7 below, then the case must be referred for consideration to the Area Manager for possible submission to the Director General for approval.

2.4.3 No prisoner falling into this category should be released without the most careful scrutiny and clear evidence of either minimal or no risk to the public at large and of a clear potential benefit to the chances of successful resettlement, treatment or supervision. For instance, if release into a treatment centre is judged central to the release plan of a prisoner who whilst under supervision is likely to present no significant risk to the public at large and if the curfew was considered necessary to support the likely completion of the treatment (by requiring the offender to remain in residency), this might qualify the case exceptionally as suitable for consideration.

2.4.4 If the case does exceptionally appear to warrant assessment, the establishment should, in addition to consulting the probation service, also write to the police force for the area to which the offender is being considered for curfew using form HDC10. The request should be made at least 4 weeks before the response is required. Enquiries should be sent to the Force Intelligence Bureau of the police force area

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in which the prisoner has nominated their curfew address, except for cases in the Metropolitan Police Area, when the enquiry should be routed through their Police Liaison Officer.

2.4.5 The police should be approached for factual information relating to the prisoner’s criminal antecedents (where this is not held by the prison) or criminal intelligence which is directly relevant to the curfew decision, and for any views on the suitability of the particular address, particularly in relation to victim issues. It is not the function or responsibility of the police to say whether a prisoner is suitable for Home Detention Curfew. They will share relevant available information but are not necessarily in a position to make detailed enquiries on suitability. If the police do not provide any comments this should not be taken as either tacit approval or objection to the prisoner’s suitability.

2.5 Category A prisoners

2.5.1. Very occasionally a Category A prisoner will be serving a sentence of under four years, in which case he or she is not subject to a statutory exclusion from the scheme unless falling into one of the categories set out in paragraphs 2.3-4 above. However such prisoners have already been assessed as presenting a serious risk to the public. Establishments must therefore not follow the normal procedure of automatically embarking upon an HDC risk assessment for such prisoners, and instead preparations must be made for their release on the assumption that this will take place at the conditional or automatic release date. If a Category A prisoner appeals and requests consideration for HDC, the Governor must consider whether there are exceptional circumstances to merit initiating the risk assessment.

2.6 Concurrently and consecutively sentenced prisoners and remand prisoners

2.6.1 In order to be placed on Home Detention Curfew as part of their sentence, prisoners must not be subject to any other custodial requirement. Therefore prisoners who are subject to consecutive default terms (e.g. for contempt of court, for fine defaulting or because of an outstanding confiscation order) or who are remanded on other charges should not normally be assessed for HDC. Exceptionally, an assessment may however be initiated if there is clear evidence that a prisoner is likely to become eligible and still be in a position to serve a curfew of at least 14 days (for instance because the prisoner is clearly in the process of paying the fine and so the default term is unlikely to come into effect). In such cases Governors have discretion to initiate the assessment.

2.7 Prisoners on a restricted transfer to other UK jurisdictions

2.7.1 If a prisoner has been given a restricted transfer to another UK jurisdiction he or she is still eligible to be considered for HDC within England and Wales. However the prisoner will normally have been transferred to assist in their resettlement or for the maintenance of their family ties. Therefore, unless there are good reasons why the prisoner wishes to return to England and Wales (e.g. because the prisoner is based in England but was transferred in order to be closer to a seriously ill relative who has subsequently died), he or she should not normally be considered for HDC. If the prisoner makes an application to be considered, can nominate a suitable address in England or Wales and gives evidence that he or she intends to settle there, then the Governor of the establishment from which he was transferred to the other jurisdiction must consider whether an assessment should be undertaken. If an assessment is undertaken, it will be the responsibility of that establishment to assess the offender, taking into account reports prepared by the prison service of the other jurisdiction.

2.8 Prisoners subject to a courts martial

2.8.1 Prisoners serving sentences of imprisonment imposed by courts martial and subject to the same sentencing framework under Part II of the Criminal Justice Act 1991 as offenders who have been sentenced by non-military courts should be assessed for HDC on the same basis as other offenders. If, exceptionally, a courts-martial prisoner has not also been discharged from the Services, such a prisoner cannot nominate Service quarters as a suitable address since the contractors will not have 24 hour access to the premises.

2.9 Prisoners who have been unlawfully at large

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2.9.1 Prisoners who have been unlawfully at large are eligible for HDC, although the fact that they have been unlawfully at large will be highly relevant in assessing their suitability for HDC. This is the case even were a prisoner has only become eligible for HDC by virtue of the time spent unlawfully at large. In such cases, however, HDC will clearly be unsuitable.

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CHAPTER 3 - SENTENCE CALCULATION

KEY POINTS

Home Detention Curfew eligibility dates must be calculated and notified to eligible prisoners at the same point as conditional or automatic release dates.

Prisoners must not be released on Home Detention Curfew in advance of their eligibility date. Prisoners whose eligibility date falls on a weekend or bank-holiday must not be released until after that date.

3.1 General

3.1.1 The Discipline Office must calculate a prisoner’s Home Detention Curfew eligibility date when calculating their conditional or automatic release date, and inform the prisoner of both dates simultaneously.

3.1.2 Changes will be made to both the Local and Central IIS systems as a result of the introduction of HDC and separate guidance will be issued on these changes in due course.

3.1.3 Prisoners required to register under Part I of the Sex Offenders Act 1997 must have their eligibility date calculated in the same way as other prisoners, even though they will not be granted HDC save in exceptional circumstances.

3.2 Calculating the Curfew eligibility date

3.2.1 The eligibility date is determined by the length of the sentence, as set out below.

Sentence Length Requisite period to be served before the HDC eligibility date

Length of HDC curfew period

3 months or more but less than 4 months.

30 days Between 15 and 30 days (unchanged from current system) depending on length of sentence.

4 months or more, but less than 12 months.

One quarter of the sentence Between 30 and 90 days depending on length of sentence.

12 months or more. 90 days less than half the sentence

90 days

3.2.2 Prisoners cannot be discharged on HDC until the requisite period has been served. For example, a prisoner serving a three month sentence must serve 30 days before being discharged on HDC on the following day (day 31). Therefore a prisoner whose sentence commenced on 1 March (day 1) would have served the 30 day period on 30 March and be eligible to be discharged on HDC on 31 March.

3.2.3 Police custody and remand time which is taken into account in calculating a prisoner’s other release dates (e.g. ARD or CRD) must also be taken into account in calculating the HDC eligibility date.

3.2.4 Prisoners must not be released on Home Detention Curfew before they have served the requisite period. Where a prisoner’s HDC eligibility date falls on a Saturday or Sunday, therefore, the prisoner must not be released on HDC until the Monday after the weekend. The prisoner must not be released

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on the preceding Friday. Similarly prisoners due to be released on a bank holiday must not be released until the day following.

N.B. As noted in chapter 2, a prisoner who, because of time spent on remand, is within 14 days of the half-way point of sentence on the day they are sentenced will not be eligible for Home Detention Curfew.

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3.3 Action during sentence

3.3.1 The prisoner must be informed in writing if it is subsequently discovered that he or she is covered by one of the statutory exclusions to the scheme.

3.3.2 Once calculated the eligibility date will trigger a reminder at the point at which the risk assessment process must commence. This must be at least ten weeks before the HDC eligibility date, or the maximum period possible where the eligibility date is less than ten weeks from the time of calculation.

3.3.4 If there are any changes in circumstances which affect a prisoner’s release dates (e.g. time spent in police custody is notified, time spent unlawfully at large, additional days are awarded), the prisoner’s eligibility date for HDC must be recalculated as well as all other release dates.

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CHAPTER 4 - PREPARATION DURING SENTENCE

KEY POINTS

Establishments must collect core documents required for the risk assessment, using Section Four of the ICA forms as a checklist.

Prisoners must be encouraged to focus on their suitability for Home Detention Curfew, and on ensuring that they have a suitable release address.

Sentence planning must address suitability for HDC, but make clear that the final decision on suitability will be taken by the establishment at the time of release.

4.1 Details of the Home Detention Curfew scheme will be included in future editions of the Prisoners’ Information Book. Every eligible prisoner in custody must be provided with a copy of form HDC9 following the calculation of the prisoner’s release dates following reception. This will provide basic details of the scheme and confirm their provisional HDC eligibility date

4.2 Section 4 of the Initial Categorisation/classification form, used for all prisoners, whether sentence planned or not, (ICA1 for adult males, ICA2 for YOs, ICA3 for women and female YOs) provides a checklist to ensure all core documents necessary for the risk assessment are collected.

4.3 For prisoners subject to sentence planning, the sentence planning process and documents, initial assessments and reviews, will inform the risk assessment . This will be based on the guidance on risk assessment contained in sections 11 -14 of the Sentence Management and Planning Manual, Prison Service Order 2200.

4.4 A prisoner’s potential suitability for release must be commented upon in sentence planning reviews. Sentence planning forms are being amended to integrate HDC into the planning process.

4.5 It must, however, be made clear to the prisoner that such assessments do not over-ride the assessment at the point at release. The final assessment must be made in the light of up-to-date evidence of the prisoner’s suitability for HDC. It is important to note that:

(i) Sentence planning information will need to be updated if some time has elapsed between the last review and the consideration for Home Detention Curfew.

(ii) The risk assessment has to be undertaken in relation to the specifics of the HDC proposal, i.e. place, curfew times, etc.

4.6 All prisoners meeting the eligibility criteria who appear to have a reasonable prospect of passing the risk assessment must be encouraged to focus on working towards their release on HDC. In particular, prisoners must be informed that they will need suitable accommodation which will have to be approved by the Probation Service to which to be curfewed and encouraged to locate such accommodation, if they do not have such an address.

4.7 Prisoners may request help in locating accommodation. The home probation service will normally be best placed to provide assistance, although resources may not always be available to provide such assistance, particularly in the case of prisoners serving less than one year who are not subject to probation supervision. Establishments should consider in such cases whether they are able to provide assistance in other ways (for instance maintaining a list of local housing associations).

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CHAPTER 5 - RISK ASSESSMENT

KEY POINTS

All eligible prisoners must be assessed for Home Detention Curfew, unless they are sex offenders, Category A or the Governor responsible for authorising releases on HDC judges that the time remaining until the half way point of sentence is insufficient to enable a risk assessment to be undertaken and a curfew of at least 14 days to be imposed.

Prisoners must normally be released on Home Detention Curfew unless one or more of the reasons at paragraph 5.38 applies.

The risk assessment must take into account the prisoner’s previous convictions, the risk predictor assessment based on those convictions, and the report of the home probation service. In addition, the core documents listed in Section 4 of the ICA forms should also be taken into account where available, and Governors may decide to postpone a decision where such documentation is not available if there is evidence on file to suggest it might alter the decision.

Prisoners being assessed for Home Detention Curfew must not be refused unless they have been considered by a Home Detention Curfew Board comprising at least a Governor grade and a member of the seconded probation team or throughcare team.

The decision whether or not to release a prisoner on Home Detention Curfew must be taken on behalf of the Secretary of State by the Governing Governor, the Controller in contractually managed prisons, or a Governor of at least Governor 4 level (or, where there is only one Governor of more senior grade at that establishment, of Governor 5 level) who has been approved for this role by the Area Manager.

5.1 Initiating the risk assessment

5.1.1 The risk assessment for Home Detention Curfew must where possible be commenced ten weeks before a prisoner’s eligibility date. In cases where the prisoner is not sentenced until there are less than ten weeks to go until their conditional or automatic release date, the assessment must be commenced immediately. The local IIS (LIDS) system will provide a schedule of those prisoners whose risk assessment is due to commence.

5.1.2 Risk assessments must not be initiated if the prisoner is ineligible. If the prisoner will be required to register under the Sex Offenders Act 1997 the Governor must be consider whether exceptional circumstances apply to merit commencement of the risk assessment. If the prisoner is Category A the risk assessment must not initiated unless the Governing Governor decides, following an application by the prisoner, that there are exceptional circumstances to merit a risk assessment. (See the guidance in Chapter 2). See also paragraph for the position on

5.2 Assessments curtailed due to lack of time

5.2.1 Establishments should not normally initiate an assessment where it appears likely that the assessment could not be completed satisfactorily in time for the prisoner to be subject to a curfew lasting at least fourteen days. The Governor responsible for authorising releases on Home Detention Curfew must take this decision. It may be necessary to seek the views of the home probation service when reaching this assessment. If there remain at least 28 days before the half way point of sentence the risk assessment should not normally be set aside on these grounds. Where the assessment is not initiated, the prisoner should be informed using form HDC(6) that they are not being assessed for HDC.

5.3 Risk assessment procedures

5.3.1 All prisoners considered for HDC must be assessed specifically in relation to the potential risk posed by their release on Home Detention Curfew. Guidance on the criteria to be used in the assessment is given at paragraph 5. onwards of this chapter.

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5.3.2 There are two assessment procedures. The standard suitability assessment must be used in the case of all prisoners being assessed and involves consideration of the prisoner’s paperwork and input from prison and home probation service staff. Prisoners identified as requiring more detailed consideration must then be considered by a board under the enhanced assessment.

5.3.3 The enhanced assessment must be applied to prisoners who:

(i) are serving over one year and do not have a successful record of temporary release during their current sentence; or

(ii) are scored as high risk on the risk predictor scores for violent or sex offences or for risk of reimprisonment; or

(iii) are judged in the suitability assessment to require further consideration.

5.3.4 Prisoners must not be refused HDC until they have been considered under the enhanced assessment, except where the sole grounds for refusal are the lack of a suitable curfew address, the shortness of the potential curfew, or the prisoner has indicated that he or she does not wish to be considered for HDC.

5.3.5 A flowchart showing the procedure for assessing prisoners for HDC is included at Annex A.

5.3.6 The forms used in the assessment process for HDC are:

HDC 1: Suitability assessment form

HDC 2: Prisoner’s release address form

HDC 3: Request to Probation Service

HDC 4: Enhanced assessment form

5.3.7 Copies of these forms are at Annex B.

5.8 Timetable

5.8.1 A sample timetable for completing the assessment process for HDC is shown below. This timetable may need to be telescoped if eligibility is imminent at the point of sentence. N.B. See also paragraph 5.3 for guidance on assessments which should be curtailed due to lack of time.

Timing ActionPost sentence Prisoner encouraged to address offending behaviour, and to locate suitable

accommodationTen weeks before HDCED

(i) Prisoner completes form HDC2, giving details of his or her proposed home address(ii) Member of prison staff’s comments to be entered in part 2 of HDC1

Nine weeks before HDCED

Initial read-through of papers

Eight weeks prior to HDCED

HDC3 or PD1 sent to Probation Service for return within 10 working days

Five weeks prior to HDCED

HDC1 completed

Three weeks prior to HDCED

HDC 4 completed if required

Two weeks prior to HDCED

Prisoner (and where required other agencies) to be informed of decision on HDC

5.8.2 For prisoners with an early HDC eligibility date, it will be necessary to collect information for the assessment of suitability very soon after sentence. Arrangements must be made therefore to request such information immediately upon reception of the prisoner. If there is reason from the papers already available to consider that missing information may affect the decision in respect of a prisoner,

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Governors may decide to postpone their decision until that information becomes available. Prisoners must not be released on HDC unless their previous convictions have been considered and the HDC3/PD1 has been returned by the probation service.

5.9 The suitability assessment

5.9.1 The standard suitability assessment is designed to identify those prisoners who are least likely to present an immediate risk to the public.

5.9.2 It is expected that the suitability assessment will normally be undertaken by a member of the seconded probation team. Where they consider this necessary, however, Governors may authorise other members of staff with experience of risk assessments to undertake this work. The suitability assessment is completed using form HDC1.

5.9.3 Following the completion of the suitability assessment, the prisoner must either:

(i) be recommended to the Governor as suitable for release; or(ii) be referred for further consideration under the enhanced assessment.

5.9.4 The suitability assessment consists of the following elements:

(i) Supply of information by prisoner/Refusal to be considered

a) Prisoners must be asked to complete form HDC2, giving details on the proposed release address, and on any other residents living at that address. This information must be forwarded when enquiries are made to the Probation Service.

b) If the prisoner does not wish to be considered for HDC, he or she must sign the HDC2 to confirm this fact. The risk assessment must then be terminated and a copy of the form must be retained on the F2050. If the prisoner wishes any stage during the risk assessment process not to be considered for Home Detention Curfew, written confirmation of this fact must be obtained and placed on the F2050 before the assessment is terminated. If a prisoner subsequently re-applies for consideration, the Governor must consider whether re-embarking on the assessment is justified, taking into account the likelihood of any subsequent change of mind on the part of the prisoner, and the likelihood of an assessment being completed in time.

(ii) Information from a member of prison staff in daily contact with the prisoner

a) An appropriate member of prison staff who has regular day-to-day contact with the prisoner must be asked to provide information on any factors bearing on the prisoner’s suitability, by completing part 2 of form HDC1. The objective is to supply up-to-date information on any factors bearing on the prisoner’s suitability for HDC. The member of prison staff completing the form may in many cases be the prisoner’s personal officer or an officer from the prisoner’s wing, but in some establishments it may be more appropriate another member of staff who has greater contact with the prisoner at other times of the day to comment.

(iii) Scrutiny of papers

a) The seconded probation officer or other authorised officer must conduct an initial scrutiny of the papers available to determine whether there are any immediate issues which the prison staff or home probation service should be invited to comment upon.

b) Where there is doubt whether the prisoner’s state of mental health needs assessment, healthcare staff may also be consulted at this stage. Such enquiries should not routinely be required. The fitting of the tags should not present any physical health issues (and medical assessments are not required when tags are used in community sentences imposed by the courts). The tags will normally be attached to the ankle and will not restrict circulation.

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(iv) Fast track process

a) If it is apparent on the initial scrutiny that the prisoner is not suitable for HDC, the prisoner’s assessment may be completed without the involvement of the home probation service. This will be appropriate in cases where the prisoner is clearly unsuited for HDC and further input from the home probation service would add nothing to the assessment. If it is decided that no input is needed from the home probation service, the prisoner must still be considered under the enhanced assessment, and the decision not to ask for such input must be reviewed at each stage of the assessment process.

(v) Comments by the Probation Service

a) Unless it has been decided that no probation input is required, form HDC3 (or PD1 in the case of offenders serving one year or over) must be sent to the Probation Service for the area to which the prisoner is seeking to be curfewed to ask if they have any comments both on the prisoner’s suitability for release, and on the prisoner’s proposed release address. The Probation Service will, where this is relevant, be responsible for seeking any views of other residents at that address on the proposed curfew of the prisoner to that address. N.B. The views of other residents at the proposed address and of victims may need to be handled confidentially. Please refer to the guidance in chapter 6 on disclosure.

(vi) Assessment by seconded probation team/authorised officer

a) The responsible member of the seconded probation team or other authorised officer must complete the form HDC1 by summarising the prisoner’s suitability for HDC. The summary must cover:

a review of the prisoner’s available core documentation (set out in part 4 of their ICA form), the member of prison staff’s report, and the Probation Service comments;

the prisoner’s risk prediction scores (which must be completed for all prisoners being considered for Home Detention Curfew, whether sentence planned or not);

a recommendation on the prisoner’s suitability for release or, if necessary, referral for the enhanced assessment.

b) The case must be referred for an enhanced assessment if and only if:

the core documents, taken in conjunction with the member of prison staff’s report and the Probation Service’s comments, suggest there is a prima facie case for not releasing the prisoner on HDC (see the guidance at paragraph 5.); or

the risk prediction score indicates that the prisoner is in the statistically high risk category for reconviction for sex offences, violent offences, or for reimprisonment; or

the offender is serving over one year and does not have a successful record of release on temporary licence (or earned community visits where the prisoner has been subject to the same risk assessment procedures as for ROTL). This means not only prisoners who have been granted ROTL and breached it, and prisoners who have failed the risk assessment for ROTL but any prisoner serving 12 months or over who has not been granted and successfully completed ROTL.

vii) Assessment by Governor

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a) Unless there are clear grounds to require the enhanced assessment, then the HDC1 must be forwarded to the relevant Governor to confirm the assessment and authorise the release of the prisoner.

5.10 Enhanced Assessment

5.10.1 The enhanced assessment must be completed by a board using form HDC4. The board must have in front of it previous papers, including form HDC1, which will comprise the necessary background information. Referral for an enhanced assessment must not be taken as evidence that the prisoner is necessarily unsuitable for Home Detention Curfew. For instance the prisoner’s risk predictor score may require that he or she is carefully considered under the enhanced assessment, but progress made whilst in prison may mean that the individual offender in question does not present a significant risk.

5.10.2 The enhanced assessment must be completed by a board comprising at least:

(i) a Governor grade;(ii) a seconded probation officer or a member of the throughcare team.

5.10.3 A member of prison staff with regular contact with the prisoner, e.g. the personal officer, should normally also attend the board if available.

5.10.4 The board must consider the HDC 1 form and core documents, and note in particular

(i) previous criminal history, and any evidence as to the causes of offending behaviour;(ii) participation in and response to offending behaviour work in prison;(iii) response to any periods of release on temporary licence;(iv) relevant behaviour in prison, for example disciplinary offences;(v) any known external factors which may affect likelihood of re-offending;(vi) home circumstances and stability of close relationships.

5.10.5 The chair of the board must complete form HDC4 recording the board's decision and the basis for their conclusions. If an authorised Governor has sat on the HDC board, he or she may then confirm the decision. If the Governor chairing the board is not authorised to confirm the decision, he or she must refer the decision to an authorised Governor for confirmation of that decision.

5.11 Governor’s Authorisation

5.11.1 The decision whether to release a prisoner on Home Detention Curfew or not must be taken by an authorised governor on behalf of the Secretary of State. The Governing Governor (or in contractually managed prisons, the Controller) is authorised to take this decision on behalf of the Secretary of State. The governing Governor may however delegate the task to a Governor of G4 level or above within his or her establishment to authorise this on behalf of the Secretary of State if the area manager approves this appointment. The Area Manager may appoint a G5 Governor to authorise release decisions in establishments where there is only one Governor grade of more senior level.

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5.12 Assessments commencing prior to transfer to another establishment

5.12.1 Prisoners should not normally be transferred whilst the assessment is underway. If a prisoner is transferred between establishments during the assessment process, the relevant papers must be transferred immediately, and the new establishment must continue the assessment immediately. Assessments and reports already completed should normally not be re-commissioned (for instance no further report by the new wing officer should normally be required if the assessment already contains a report by the previous wing officer, and the enhanced assessment should be commenced on the basis of existing papers if this has already been recommended). Where the assessment has been completed, and the prisoner has been assessed as either suitable or unsuitable for Home Detention Curfew, the new establishment should not normally overturn this decision unless new information or the prisoner’s recent behaviour have demonstrated that he or she is not suitable (see paragraph 7.). It will remain the responsibility of the Governor of the establishment from which the prisoner is released to authorise the release on behalf of the Secretary of State.

5.13 General Guidance On Risk Assessment For Home Detention Curfew

5.13.1 It is not possible to guarantee an offender's law-abiding behaviour upon release. The element of risk cannot be eradicated. The assessment of risk for HDC must therefore balance any risk to the public presented by the bringing forward of the release date against the potential benefits of incorporating a period of Home Detention Curfew within the prisoner's sentence.

5.13.2 Assessment of risk must be on the basis of objective evidence of the prisoner’s past record and current behaviour, and must be conducted in a way that is consistent with Prison Service values, rigorously and fairly and free from discrimination. It must be remembered that conduct in the establishment may bear no relation to the risk that the prisoner might present to the family or general public.

5.13.3 Unless they have requested not to be considered, prisoners must normally be released on HDC unless there are substantive reasons for retaining the prisoner in custody until his or her conditional or conditional or automatic release date. These reasons must fall under one of the five headings below:

(i) an unacceptable risk to the victim or to members of the public;(ii) a pattern of offending which indicates a likelihood of re-offending during the Home Detention

Curfew period;(iv) a likelihood of failure to comply with the conditions of the curfew;(v) lack of suitable accommodation for HDC; or(vi) shortness of the potential curfew.

5.13.4 Where Governors consider that there is a potential substantive risk to public safety or of reoffending, they should consider whether this risk might be minimised by setting the curfew hours to cover periods of particular risk. One of the benefits of such a curfew is in prohibiting the offender from being out when he or she is most likely to encounter the circumstances related to other offending, and in allowing for recall action to be taken if he or she does not abide by that prohibition. However, it must be remembered that the curfew provides no physical constraint to prevent the offender from being out of their place of curfew during those hours.

5.14 Risk to the public

5.14.1 Prisoners who present a clear and immediate threat to the public must not be released on HDC. Prisoners must be refused HDC on these grounds where they have displayed in their current, or previous, behaviour a clear tendency to violent or sexual offending and there is evidence to suggest that they continue to present an immediate substantive risk to members of the public.

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5.15 Likelihood of reoffending

5.15.1 HDC is intended to address the temptations of recidivism by providing a managed transition back into the community. Public safety remains paramount. Consideration must be given to whether the risk of reoffending may be addressed by curfew and tagging arrangements.

5.15.2 Nevertheless, if the offender’s past history and current circumstances are such that, even given the constraints of the curfew, there is a clear probability that he or she will return to offending within the period they are on Home Detention Curfew, then release must be refused.

5.16 Likelihood of breaching curfew

5.16.1 There is no advantage in releasing on HDC an offender who is highly unlikely to be able to complete his or her curfew. However, curfew completion rates in this country are currently high, and the deterrent effect of an automatic return to prison should have an impact on failure rates. Establishments must therefore work on the basis that the majority of prisoners will be capable of abiding by their curfew condition for the period they are on curfew.

5.16.2 In particular, prisoners who are not judged suitable for open conditions should not for that reason be considered unsuitable for Home Detention Curfew. If the prisoner’s security categorisation reflects their likelihood of escaping/absconding, it should be taken into account that Home Detention Curfew offers the prisoner the opportunity of release from prison, but only as long as they abide by the curfew condition. For many such prisoners, the deterrent effect of an immediate return to prison may therefore make them more likely to complete the curfew period.

5.17 Suitability of the release address

5.17.1 Prisoners must not be curfewed to addresses outside England and Wales. The address to which the prisoner is curfewed must have an electricity supply. As long as this condition is met the address should be technically suitable for the installation of the curfew equipment. A property without a fixed or metered electricity supply would therefore not be a suitable addess. If a telephone line is not available this will be installed.

5.17.2 The home probation service is responsible for commenting on the suitability of the home address. This will be done either on the HDC 3, or on the PD1 where there is post-release Probation Service supervision. They must comment where the address is unsuitable due to an unacceptable risk to the public (including those living at the address), an unacceptable risk of reoffending, or it suggests a probability of failure to comply with the conditions of curfew.

5.17.3 The Probation Service may also be aware of particular victim issues, which the Governor must take into account when considering the suitability of the proposed release address.

5.17.4 If at any stage of the assessment, the prisoner’s release address is considered unsuitable, consideration must be given to inviting the prisoner to nominate another address. This must only be done where it appears likely that the prisoner would be able to provide an alternative viable address and where the prisoner otherwise appears to have a reasonable prospect of passing the risk assessment.

5.17.5 There may be cases where the probation service is able to arrange housing for a prisoner upon curfew (for instance with a housing association or local authority), but cannot confirm an exact address sufficiently far in advance of the curfew. In such cases, where the local probation service has agreed to this procedure, the Governor has discretion to continue with the risk assessment. Form HDC3 or PD1 should be sent to the home probation service with a request for their assessment of the accommodation proposal, details of which must be attached. Prisoners must only be assessed for HDC on this basis if both the prison and the local probation service are satisfied that the proposal for accommodation is sufficiently specific (e.g. single-residency accommodation on a specified housing estate) to allow for a proper assessment of the risk factors involved.

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5.17.6 If the establishment is advised by the probation service that suitable accommodation will be available, and that any risk factors relevant to the particular address will be considered prior to the curfew of the offender to that address, the risk assessment should be completed taking into account the assessment provided by the probation service. If the offender is assessed as suitable for HDC on this basis, he or she must be informed that the assessment is dependant upon the provision of suitable accommodation.

5.17.7 The probation service is required to confirm the actual address at least two working days prior to the start of the curfew. If the address has not been confirmed two days before the curfew date the offender must be told that his HDC is postponed until an address is confirmed. Any subsequent curfew must be consistent with the guidance on short curfews at paragraph 5.49. Where the assessment has been provisionally completed without confirmation of the address, notification to the offender and to other agencies must indicate the area to which the offender is expected to be curfewed and explain that details of the address will be forwarded using form HDC11 when confirmed.

5.17.8 Where a prisoner does not have a suitable curfew address, or can no longer stay at an address to which he or she has been released on HDC, it may be possible for him/her to be provided with accommodation and support in the Bail Accommodation and Support Service provided to NOMS on contract by Stonham from 18 June 2010.

[Para 5.17.8 replaced 08/07/2013 to conform with PSI 25/2013 – PI 10/2013]

5.18 Short Curfews

5.18.1 The minimum curfew period will normally be 14 days. The purpose of the curfew is to impose a structure and discipline upon the offender on release. In cases where the curfew period would be less than 14 days due to delays in the completion of the assessment or because the release date falls on a weekend or bank-holiday, Governors may authorise a release on curfew, provided a minimum period of 10 days remains. Prisoners must not be placed on curfews due to last less than 10 days save in exceptional circumstances. A specific exception is also made where the curfew would only last a short period because the prisoner was initially assessed as unsuitable, but successfully appealed against this decision. In such a case the prisoner may be released as long as the curfew is due to last no less than seven days (see paragraph 7.12).

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CHAPTER 6 - SETTING OF LICENCE CONDITIONS

KEY POINTS

All prisoners released on Home Detention Curfew must be released on licence. For prisoners serving sentences of under one year the licence will expire at the halfway point of sentence. For prisoners serving sentences of one year or over the curfew condition will expire at the halfway point of sentence and the licence itself will expire at the three quarter point of sentence less the period spent on curfew.

The curfew hours should normally be for 12 hours a day. Curfews must never last for less than nine hours a day except on the initial day of release.

Curfews on the initial day of release may be less than nine hours. Governors must take into account travelling time and other obligations, but should normally commence the curfew at 3:00 in the afternoon.

Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree that they consent to the conditions imposed.

6.1 Release on Licence

6.1.1 If a Governor decides, on the authority of the Secretary of State, that a prisoner should be released on Home Detention Curfew, the prisoner must be released on licence under Section 34A of the Criminal Justice Act 1991 (as amended).

6.1.2 There are two types of HDC licence, sample copies of which are at Annex E. They apply to:

(i) adult prisoners serving sentences of less than 12 months;(ii) adult prisoners offenders serving sentences of 12 months or more and all young offenders;

6.1.3 For adult prisoners sentenced to under one year the licence will expire at the half way point of sentence. The only conditions on the licence for these prisoners will relate to the curfew and a further condition relating to the commission of new offences. Following expiry of the licence the offender will remain “at risk” until the sentence expiry date (see PSO 6000). No “at risk” notice needs to be issued, as the licence will clearly state that the offender remains at risk.

6.1.4 For adult prisoners serving one year or over the curfew conditions will expire at the half-way point of sentence. The remaining licence conditions, as found on ACR licences (see, PSO 6000), will apply to these prisoners until the expiry of the licence. Additional licence conditions may be imposed in accordance with the procedures set out in PSO 6000. The licence expiry date will be at the three quarter point of sentence less the period due to be spent on curfew. In most cases therefore the licence expiry date must be brought forward by the two months the prisoner is due to spend on curfew. If however the prisoner is due to spend less than two months on curfew (because for instance he or she could not be released at the weekend, or because the time spent on remand and the time taken to complete the risk assessment meant that the prisoner could not be released until there were less than two months to go to the halfway point of sentence), then the LED will only be brought forward by the amount of time he or she is actually due to spend on curfew. Following expiry of the licence the offender will remain “at risk” until the sentence expiry date.

6.1.5 Young offenders will always be released into supervision. They will therefore be released on the same type of licence as adult offenders serving twelve months or more. However if the licence period is less than three months, supervision must continue for three months from release and a notice of supervision must be issued to make up the difference. For further guidance see PSO 6000.

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6.2 Setting curfew conditions

6.2.1 The Governor responsible for authorising the release on licence must set the licence conditions, including the times and place(s) of curfew.

6.2.2 The curfew must normally only be to one address, but in exceptional cases it would be possible to curfew the offender to more than one address, for instance the home and workplace, where this was integral to a supervision plan.

6.2.3 Legislation requires that the curfew period(s) must not total less than nine hours during any one day, apart from the initial day of release (see below). There is no maximum curfew period but the normal expectation is that the curfew should be set for 12 hours a day. Standard curfew hours have been allocated to establishments and these are set out at Annex H, but these may be varied depending on the offenders’ circumstances.

6.2.4 Different curfew periods may be set for different days (e.g. ending the morning curfew at 06.00 on Tuesday if the prisoner has a regular medical appointment early on those days, or setting the curfew to cover a period when the prisoner might be at risk of reoffending).

6.2.5 Governors must take into account any recommendation from the home probation service about the curfew hours. They must also take into account legitimate reasons why the curfewee will need to be out of their home at certain times. These include (but are not restricted to):

(i) working hours (including reasonable travelling times, and including night work);(ii) childcare arrangements;(iii) religious observance;(iv) regular hospital appointments;(v) appointments at benefit offices;(vi) appointments with the Probation Service;

6.2.6 Where the curfewee ‘s potential employment includes nightworking (for example, in a bakery) the curfew hours can be amended to allow this. In such cases, wherever possible the curfew period should still be for 12 hours and must never be less than nine.

6.2.7 Curfews longer than 12 hours a day must only be imposed if it is judged that this is likely to increase the probability of successful completion of the curfew, for instance by prohibiting the offender from being out during periods when it is known that he or she is particularly likely to be vulnerable to the availability of alcohol. In setting the curfew hours, Governors must take into account that the intention is that the offender should use the period he or she is subject to the curfew to organise their transition back into the community, and the curfew should not therefore prevent the offender from actively seeking work (according to the criteria applied to claimants seeking the Jobseeker’s Allowance, they must be actively seeking and available for work, usually for at least 40 hours work a week).

6.2.8 The curfew period on the initial day of release may be under 9 hours. Governors must take account of travelling time when calculating when the curfew period should start on this day. The curfew must normally start no later than 15.00 on this day, unless there are reasons why this is not appropriate (for instance travelling time or a late appointment with the supervising probation officer). The contractor will visit the offender during this curfew period to fit the tag and install the monitoring equipment.

6.2.9 The curfew on the last day will normally be for the same hours as on the preceding days. This means typically that the last curfew period will end at midnight. The contractors will de-install the equipment and remove the tag during the last two hours of the last curfew period, which will typically be between 22:00 and midnight.

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6.3 Prisoner consent

6.3.1 The prisoner must be informed of the licence conditions and be invited on the day of release to sign the licence, agreeing to these conditions. Prisoners must not be released on Home Detention Curfew unless they have provided written consent to the licence conditions. If the prisoner does not consent to the conditions, he or she must not be released until the conditional or automatic release date.

6.3.2 One of the curfew conditions will be that the prisoner accepts responsibility for the cost of the electricity used by the monitoring unit installed at the curfew address. This condition avoids the requirement on contractors to offer repayment for minimal electricity charges, which would otherwise be necessary. Its therefore minimises unnecessary paperwork. The unit will draw its electricity from the main supply to the address, and so will be included in the general bill charged to the person responsible for that supply. In many cases therefore this will be the prisoner him or herself or another family member. The consumption will be minimal, and the amount of electricity consumed should not exceed £1 even for a curfew of the maximum duration of two months.

6.3.4 If a telephone line exists at the curfew address and is in the prisoner’s name the licence will require the prisoner to consent to the line being used by the contractors. If there is no telephone line at the curfew address the contractor will arrange for one to be installed. If a telephone line exists, but it is not in the prisoner’s name, the relevant person’s consent will be sought where necessary (if it is not forthcoming then the contractor will install another line).

Order Ref. No. 6700 Chapter 8, Page 1

CHAPTER 7 - NOTIFICATION TO THE PRISONER

KEY POINTS

Prisoners must be notified as soon as possible following the decision on their suitability for Home Detention Curfew. Reasons must be provided where HDC is refused.

Reports must be prepared where possible so as to be suitable for disclosure. Where the Governing Governor or Acting Governor decides that information cannot be disclosed because it falls into one of the categories set out at paragraphs 7.6-7 below, the prisoner must be informed that information has not been disclosed. Non-disclosable information must be held separately.

Copies of all disclosable reports must be provided to prisoners if requested, whether before or after the HDC assessment. Prisoners must be given the opportunity, if they request it, to make oral or written representations before the HDC decision is made.

Prisoners who are refused HDC must be informed that they have a right of appeal against the refusal, a right to see all disclosable reports on which the decision was based, and a right to make oral or written representations.

All appeals about Home Detention Curfew must be dealt with as a matter of priority. Where available the appeal must be dealt with by a Governor of a higher grade.

7.1. Prisoners must be notified that they have been assessed as suitable for release on Home Detention Curfew using form HDC(5). He or she must be informed that the decision is provisional, and that it may be reversed if the prisoner’s subsequent behaviour or new information demonstrate that he or she is not suitable for HDC. In addition, the release is dependant upon the continued availability and suitability of the release address.

7.2. Prisoners must be notified of the decision that they are not suitable for release on Home Detention Curfew using form HDC(6). He or she must be informed of the reasons, and of the right to appeal through the Request\Complaint procedures (see paragraphs 7.10-14 below). Reasons for refusing to release an otherwise eligible prisoner on Home Detention Curfew must be based on those listed at paragraph 5.38.

7.3. Disclosable reports, including forms HDC(1) and HDC(4) must be made available to the prisoner if requested, whether before or after the Home Detention Curfew assessment. Where a request for disclosure is made in advance of the consideration of the case, the prisoner must be given the opportunity to make oral or written representations prior to the board’s decision on Home Detention Curfew.

Disclosure of reasons- views of third parties

7.4. Decisions on Home Detention Curfew may involve information on the views of victims of the offender or of other residents at the proposed curfew addressed. It is essential that such information is handled sensitively and where necessary confidentially. General guidance on the handling of victim information is provided in Chapter 9 of the Prison Service Order on Sentence Management and Planning. (PSO 2200).

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7.5. Decisions on suitability for HDC cannot normally be made on the basis of a third party’s concerns without those concerns being disclosed to the prisoner, so that he or she has the opportunity to challenge them. However, if the home probation service is provided with information by the victim or a resident at the proposed curfew address which that person wishes to remain confidential, the member of probation staff compiling the report may chose to incorporate the necessary information in a disclosable form unattributably within their own analysis, or to express the information in broad terms. Where the probation service considers that specific information must be provided which it or the supplier of the information wishes to remain confidential, the home probation service must contact the prison Governor to discuss their concerns, and outline in general terms why they wish to submit information on a confidential basis. It will then be the responsibility of the Governing Governor or Acting Governor to decide (usually on the advice of the chair of the HDC board) whether the information can be treated as confidential under one of the four headings set out in paragraph 7.6 below.

7.6. The general rule is that all information, from whatever source, which has been taken into account during the risk assessment must be disclosed to the prisoner if requested, except where non-disclosure is necessary on one of the following grounds:

the interests of national security;

the prevention of crime or disorder, including information relevant to prison security;

the protection of information which may put a third party at risk;

if, on medical or psychiatric grounds, it is felt necessary to withhold information where the mental and/or physical health of the prisoner could be impaired.

7.7 If relevant information which has been considered in the risk assessment falls into one of these categories, consideration must be given to:

presenting the information in an edited or summarised form; or

making a decision to withhold the information.

7.8 If the Governor decides the information from the home probation service can be treated as confidential, that service must provide a disclosable and a non-disclosable report. The non-disclosable report must be clearly marked, and must be held separately to the disclosable reports by the prison. The prisoner must be informed in writing if a decision is taken not to disclose some information.

7.9 If the Governor decides that the information cannot be treated as confidential, then the home probation service must be contacted to confirm whether the supplier of the information is content for the information to be disclosed. Third parties have a right to withhold consent to their concerns being disclosed to the prisoner. If the individual is not content, the home probation service is responsible for providing a report based on information which can be disclosed. It will be the responsibility of the Probation Service to ensure that third parties see that part of any written report submitted by the Service which represents their views, if they so wish.

APPEALS

7.10 A prisoner may complain about decisions related to Home Detention Curfew through the Request & Complaints procedures. A prisoner may, of course also raise complaints outside this system, for example, through his or her solicitor. As with other complaints affecting imminent release dates, all complaints about Home Detention Curfew must be dealt with as a matter of priority.

7.11 In the first instance complaints must be dealt with by the establishment holding the prisoner. Wherever possible the appeal should be dealt with by a Governor of a higher grade than the Governor involved in the original decision.

Order Ref. No. 6700 Chapter 8, Page 3

7.12 Where Home Detention Curfew is refused, a prisoner must be informed of:

the right of appeal,

the right to see the reports and other documentation on which the decision was based (except for any material that is non-disclosable: see paragraphs 7.4 - 7.9 above), and

the right to make oral or written representations to the Governor dealing with the appeal.

This information is included in form HDC(6).

7.13. If the prisoner asks to make oral or written representations in support of his or her appeal, this should be permitted. In considering the appeal the Governor must look at the case afresh and address all points raised by the prisoner in any representations. If necessary the Governor may seek further information to assist in the consideration of the appeal, and this may include interviewing the prisoner even where there has been no request for oral representations. The Governor must give reasons in writing for upholding on appeal the original decision to refuse Home Detention Curfew. Where the decision to uphold the appeal is based on the same reasons as the original refusal, the Governor should seek to expand on those reasons and clarify why they apply.

7.14. If the prisoner remains dissatisfied after appealing at establishment level then he or she should be informed that the next stage is to appeal to the Area Manager at Prison Service Headquarters.

7.15. If an appeal is upheld and it is decided that the prisoner meets the criteria for Home Detention Curfew, then the prisoner must be released on Home Detention Curfew at his or her eligibility date or as soon as possible thereafter (provided that these criteria remain satisfied: see paragraphs 7.1 and 7.17). If, however, the prisoner has fewer than seven days to serve, he or she should not be released on Home Detention Curfew, as the period of curfew would be insufficient given the objectives of the Home Detention Curfew scheme (see paragraph 5.49 for guidance on short curfews.)

7.16. Similarly, complaints about the proposed curfew conditions attached to a Home Detention Curfew licence can be raised through the Request & Complaints procedures. Prisoners must not be released on Home Detention Curfew unless they sign the licence to confirm that they accept the conditions imposed. Signature of the licence will constitute a withdrawal of any appeal against the proposed curfew conditions.

Notification to prisoners of revised assessments

7.17. If, after a prisoner has been notified that he or she has been found provisionally suitable for release on Home Detention Curfew, the prisoner’s subsequent behaviour or new information which has come to light leads the Governor to conclude that the prisoner is not suitable for the curfew, he or she must be informed and offered the opportunity to appeal in the same way as if he or she had been refused during the initial assessment.

CHAPTER 8. - RELEASE PROCEDURES

KEY POINTS

Form HDC7 must be faxed 14 days in advance of release or as soon as possible thereafter to the contractor, the probation service, the NIS at New Scotland Yard. and to the local police force. If there are changes to the term of the curfew or if HDC is cancelled then the agencies notified of the original proposed release date must be informed using form HDC11.

On the day of discharge, the prisoner must sign the licence agreeing to the terms of curfew. One copy of the licence must be placed on the F2050 record, and copies must be faxed to the

other agencies involved on the day of release.

Order Ref. No. 6700 Chapter 8, Page 4

8.1 Advance notification

8.1.1 Whenever possible, 14 days’ advance notification of release must be provided by fax to:

(i) the contractor, (ii) home probation service’s HDC contact point,(iii) the National Identification Service at New Scotland Yard; and(iv) the home police service.

8.1.2 Notification must be given on form HDC 7. If the risk assessment is completed less than 14 days before the proposed release date the notification must be sent out as soon as is possible. This is particularly important in cases where a telephone line is required to be installed. The prisoner must not be released on licence without 24 hours notice being provided prior to the commencement of the curfew. Even if a prisoner has passed his or her eligibility date, they must not be discharged on HDC without sufficient prior notice being given to the contractors. If necessary the discharge must be delayed in order to give the contractor at least 24 hours notice.

8.1.3 Form HDC7 (and the licence) must include the CRO and (where known) the PNCID. If establishments do not have this information in the case of a particular prisoner the most appropriate way of obtaining it will be through the establishment’s Police Liaison Officer.

8.1.4 Form HDC7 must include details of any particular risk factors about which the employees of the monitoring company should be aware of prior to visiting the offender.

8.1.5 For prisoners subject to supervision on release, form D1 and accompanying document must also be sent to the prisoner’s supervising probation officer in accordance with the procedures laid out in the Sentence Management and Planning Manual PSO 2200.

8.1.6 If it is subsequently decided that the offender is not suitable for release on HDC, or the arrangements for release change, notification of the change must be sent using form HDC11 to the other agencies originally notified.

Order Ref. No. 6700 Chapter 8, Page 5

8.2 Arrangements in advance of and on the day of release

8.2.1 Governors are encouraged to incorporate briefings from their regional contractor into their pre-release courses where these are run. A video explaining the nature of electronic monitoring has been circulated to establishments and offenders due to be released on tags should be given sight of this video where possible.

8.2.2 It is important that on the day of release the prisoner is released in sufficient time to ensure that they can arrive at their home address in advance of the curfew.

8.2.3 Before release, the prisoner must sign the licence. The licence must be counter-signed by the Governor, or an officer authorised by the Governor. One copy of the licence must be placed on the prisoner’s F2050. In addition, copies of the licence must be sent by fax on the day of release to the contact points listed in paragraph 8.1.1. This will serve as confirmation of release.

8.3 Provision of information to contractors

8.3.1 When faxing the licence to the contractors the establishment must also provide a copy of the Personal Summary Sheet from the F2050. In addition, a photograph of the prisoner must be copied onto the top right hand side of the prisoner’s copy of the licence.

8.3.2 Any other special release arrangements relating to discharge notification, such as those covering prisoners subject to restriction order under the Football Spectators Act 1989 (CI 20/1990) or prisoners convicted of offences against children and young persons under the age of 18 ( IG 54/94), must be followed.

Order Ref. No. 6700 Annex A, Page 6

CHAPTER 9. - POST-RELEASE ARRANGEMENTS AND RECALL OF PRISONERS

KEY POINTS

Requests to amend the licence conditions for some one-off requirements are handled by the contractor, but other one off variations and any permanent changes to licence conditions must be made by the Governor on behalf of the Secretary of State.

Licence conditions must not normally be changed where it is reasonable to expect the offender to continue to abide by existing licence conditions. Documentary evidence may be required.

The curfew address must not be changed without an assessment of the suitability of the new address by the home probation service.

The Parole Unit in Prison Service Headquarters is responsible for revoking the licence of offenders who have breached their curfew conditions. Offenders recalled to prison will be returned to the nearest suitable establishment, which must make arrangements for their reception. The establishment must inform the Parole Unit that the offender has been returned to custody. Appeals against recall will be handled by the Parole Unit.

Prisoners recalled for breach of HDC must be released at the half way point of sentence. Time spent on curfew will count as time served, but time spent unlawfully at large following recall will not. If serving one year or over, the LED will be at the three quarter point of sentence less the time spent on curfew before the recall notice was issued.

9.1 General

9.1.1 Responsibility for installing the tagging equipment and monitoring the prisoner’s compliance with the curfew conditions of the licence rests with the contractor for the region (see the guidance at Annex G). The prisoner should only contact the prison if he or she is applying to have the licence conditions amended.

9.1.2 Complaints against the contractors who fit the electronic tag and monitoring equipment are not a matter for the Prison Service. Such complaints must be directed to the contractor. The Home Office Probation Unit will receive a regular report on the handling of all complaints and be informed immediately of all serious complaints against the contractor

9.2 Amending the licence conditions

9.2.1 A prisoner who has been released on HDC may apply to the Governor of the establishment from which he or she was released for the curfew conditions to be varied. Please note that the contractor can authorise some one off absences such as for a doctor’s appointment (see Annex F for further details) but other one off absences and any permanent variation to the licence conditions (for example, as the result of finding a job or losing existing accommodation) must be made by the Governor, acting on behalf of the Secretary of State. He or she may be advised on the suitability of the application by a seconded probation officer or member of the throughcare team. While the contractors can authorise a one off absence to attend the wedding or a funeral of a close relative, this means the ceremony only, and any request, for example, to attend the reception of a wedding would fall to the governor to decide.

9.2.2 The establishment must consider any request for a variation in the licence conditions on its merits, but must not normally alter the licence conditions where it is reasonable for the offender to continue to abide by the existing conditions and this does not conflict with the objective of providing a stable transition back into the community. The home probation service should normally be consulted if the offender is under supervision. Documentary evidence should normally be provided where a variation in the curfew hours is requested.

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Order Ref. No. 6700 Annex A, Page 7

9.2.3 If the establishment receives a request for a change of address which it considers merits assessment, it must send form HDC8 to the home Probation Service to seek their comments on the proposed new address. This must happen whether the offender is subject to supervision or not. They may also contact the contractor if further information is required about the prisoner’s performance on curfew but the contractors have no say in the decision or assessment. In some cases, where the prisoner is unable to continue living at the present curfew address, a swift authorisation may be required. If the home probation service consider that an adequate assessment cannot be carried out in the time (for instance if a home visit is required), then the licence must not be changed. If the offender cannot comply with the curfew at his or her current address, the Parole Unit must be informed with a view to recalling the offender under section 38 A(1)(b), which will allow for the re-release of the offender if a suitable new address can be confirmed.

9.2.4 Where there is a permanent change to the curfew conditions, a new licence together with form HDC11 must be sent to the contractor and copies sent to the home probation service, NIS and the home police force as set out in paragraphs 8.1-2. The contractors will arrange for the offender to sign the licence and will then return the licence to the establishment.

9.2.5 Where the governor authorises a one off variation to the curfew conditions, covering a single day, form HDC11 must be sent to the contractor and copies sent to the home probation service, NIS and home police force as set out in paragraphs 8.1-2. In such cases there is no need for a revised licence to be issued, as this is an authorised absence rather than an amendment to the licence conditions. However, any such one off variation, other than those covered at paragraphs 9.14-15, must still leave at least nine hours in the day where the offender is subject to curfew.

9.2.6 Offenders must be notified of the reasons for any refusal. Where an application is made to change the curfew conditions, the contractor must be informed of the outcome of the application, whether this is successful or not. If the prisoner is subject to probation supervision, the supervising probation service must also be informed. The offender may appeal to the Governing Governor against the decision not to vary the licence conditions.

9.2.7 If the offender’s supervising probation officer wishes the curfew hours to be amended, the procedures set out in paragraph 3.10.1 of the Parole Manual, PSO 6000 must be followed.

9.2.8 The Parole Unit may also amend the curfew licence conditions on behalf of the Secretary of State in cases where the offender has been brought to their attention for failure or inability to comply with the curfew. If this occurs the Parole Unit will provide the establishment with a copy of the new licence, as well as sending copies to the other agencies involved. The contractors will be responsible for returning a copy of the licence signed by the offender to the prison.

9.3 Contact points and urgent request for changes of address

9.3.1 HDC licences include space just above the Governor’s signature for details of the contact point at the establishment. Establishments must consider what details of contact points should be provided and whom the offender should be instructed to ask for when contacting the prison. The contact should be someone who is normally readily contactable by the switchboard and who has sufficient authority to deal with such issues. This may be the Duty Governor during the day and the Orderly Officer at other times, who will take details and then contact the Duty Governor for a decision. Staff operating as contact points should be provided with clear local instructions on the extent of their role and authority to deal with telephone requests.

9.3.2 If an offender rings up with an urgent request for a change of conditions (e.g. due to fear for their safety if they return to their curfew address or because they are no longer allowed to stay at the address) establishments must make clear their assessment of how quickly any change can be approved. Establishments will need to contact the Probation Service to assess how swiftly any change of address can be assessed and agreed under the terms of the guidance at paragraph 9.5 of PSO 6700. In some cases where the request is made out of office hours the establishment may need to contact either the duty officer for the area, or the offender’s supervising probation officer.

9.3.3 If the offender indicates that he or she is not in a position to comply with their licence conditions, they must be advised that breaking the curfew condition could result in recall. Staff must not advise offenders to break their curfew. If the offender does break the curfew condition before the licence is changed the

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Order Ref. No. 6700 Annex A, Page 8 Parole Unit will be responsible for considering whether the prisoner should be recalled to custody. If there is evidence the prisoner has attempted to comply with his or her licence conditions but was unable to due to circumstances outside their control, the recall may be authorised on the grounds of inability to monitor which would permit the offender to be re-curfewed on HDC following recall if a suitable address can be found.

9.4 Prolonged absence in hospital or for court proceedings

9.4.1 If the offender or the contractor informs the establishment that the offender is due to spend a prolonged period in hospital, the licence must not be amended so that the offender is curfewed to the hospital. In such cases Governors have instead the discretion to instruct the contractor to treat the absence as an allowable absence within the terms set out at Annex F - provided the offender can provide documentary evidence as required for such absences. When notifying the contractor, the establishment should make clear how long the allowable absence is allowed to last, up to a maximum of four days. If the hospital stay lasts longer than four days, it may be necessary to issue further extensions on the last day of the four to cover the remainder of the stay. The extension of the allowable absence does not rescind the curfew and as soon the offender is discharged from hospital he or she is once again required to comply with their curfew at the specified address, whether or not any days remain of the allowable absence authorised by the establishment.

9.4.2 If an offender is required to attend a court which it is not possible to travel to on the day from the offender’s curfew address, the Governor may agree the extension of the allowable absence to cover a period of up to 3 days rather than require that a new curfew address be imposed. Such an allowable absence must not be allowed to exceed 72 hours. If it is anticipated that the offender will be required to attend the court proceedings for more than three days, it will be necessary to amend the licence to provide for a temporary curfew to an address in the vicinity of the court. As noted in the paragraph above, as soon as the rationale for the offender’s absence ceases, he or she must once more be at their specified address during curfew hours.

9.5 Appeals against conviction or sentence

9.5.1 Where an outstanding appeal is heard while an offender is on HDC this can have an effect on the curfew period. The curfew end day may be altered where the sentence is reduced. Similarly, HDC may no longer apply where the sentence is reduced and the prisoner has reached his or her ARD or CRD, or where the conviction is quashed. Also if he sentence is increased this may either lengthen the time on curfew or mean that the prisoner has not now reached his eligibility date. In all such cases the appeal court should contact the discharging prison. In all cases where the effect of the appeal is to alter the HDC period the establishment must send an amended licence together with form HDC11 to all the agencies who received a copy of the original licence. Where the effect of the appeal is that HDC no longer applies the establishment must notify the other agencies of this using form HDC11. The last box of form HDC11 should be filled in with a brief explanation that HDC no longer applies. There is no need to contact the Parole Unit.

9.6 RECALL PROCEDURES

9.6.1 Under Section 38A(1) of the 1991 Criminal Justice Act, prisoners on Home Detention Curfew may be recalled to prison if:

(i) they fail to comply with the curfew conditions of their licence (subsection 1(a));(ii) it is no longer possible to monitor the curfew at the specified address(subsection 1(b)); or (iii) the offender is considered to represent a threat to public safety(subsection 1(c)).

These recall powers are in addition to the recall powers in respect of breaches of standard licence conditions.

9.6.2 In all cases the decision to recall a prisoner under S38A(1) lies with the Parole Unit at Prison Service Headquarters. The Parole Unit will decide whether to revoke the licence and recall the prisoner to custody. Where requested by the Parole Unit, establishments must fax a copy of Forms HDC1 and 4 (where appropriate), together with any further information from the F2050 specified by the Unit. If the Parole Unit decides to recall the prisoner, he or she will be rendered unlawfully at large and be liable for immediate return to custody by the police.

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Order Ref. No. 6700 Annex A, Page 9 9.6.3 Following arrest by the police, offenders will be returned by the escort contractors to the nearest prison

or remand centre categorised as a local for prisoners of that type (adult males, females or young offender) serving the area in which the arrest took place. The police are required to notify the establishment in advance and establishments must be able to confirm immediately upon request whether they have the space to take the offender. The establishment must provide the police with the name of the person giving the confirmation. That person must have the authority to do so. It may be good practice to send written confirmation by fax. Establishments must not refuse to accept the prisoner unless the establishment is not taking any new receptions due to population demands. If no place is available, the establishment must contact Population Management Unit at Prison Service Headquarters (Tel: 0171 217 6681/6582. Out of hours 0171 233 7366) for an alternative establishment to be identified. It is not the responsibility of PECS or the police to find an alternative establishment. Population Management Unit will be responsible for notifying the police.

9.6.4 When prisoners are returned to prison following recall from HDC, the new entry must be made on the original prison record where this can be established. The reception code must record that the offender has been recalled under the curfew recall powers. The establishment must inform the Parole Unit (by phone or fax) that the prisoner has been returned to custody.

9.6.5 In addition, where a curfewee is charged with an offence and, whilst still subject to curfew conditions, is remanded into custody by a court, the Parole Unit must be informed by the receiving establishment immediately following reception. In these circumstances, the curfewee’s licence will be revoked. The Parole Unit will inform the holding establishment of its decision.

9.6.6 A standard fax notification form has been developed for use in contacting the Parole Unit – form PUHDC(6) at Annex B. You must use this form, or a local variation on it where a curfewee has had his licence revoked and has been returned to custody or where he is remanded to custody. Whatever form is used, the following information must be provided:

(i) prisoner’s name(ii) prisoner’s prison number(iii) date of return to prison.(iv) date of revocation notice (where revocation has already been authorised)

9.7 Appeals against recall

9.7.1 Offenders have the right to appeal against any decision to recall them from HDC. Within 24 hours of being notified by the receiving establishment, the Parole Unit will fax to the prison a memorandum explaining the action that must be taken by the prison – form PUHDC(7) at Annex B. Enclosed with the memorandum will be a copy of the revocation dossier, including a letter to the prisoner setting out the reasons for recall and explaining the appeal process. The revocation dossier must be disclosed to the prisoner within one working day* of receipt. Form PUHDC(8) at Annex B must then be completed. This form provides confirmation of disclosure and a statement of the prisoner’s intentions. Part I should be completed by the Governor and Part II by the prisoner. Once Part II is complete, the form must be returned to the Parole Unit Appeals Section within one working day.* If the prisoner indicates on this form that he or she plans to appeal against recall, the Parole Unit will alert the Monitoring Contractor.

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Order Ref. No. 6700 Annex A, Page 10

9.7.2 If the prisoner opts to make representations personally, these should be sent directly to the Parole Unit HDC Appeals Section, Room 127 Abell House, John Islip Street, London SW1P 4LH. If the prisoner submits representations instead to any member of prison staff, these should be forwarded to the Parole Unit by fax within one working day.*

* references to working days mean working days for administrative staff.

Note Copies of forms PUHDC (6) (7) and (8) are attached at Annex B. However, the Parole Unit will send copies of forms PUHDC (7) and (8) to establishments on each occasion that a prisoner is returned following revocation of an HDC licence.

9.8 Re-release on HDC after recall

9.8.1 If the prisoner has been recalled under Section 38A(1)(b) because the address to which he or she was curfewed can no longer be monitored, he or she may be re-released on curfew if another address can be found or if the original address becomes suitable for monitoring. In such cases, governors must consider the prisoner’s previous behaviour on curfew before approving re-release. In addition, the Parole Unit must be consulted before re-release is approved as they may have information about the circumstances of recall that would be relevant to the decision to re-release. Before a prisoner can be re-released in this fashion, the home probation service must assess the suitability of any new address , in accordance with the procedures at paragraph 9.5 above. Where the recall was solely for the reason of technical inability to monitor, the contractor must confirm that these technical obstacles have been overcome. The normal considerations in respect of short curfews apply (see paragraph 5.49). The curfew will expire at the halfway point of sentence. The licence should expire at the date set in the original licence.

9.9 Automatic release after recall

9.9.1 Prisoners recalled for breach of HDC, who do not successfully appeal against that decision, or apply for re-release will be released at their conditional or automatic release date at the halfway point of sentence. This date will be put back by any time spent unlawfully at large. If a prisoner is re-sentenced in the meantime for a new offence, the new sentence will not form a single term with the current sentence: the sentences will run in parallel. Further details are given in PSI 51/98, which covers changes to the single term as a result of the Crime and Disorder Act 1998.

9.9.2 If a prisoner is being re-released on ACR licence at the halfway point of sentence following recall from Home Detention Curfew, the licence expiry date will be at the three quarter point of sentence less the time spent on supervision whilst curfewed. Time spent unlawfully at large following recall by the Parole Unit will not count towards the calculation of the LED.

9.9.3 Adult AUR prisoners released after recall must be released unconditionally.

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Order Ref. No. 6700 Annex A, Page 11 INDEX

Paragraph

Eligibility

Category A prisoners 2.5.1Civil prisoners & fine defaulters 2.2.2Concurrently & consecutively sentenced prisoners & remand prisoners

2.6.1

Courts martial prisoners 2.8.1Prisoners previously recalled to custody 2.3.1Prisoners who have been unlawfully at large 2.9.1Prisoners on a restricted transfer to other UK jurisdictions

2.7.1

Sex Offenders 2.4Statutory exceptions 2.2

Licence conditions

Absences authorised by contractor Annex FAmending the licence conditions 9.2Contact points & urgent requests for changes of address

9.3

Notifying other agencies of changes to licence conditions

9.2.5

Prisoner consent 6.3Prolonged absence in hospital or for court proceedings 9.4Release on licence 6.1Setting curfew conditions 6.2Standard Licences Annex CTelephone line 6.3.4

Preparation during sentence

Chapter 4

Notification to the prisoner

Disclosure of reasons - views of third parties 7.4 - 7.9Appeals 7.10 - 7.16Notification to prisoners of revised assessments 7.17

Procedures for release

Advance notification (HDC7) 8.1

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Order Ref. No. 6700 Annex A, Page 12 Arrangements in advance of and on day of release 8.2Provision of information to the contractors 8.3

Recall of offenders & post release

Appeals against conviction & sentence 9.5Appeals against recall 9.7Monitoring of curfew 9.1Recall procedures 9.6Re-release on HDC after recall 9.8

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Order Ref. No. 6700 Annex A, Page 13

Sufficient time forassessmentand curfew?

HDC RISK ASSESSMENT Annex A

Is the prisoner eligible for consideration?

Initial sift by SecondedProbation Officer/authorized officer

Seconded ProbationOfficer/authorized officeridentifies need for noProbation Service input

Seconded Probation Officer/authorized officercompletes HDC1

Yes No

No

RELEASE AT ARD\CRD

No

Yes

Yes

Prisoner supplies a homeaddress on HDC2

Wing officer report

HDC3/PD1 toProbation Service

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Order Ref. No. 6700 Annex A, Page 14 Seconded Probation Officer/authorized officercompletes HDC1

Enhanced assessment required?

Governor agrees to release

No Yes

Yes

No

RELEASE ON HDC

Enhanced AssessmentsBroad complete HDC 4

(Recommendation to authorizingGovernor)

RELEASE ON HDC

RELEASE ON HDC

RELEASE AT ARD/CRD

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Order Ref. No. 6700 Annex B, Page 1

ANNEX B HDC FORMS

HDC(1) - Suitability Assessment Form

HDC(2) - Prisoner’s home address form

HDC(3) - Probation Enquiry Form

HDC(4) - Enhanced Assessment Form

HDC(5) - Notification to prisoner of HDC release

HDC(6) - Notification to prisoner of ARD/CRD release

HDC(7) - Notification to other agencies of proposed release on HDC

HDC(8) - Probation Enquiry form (post-release)

HDC (9) - Transitional notification of eligibility

HDC (10) - Police enquiry form

HDC (11) - Notice of amendment/cancellation of release on HDC

PUHDC(6) - Notification of return following curfew on HDC

PUHDC(7) - Appeal papers

PUHDC(8) - Confirmation of disclosure & statement of intention

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Vocab. No GO006

FORM HDC(1)SUITABILITY ASSESSMENT FOR RELEASE ON HOME DETENTION CURFEW (HDC)

SECTION ONE: PRISONER’S DETAILS

Surname Current offencesForename(s) Sentence LengthPrison Number Date of BirthPrisoner Location Eligibility DateOfficer responsible for assessment

SECTION TWO: PRISON STAFF MEMBER’S REPORT

This section should be completed by a member of prison staff who has regular day-to-day contact with the prisoner. The objective is to supply up-to-date information on any factors relevant to the prisoner’s suitability for Home Detention Curfew. The staff member completing the form may in many cases be the prisoner’s personal officer or an officer from the prisoner’s wing, but in some prisons it may be more appropriate for an officer who has greater contract with the prisoner at other times of the day to comment.

Please tick any boxes that provide evidence relevant to the prisoner’s suitability for Home Detention Curfew and comment below. Any comments must be backed by reference to evidence. N.B. Prisoners will normally be released on HDC unless there are substantive reasons for retaining the prisoner in custody until his or her automatic release date. Only where there are clear and substantive grounds to indicate the prisoner is unlikely successfully to complete the period on HDC will release normally be refused. Please return the form within five working days to the officer named in Section One above.

Progress on addressing offending behaviour

Family links

Successful ROTL Evidence of attitude or behaviour strongly indicative of risk

Prison staff member’s comments

Name:

Medical Officer’s comments (normally only required if mental health issues need to be clarified)

This amended version issued 19/08/2013PROTECT WHEN COMPLETED

Vocab. No GO006

This amended version issued 19/08/2013PROTECT WHEN COMPLETED

Vocab. No GO006

SECTION THREE: RISK PREDICTOR (to be used in all cases)

I confirm that the information used in the risk prediction calculation been checked with the prisoner.

_______________Signed _____________ Date

High risk Not high riskSex offendingViolent offendingReimprisonment

N.B. The full read-out should be attached. The risk predictor calculates only the statistical probability of an offender with the relevant offence history reoffending. It does not calculate the probability in relation to this particular prisoner. The scale is therefore only one aspect of risk assessment, and many other factors must be taken into account when assessing the risk posed by a particular prisoner.

SECTION FOUR: INITIAL REVIEW OF PAPERS

Please indicate below any factors on which the Probation Service should be invited to comment. (This information must also be recorded on form HDC3 or PD1.)

Please indicate below if the prisoner is assessed as clearly unsuited for Home Detention Curfew, and it is decided that the assessment can be completed satisfactorily without reference to the home Probation Service. (N.B. This decision must be reviewed during the completion of both the suitability assessment and the enhanced assessment).

Home probation service input not required

Reasons

SECTION FIVE: SUMMARY OF COMMENTS BY THE HOME PROBATION SERVICE.

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SECTION SIX: ASSESSMENT BY THE REVIEWING OFFICER (either from the seconded probation team or another authorised officer).

The assessment should review the core documentation in the light of the comments included in sections two and five, and in the light of the prisoner’s risk prediction scores. It should note any recommendations concerning curfew hours.

Please tick box below

Referral to governor for consideration for Home Detention Curfew.

Referral for enhanced assessment (mandatory if the prisoner is either serving a sentence of one year or over and does not have a successful history of ROTL, or if the prisoner is in the statistically high risk category according to the risk prediction calculation)

Signed __________________ Date __________________

SECTION SEVEN: GOVERNOR'S DECISION (if prisoner not referred for enhanced assessment)

Authorisation given for release on Home Detention Curfew

Referral for enhanced assessment

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Normal licence hours/Special licence hours (giving details)*

Curfew Address:

Signed __________________ Date __________________

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FORM HDC(2) Information on proposed release address for Home Detention Curfew

Surname _____________ Forename (s)____________ Prison No _________

Location ____________ Sentence _____________

HDCED ___________ ARD/CRD Date ___________________

Proposed address - Tel No:

Post code

Does this address have an electricity supply? A telephone? (Please tick)

Telephone number

Is the telephone line sill connected? yes/no/don’t know (delete as applicable)

Does the line have any other facilities? Yes/no/don’t know (see paragraph 2 overleaf)

(The electronic monitoring contractor may test whether this line is suitable)

Who is the main occupier of this address?

(The Probation Service may contact this person to discuss the possibility of curfewing you to this address). If it is necessary what would be the best time for someone from the Probation Service to call at the address and make enquiries?

If there is no other occupier, please supply the name of the landlord

Name: Tel. No:Address:

What is your relationship to the people living there ?

Name: Relationship to prisoner: Age (if under 18)

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have you ever been convicted or cautioned for an offence against any of the above, or any neighbours to the above address? If so, please give details.

The above information is to the best of my knowledge correct. I am content for the landlord and/or telephone provider to be contacted.Prisoner / YO Signature _________________________________ Date _________________

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Vocab. No GO006 The information which you give on this form will be used when the Governor decides if you should serve part of your sentence in the community on Home Detention Curfew in advance of your automatic or conditional release date.

You should provide details on this form of a suitable home address to which you can be curfewed. The details you provide will normally be passed to the probation service. It may be necessary for a member of the probation service to visit the address to discuss with other residents there the possibility of curfewing you to this place.

A suitable home address does not guarantee that you will be released on Home Detention Curfew. All prisoners will also have to pass a risk assessment.

Please read the following notes before completing the form.

Guidance for completion of the form

1. The proposed address must be within England or Wales. It is not possible for prisoners to be curfewed to other areas.

2. The proposed address must be connected to an electricity supply in order for the monitoring equipment to function. You should also provide details of whether the accommodation has its own telephone. If no telephone connection exists, a telephone can be installed by the monitoring contractor. This can only be used to contact the monitoring company and the emergency services. It will not allow you to make calls to other people, and will be disconnected at the end of the curfew. You will be unable to use your line if it only allows incoming calls, or has an answerphone, fax, internet connection or call waiting. Please indicate if you have any of these facilities

3. If there is another adult resident at the proposed curfew address who has responsibility for the property you must give their name. It would be helpful if you could also indicate the most convenient time for a member of the probation service to call at the address to make any enquiries necessary.

4. If you will be the only person living at the proposed address and you do not own the property, please provide the name of the landlord and an address and telephone number where they can be contacted.

5. You will need to provide the name and age (if under 18) of all other people who will be living at the proposed address and their relationship to you. You must also disclose whether you have been convicted or cautioned for any offence involving those resident at the address or living in neighbouring properties.

6. If, after you have competed this form, the address you have provided becomes unavailable

you will need to supply details of an alternative address as soon as possible.

7. If you do not supply a release address, you will not be considered for release on Home Detention Curfew, and will only be released at your automatic or conditional release date (at the half way point of sentence). In this case you should sign in the box below.

I do not have a release address/ I do not wish to be considered for Home Detention Curfew.

Prisoner / YO Signature _________________________________ Date _________________

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FORM HDC(3)This document may be disclosed to the prisoner. (Form HDC(2) must be attached to this form) Please refer to guidance in the relevant Probation Circular

REQUEST FOR INFORMATION ON PROPOSED HOME DETENTION CURFEW

To: From:

Address: HM Prison:

Date for reply: Date:

OFFENDER’S DETAILS

Re Surname Forename(s)

DoB Prison Number

Dates of Sentence Court

Sentence OffencesHDC Eligibility Date

The above named prisoner is being considered for Home Detention Curfew. Attached is form HDC(2) giving details of the proposed release address.

Your views are sought on the suitability of the offender for Home Detention Curfew, and on the suitability of the proposed address.

N.B. Prisoners will normally be released on HDC unless there are substantive reasons for retaining the prisoner in custody until his or her automatic release date. Only where there are clear and substantive grounds to indicate the prisoner is unlikely successfully to complete the period on HDC will release normally be refused. Guidance on the role of the Probation Service in the risk assessment process for Home Detention Curfew is given in Probation Circular 44/98.

Where other persons are living at the proposed release address, you should ensure that they understand the nature of the Home Detention Curfew scheme and the possible impact of the curfew on those living at the address, and that they have been given the opportunity to

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Vocab. No GO006 raise any issues which they wish to be considered. Contact may be in the form of a letter, telephone call or home visit, depending on what is appropriate on the basis of the information available to the Probation Service.

Factors on which you may wish to comment include:

(i) domestic circumstances;(ii) the position of known victims;(iii) evidence concerning the prisoner’s suitability for Home Detention Curfew including:

a) potential risk to the victim(s) or to members of the public;b) risk of re-offending during the Home Detention Curfew period; orc) probability of complying with the conditions of the curfew.

You should also comment where there are any other factors of relevance to the prisoner’s suitability for Home Detention Curfew, or the suitability of the proposed release address (for instance a supportive attitude on the part of other residents).

The Prison Service would be particular grateful for any comments you may have in relation to the items below *

Comments on prisoner’s suitability and/or suitability of proposed release address (Please continue your comments on a separate sheet if necessary).

Any special curfew hours recommended :-

I have/have not made contact with the proposed address by letter*/visit*/telephone*

Signed ____________________________ Name _________________________

Date ______________ Grade _____________________ Tel __________________

*Delete as appropriate

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FORM HDC(4)ENHANCED ASSESSMENT FOR RELEASE ON HOME DETENTION CURFEW

SECTION ONE: PRISONER DETAILS

Surname: Current offences:

Forename(s): Sentence Length

Prison Number: Date of Birth:

Location: HDCED:

SECTION TWO: BOARD REPORT

The Board should have in front of it forms HDC 1, 2, and 3 when considering the prisoner’s suitability for Home Detention Curfew.

N.B. Prisoners will normally be released on Home Detention Curfew unless there are substantive reasons for retaining the prisoner in custody until his or her automatic release date.

Please tick any boxes that provide evidence relevant to the prisoner’s suitability for Home Detention Curfew and comment overleaf.

Progress on addressing offending behaviour

Home circumstances

Successful ROTL Potential threat to public safetyComments by wing officer High probability of early reoffendingComments by medical officer High likelihood of failing curfewComments by home Probation Service

No suitable accommodation (pls comment on whether other accommodation might be found)

Comments by throughcare team

Comments by Home Detention Curfew Board

Any comments must be backed by reference to evidence. Please comment if

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SECTION 3: CHAIR OF THE BOARD’S DECISION

Please tick box below

Recommendation of release on Home Detention Curfew

Recommendation of release at automatic release date

Signed __________________ Date __________________

SECTION FOUR: GOVERNOR'S DECISION

Authorisation given for release on Home Detention Curfew

Authorisation for release at automatic release date

Normal licence hours/Special licence hours (giving details)*

Curfew address:

Signed __________________ Date __________________

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FORM HDC (5 )NOTIFICATION OF PROVISIONAL ACCEPTANCE FOR HOME DETENTION CURFEW

Surname Forename(s)

Date of Birth Prison Number

Proposed date of release on HDC:

Proposed address of curfew

Curfew hours:

Curfew hours on day of release:

You have provisionally been assessed as suitable for release on Home Detention Curfew, subject to the continued availability and suitability of the address given above. This decision may also be reversed should your subsequent behaviour or any new information demonstrate that you should no longer be considered suitable.

This information will be disclosed to the electronic monitoring company responsible for monitoring your whereabouts. They may contact others at the above address in advance of your release.

If for any reason the proposed curfew address given above becomes unavailable, you must immediately inform a member of staff. You may be asked details of to provide alternative address.

Once released on Home Detention Curfew you may be liable to be recalled to prison if any of the following happen:

(i) You fail to remain at your curfew address during any part of your curfew hours, or other fail to comply with your curfew conditions;

(ii) The curfew address can no longer be electronically monitored;(iii) It is decided that you pose a serious risk to public safety.(iv) You are charged with a further offence while on Home Detention Curfew

If you are serving a sentence of one year or over, or you are a young offender you will also be subject to other licence conditions and will be supervised by the Probation Service. You will be given a licence to sign before you are released which will give details of the licence conditions which will apply to you.

Signed: Name:

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FORM HDC(6)NOTIFICATION OF REFUSAL OF HOME DETENTION CURFEW

Surname Forename(s)

Date of Birth Prison Number

Proposed address of curfew

You have been considered for released on Home Detention Curfew. It has however been decided, on the basis of the evidence available, that you should not be released on Home Detention Curfew. Reasons for this decision are given below.

Reasons for refusal of HDC

Signed Name

Grade Date

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FORM HDC (7)NOTIFICATION OF OFFENDER TO BE RELEASED ON HOME DETENTION CURFEW

Prison Establishment :

Address :

Contact name:Tel:Fax:

The following prisoner is due to be released on Home Detention Curfew on dd/mm/yy.

Surname : Forename(s) : Male/Female

Date of Birth : Prison Number :CRO Number : PNCID :

1. Curfew address:

Postcode:Contractor:

2. Telephone number at curfew address: New telephone line requires installing: yes/noAny other information known about the line:

3. Main occupier /landlord*:

4 Dates of curfew: / / to / /

5 Standard hours of curfew: *Special hours of curfew:Curfew hours on first day

6 Any special requirements of released prisoner.

7 Interpreter rerquired: yes/no Language:

8. Any additional information (e.g. curfewee’s behaviour, information regarding place of curfew)

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Vocab. No GO006 9. Supervising Probation Officer ? yes/no

Name:Contact Number:Probation Area:

NB Copy of Prisoner’s licence to be sent as soon as possible on the day of releaseForm D1 and accompanying documentation will be sent to the Probation Service separately.

* delete if not applicable

THIS FORM MUST BE FAXED TO THE MONITORING CONTRACTOR, HOME PROBATION SERVICE, AND NATIONAL IDENTIFICATION SERVICE, AND THE LOCAL POLICE FORCE.

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FORM HDC(8)REQUEST FOR INFORMATION ON PROPOSED CHANGE OF HDC CONDITIONS(This document may be disclosed to the prisoner. Please refer to guidance in the relevant Probation Circular)

To FromAddress HM Prison

Date for reply Date

Re Surname Forename(s)

DoB Prison Number

Dates of Sentence Court

Sentence Offences

Date of Release on HDC Current curfew address

The above named offender has applied for a variation of their conditions of licence as set out below, for the grounds given

Variation of conditions of licence applied for, and reasons for application

Request for response within ___ days*. (Please give reasons)

We would be grateful for any views you may have on this application. If the application involves a change of address, you are asked to comment on the suitability of the proposed new address.

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Vocab. NoGO006 Where other persons are living at the proposed new address, you should ensure that they understand the nature of the Home Detention Curfew scheme and the possible impact of the curfew on those living at the address, and that they have been given the opportunity to raise any issues which they wish to be considered. Contact may be in the form of a letter, telephone call or home visit, depending on what is required.

The Prison Service would be particular grateful for any comments you may have in relation to the items below *

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Comments on proposed variation in conditions or suitability of proposed new address

I have/have not made contact with the proposed address by letter*/visit*/telephone*

Signed ____________________________ Name _________________________

Date ______________ Grade _____________________ Tel __________________

*Delete as appropriate

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FORM HDC (9)HOME DETENTION CURFEW: NOTIFICATION OF POTENTIAL ELIGIBILITY

Surname : Forename(s): Prison No:

Location: Sentence: ARD/CRD Date:

Home Detention Curfew Eligibility Date (HDCED):

Under the 1991 Criminal Justice Act you must be released no later than your automatic or conditional release date (ARD/CRD).

This notice informs you that you may be eligible for the Home Detention Curfew (HDC) scheme. which would allow you to serve part of your sentence in the community before your automatic release date (ARD/CRD). This notice informs you of your provisional Home Detention Curfew eligibility date (HDCED).

Home Detention Curfew

The Home Detention Curfew scheme applies` to most prisoners who have received sentences of 3 months or more but less than 4 years. If you qualify for this scheme you may be released on a curfew at your HDC eligibility date, which will be in advance of your ARD\CRD. You will only be released on HDC if you appear suitable for release and have a home address which the Probation Service has approved. You would be subject to a curfew until your ARD\CRD date. If you break your curfew you can be recalled to prison.

Assessment for Home Detention Curfew

You have no entitlement to Home Detention Curfew. You will only be granted HDC if the governor is satisfied that you can safely be released, that you will comply with the conditions of your curfew, and that the curfew will help you to manage your return to the community.

As your eligibility date approaches you will be given a form to complete which will ask you to provide details of an address to which you can be curfewed. The Probation Service may then be asked to contact any occupants at this address to discuss its suitability. You must also pass a risk assessment which will be completed by staff at the prison. You will be notified in writing whether you have been considered suitable for release on HDC.

No offender who is serving a sentence for an offence covered by Part I of the Sex Offenders Act 1997 will be considered for HDC unless there are exceptional circumstances.

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If you are considered suitable for release on HDC you will normally be released on your Home Detention Curfew Eligibility Date or as soon as possible thereafter. You will be released on licence. The licence will include the hours of curfew set by the prison governor. The curfew will usually be for 12 hours a day and could be more. The curfew will not be for less than 9 hours a day.

If you are serving under one year and are not a young offender the licence will only have conditions relating to the curfew. If you are serving one year or over or are under the age of 21 you will have additional licence conditions relating to your supervision by the local probation service.

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Monitoring of the curfew

If you are released on HDC, you will to go to the curfew address you have provided where you will meet with the contractor. The contractor will fit you with an electronic tag and install monitoring equipment at the address. Your presence at the curfew address during the hours of curfew will then be monitored by the contractor who will report any breaches of the curfew.

The monitoring equipment will need to be connected to a telephone line. It may not be possible to use your phone line if you need to use the line for any other purpose than for making calls, such as fax, computer or answering machine. If necessary, the monitoring company will arrange for a telephone line to be fitted. This telephone line can only be used to contact the monitoring company and the mergency services. It will not allow you to make calls to other people and will be disconnected at the end of the curfew.

If you violate the curfew or damage the equipment you can immediately be recalled to custody until you automatic or conditional release date.

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FORM HDC(10)REQUEST FOR INFORMATION FROM THE POLICE ON PROPOSED HOME DETENTION CURFEW (SEX OFFENDERS)This document may be disclosed to the prisoner (Form HDC(2) must be attached to this form)

To FromAddress HM Prison

Date for reply Date

Offender’s details

Re Surname Forename(s)

DoB Prison Number

Date of Sentence CRO Number

Sentence PNCID Number

HDC Eligibility Date Offences

The above named prisoner/YO is being considered for Home Detention Curfew. Attached is form HDC(2) giving details of the proposed release address.

The offender will be required to register his/her address with the police upon release under the requirements of the Sex Offenders Act 1997. Such offenders will only be released on Home Detention Curfew in exceptional circumstances, and the Prison Service is conducting an assessment to determine whether the prisoner meets this condition. As the offender is being considered for release to this force area, you may wish to comment.

We would be grateful for any information relating to the prisoner’s criminal antecedents (where this is not held by the prison) or criminal intelligence which is directly relevant to the curfew decision, and for any views on the suitability of the particular address, particularly in relation to victim issues.

The responsibility for authorising the release of any offender on Home Detention Curfew lies with the Governor of the establishment in which he or she is held. It is not the function or responsibility of the police to reach the judgement on whether the prisoner is suitable for Home Detention Curfew. You should provide any factual information which is available and which you consider would be of relevance to those required to make the decision on the offenders’ suitability. You are not asked to make detailed enquiries on suitability.

If you do not provide any comments this will not be taken as either tacit approval of or objection to the prisoner’s suitability. If no reply is received by the requested date, it will be assumed that there is no police contribution to the risk assessment.

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Your assistance is appreciated.

The Prison Service would be particular grateful for any comments you may have in relation to the items below *

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POLICE RESPONSE

Information on risk factors identified in relation to the prisoner’s suitability and/or suitability of proposed release address (Please continue your comments on a separate sheet if necessary).

Signed _________________ Name _________________________

Date ______________ Grade_________ Tel __________________

*Delete as appropriate

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FORM HDC (11)AMENDMENT/CANCELLATION OF RELEASE ON HOME DETENTION CURFEW

Prison Establishment :

Address :

Contact name:Tel:Fax:

The following prisoner was due to be\has been* released on Home Detention Curfew on _ _ /_ _/_ _.

Surname : Forename(s) :

Date of Birth : Prison Number :

Curfew address:

CRO Number: PNCID Number

Supervising Probation Officer:

It has subsequently been decided that the above offender should not be released on HDC*. o

Changes have been made to the curfew’s curfew conditions (copy of revised licence attached if issued)*. ¨

The following changes apply:

*Tick box as appropriate.

THIS FORM MUST BE FAXED TO THE MONITORING CONTRACTOR, HOME PROBATION SERVICE, AND NATIONAL IDENTIFICATION SERVICE. IN THE CASE OF PRISONERS SERVING 12 MONTHS OR OVER IT MUST ALSO BE FAXED TO THE LOCAL POLICE FORCE.

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PUHDC(6)

NOTIFICATION OF RETURN FOLLOWING CURFEW ON HDC

PLEASE COMPLETE AND RETURN BY FAX TO:

THE PAROLE UNIT HDC SECTIONROOM 125 - 127ABELL HOUSELONDON SW1 4LHFax: 0171 217 5223

PRISONER’S NAME .....................................

PRISON NO. ............................................

REVOCATION ORDER DATED ...................

OR

REMANDED INTO CUSTODY BY ............................ COURT ON ............... (Date)

The above named prisoner was returned to this establishment on

..................................... (ENTER DATE)

Signed...................................... Date.........................

Name.......................................

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PUHDC(7)

APPEAL PAPERS

MEMORANDUM

From: ....................................Parole Unit HDC Section ( 0171 217Room 127, Abell House John Islip Street Your Ref:London SW1 4LH

Our Ref:(DATE).........................

To: The Governor Date: HMP

RECALL TO PRISON OF...................................................................................

CURFEWED ON HDC LICENCE FROM HMP..........................................................

DOCUMENTS

1. The following documents are enclosed:

(i) PUHDC(8): Confirmation of disclosure and statement of prisoner’s intention,(ii) One copy of the revocation dossier,(iii) One additional copy of the reasons for revocation for the prisoner to keep.

GUIDANCE

2. If you have any queries which are not answered by the contents of this memorandum, please telephone the Parole Unit on the number at the top of this page.

ACTION

3. Please see the prisoner within one working day and do the following:

(i) give the prisoner a copy of the reason(s) for his/her recall to prison and make sure the prisoner fully understands them;

(ii) give the prisoner the opportunity to read the revocation dossier and make sure he/she fully understands what is contained within it. The prisoner will need to pay for it if a copy is to be retained;

(iii) inform the prisoner that he or she has the right, which can be exercised immediately, to make written representations for consideration by the Parole Unit.

REPRESENTATIONS

4. PUHDC(8) should be completed as soon as possible after the reasons have been given to the prisoner and he or she has had the opportunity to read the dossier and consider what action he or she wishes to take. Whether or not the prisoner wishes to make representations, form PUHDC(8) must be signed by the prisoner and returned to the Parole Unit.

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5. You must return the form within one working day of the prisoner completing Part II of the form. You may wish to retain a copy for your records.

6. If the prisoner wishes to make representations, please provide sufficient lined white A4 paper for this purpose. The prisoner should write in black ink (to facilitate subsequent photocopying) and use only one side of each sheet. Do not censor the representations in any way.

7. If the prisoner submits his/her representations to any member of prison staff, these must be forwarded to the Parole Unit Appeals Section within one working day.

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PUHDC(8)

CONFIRMATION OF DISCLOSURE AND STATEMENT OF INTENTION

PLEASE COMPLETE AND RETURN BY FAX TO:

THE PAROLE UNIT APPEALS SECTION[ FAX NUMBER ]

____________________________________________________________________________

PART I

FOR COMPLETION BY THE GOVERNOR

PRISONER’S NAME ............................

PRISON No. .............

Date dossier and reasons(s) received by prison..................................

Date dossier and reason(s) disclosed to prisoner..................................

I acknowledge receipt of the revocation dossier and reason(s) why the above named prisoner was recalled to prison.

Signed...................................... Date.........................

Name.......................................

____________________________________________________________________________

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FOR COMPLETION BY THE PRISONER

1. I confirm that:

I have been told and have received a copy of the reasons for the revocation of my licence

AND

I have been offered the opportunity to see my recall dossier.

2. I understand that I have the right to make written representations to the Parole Unit concerning the revocation of my licence.

3. Please delete the following as appropriate:

(i) I wish to make written representations myself.

(ii) I wish to make written representations via my legal representative and understand that it is my responsibility to ensure that he/she contacts the Parole Unit Appeals Section.

(iii) I wish to make written representations via another party and understand that it is my responsibility to ensure that he/she contacts the Parole Unit Appeals Section.

Please name..................................................................................

(iv) I do not wish to make written representations. I understand that in the absence of any such representations the Parole Unit will give no further consideration at this stage to the question of my re-curfew on HDC licence.

SIGNED.......................................... NAME ........................................

PRISON No.....................................

DATE..............................................

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PSO 6700 Vocab No GO006

HOME DETENTION CURFEW

( Adult Prisoners serving sentencesof under one year)

LICENCE

Criminal Justice Act 1991

HMP ___________Tel._____________

Name: Date of Birth:

Prison No: CRO No :

PNCID No:

1. Under the provisions of Section 34A of the Criminal Justice Act 1991 you are being released on licence and must comply with the conditions of this licence.

2. You will be subject to a Home Detention Curfew. The objective of the Home Detention Curfew is to help you manage your return into the community.

3. Your Home Detention Curfew commences on ................ and expires on ........... . Your licence will expire on this date, unless it is revoked before that date.

4. The address to which you are curfewed is :

(insert curfew address)

5. On the day of your release, you will be curfewed at your curfew address from __;__ until midnight. The contractor will visit you at this address during this time in order to fit you with the tag. On your last day of curfew the contractor will visit you to remove the tag and monitoring equipment. This will take place in the last two hours of your last curfew period between [ insert times].

6. After your day of release, you are required to remain at your place of curfew during the following hours :

00:001 to 07:15

and 19:15 1 to 24:00 1

00:00 1 to 06:45

and 18:45 1 to 24:00 1

00:001 to and 19:00 1 to

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07:00 24:00 1

daily2/ on the following days (identify days) 2

[Insert any variations at this point]

7. Your compliance with the conditions of the Home Detention Curfew will be monitored by (name of monitoring company). You must provide the contractor with access to the curfew address to install and check the monitoring equipment and electronic tag. Such visits will be made during your curfew hours but not between midnight and 6.00am. However, the contractor may visit the curfew address between midnight and 6:00am in order to investigate a reported violation.

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8. The monitoring equipment will operate via a telephone line. You will be responsible for meeting the cost of the electricity used by the monitoring equipment in your curfew address. It is your responsibility to ensure that there is an electricity supply available during your time on curfew. You must agree to the installation of a new telephone line at your curfew address for use by the contractor if there is not already a suitable line. The contractor will notify you of a time and a date and you must be present, and provide access to, the curfew address at the notified time to allow installation to take place. The installation will normally take place during standard working hours.

9. While on Home Detention Curfew you may be liable to recall to prison if you breach the condition of this licence relating to the curfew. You will be in breach of this condition if:

(i) you are absent from your curfew address during the specified curfew hours;(ii) you commit violence against or threaten the contractor or any of his staff with violence;(iii) you damage or tamper with the monitoring equipment;(iv) you withdraw your consent to the monitoring arrangements.

10. In addition, you may be recalled to prison if:

(i) your whereabouts can no longer be electronically monitored at the specified address;

(ii) it is necessary to recall you to prison in order to protect the public from serious harm.

(iii) you commit a criminal offence or engage in conduct that suggests you have committed an offence while on licence (see paragraph 14 below).

11. The contractor may authorise your absence from your place of curfew in clearly defined circumstances, which you will be informed about by the contractor in writing. You must contact the contractor in advance of any such absence to seek authorisation where this is possible. If it is not possible to contact the contractor in advance, you must contact them as soon as possible thereafter. Absence for any other reason other than these clearly defined circumstances will constitute a breach of your curfew condition.

12. If you need to seek a permanent change to your curfew conditions (for instance because of the requirements of a new job), you must contact the Prison Service establishment from which you were released. A contact number is attached at the bottom of this licence.

13. It is a condition of your release on licence that you do not commit an offence or engage in conduct that suggests you have committed an offence whilst on licence.

14. The penalties for breaching this condition are explained below:

(i) if the offence for which you are serving this sentence was committed before 1 January 1999, you will be liable to a fine up to level 3 on the standard scale

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PSO 6700 Vocab No GO006

and/or to be sent back to prison for a period not exceeding six months, or the date on which your licence expires if that is sooner.

(ii) if the offence for which you are serving this sentence was committed on or after 1 January 1999, you will be liable to have your licence revoked and be recalled to custody until the date on which your licence would otherwise have expired.

15. Your sentence expires on ................. In accordance with the provisions of Section 40 of the Criminal Justice Act 1991, you are liable to be returned to custody if you are convicted of a further imprisonable offence committed before your sentence has fully expired. The court dealing with the new offence may add all or part of the outstanding period of the original sentence onto any new sentence it may impose.

Contact Points

Monitoring Contractor:

Tel:

HMP _________

Tel:

Signed:

Date:

for the Secretary of State for the Home Department

This licence has been given to me and its requirements have been explained. I accept the conditions imposed.

Signed:

Date:

1 Amend/Delete as required2 Delete as required

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PSO 6700 Vocab No. GO006

HOME DETENTION CURFEW (Adult Prisoners serving sentences of one year or over and all Young Offenders)

LICENCE

Criminal Justice Act 1991

HMP/YOI: ___________ Tel:_________________

Name : Date of Birth:

Prison No : CRO No :

PNCID No:

1. Under the provisions of Section 34A of the Criminal Justice Act 1991 you are being released on licence and must comply with the conditions of this licence.

2. You will be subject to a Home Detention Curfew. The objective of the Home Detention Curfew is to help you manage your return into the community. You will also be under the supervision of a probation officer. The objectives of this supervision are to (a) protect the public, (b) prevent re-offending and (c) achieve your successful re-integration into the community.

3. Your Home Detention Curfew commences on ................ and expires on .............

4. Your supervision commences on .............. and expires on ...................... unless this licence is previously revoked. Your licence will expire on this date, unless it is revoked before that date.

5. On release you must report without delay to :

(name, address and tel. no. of probation officer here)

Home Detention Curfew

6. The address to which you are curfewed is :

(insert curfew address)

7. On the day of your release, you will be curfewed at your curfew address from __;__ until midnight. The contractor will visit you at this address during this time in order to fit you with the tag. On your last day of curfew the contractor will visit you to remove the tag and monitoring equipment. This will take place in the last two hours of your last curfew period between [ insert times

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8. After your day of release, you are required to remain at your place of curfew during the following hours :

00:00 to 07:15 1

and 19:15 1 to 24:001

00:001 to 06:45 1

and 18:45 1 to 24:00 1

00:001 to 07:00 1

and 19:00 1 to 24:00 1

daily2/ on the following days (identify days) 2

[Insert any variations at this point]

9. Your compliance with the conditions of the Home Detention Curfew will be monitored by (name of monitoring company). You must provide the contractor with access to the curfew address to install and check the monitoring equipment and electronic tag. Such visits will be made during your curfew hours but not between midnight and 6.00am. However, the contractor may visit the curfew address between midnight and 6:00am in order to investigate a reported violation.

10. The monitoring equipment will operate via a telephone line. You will be responsible for meeting the cost of the electricity used by the monitoring equipment in your curfew address. It is your responsibility to ensure that there is an electricity supply available during your time on curfew. You must agree to the installation of a new telephone line at your curfew address for use by the contractor if there is not already a suitable line. The contractor will notify you of a time and a date and you must be present, and provide access to, the curfew address at the notified time to allow installation to take place. The installation will normally take place during standard working hours

11. While on Home Detention Curfew you may be liable to recall to prison if you breach the condition of this licence relating to the curfew. You will be in breach of this condition if:

(i) you are absent from your curfew address during the specified curfew hours(ii) you commit violence against or threaten the contractor or any of his staff with violence;(iii) you damage or tamper with the monitoring equipment;(iv) you withdraw your consent to the monitoring arrangements.

12. In addition, you may be recalled to prison if:

(i) your whereabouts can no longer be electronically monitored at the specified address;(ii) it is necessary to recall you to prison in order to protect the public from serious harm;(iii) you commit an offence or breach any other requirement of your probation supervision

(see paragraph 18 below).

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PSO 6700 Vocab No. GO006

13. The contractor may authorise your absence from your place of curfew in clearly defined circumstances, which you will be informed about by the contractor in writing. You must contact the contractor in advance of any such absence to seek authorisation where this is possible. If it is not possible to contact the contractor in advance, you must contact them as soon as possible thereafter. Absence for any reason other than these clearly defined circumstances will constitute a breach of your curfew condition.

14. If you need to seek a permanent change to your curfew conditions (for instance because of the requirements of a new job), you must contact the Prison Service establishment from which you were released. A contact number is attached at the bottom of this licence.

Probation Supervision

15. You must place yourself under the supervision of whichever probation officer or social worker is nominated for this purpose from time to time.

16. While under supervision you must :

(i) keep in touch with your supervising officer in accordance with any reasonable instructions that you may from time to time be given;

(ii) if required, receive visits from your supervising officer at your home at reasonable hours and for reasonable periods;

(iii) live where reasonably approved by your supervising officer and notify him or her in advance of any proposed change of address (please note that whilst you are still subject to the Home Detention Curfew, the governor of the prison from which you were released will be responsible for authorising any change of address);

(iv) undertake only such employment as your supervising officer reasonably approves and notify him or her in advance of any proposed change in employment or occupation;

(v) not travel outside the United Kingdom without obtaining the prior permission of your supervising officer (which will be given in exceptional circumstances only);

vi be of good behaviour, not commit any offence and not take any action which would jeopardise the objectives of your supervision, namely to protect the public, prevent you from reoffending and secure your successful reintegration into the community.

17. The Secretary of State may vary or cancel any of the conditions, in accordance with section 37(4) of the Criminal Justice Act 1991.

18. The penalties for failing to comply with any requirement of your probation supervision (set out in paragraphs 5, 15 and 16) are explained below:

(I) if the offence for which you are serving this sentence was committed before 1 January 1999, you will be liable to a fine up to level 3 on the standard scale and/or to be sent back to prison for a period not exceeding six months, or the date on which your licence expires if that is sooner.

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PSO 6700 Vocab No. GO006

(Ii) if the offence for which you are serving this sentence was committed on or after 1 January 1999, and you fail to comply with the conditions of your probation supervision or otherwise pose a risk to the public, you will be liable to have your licence revoked and be recalled to custody until the three-quarter point of your sentence.

If you are sent back to prison and released before the end of the licence period, you will still be subject to supervision.

19. Your sentence expires on ................. In accordance with the provisions of Section 40 of the Criminal Justice Act 1991, you are liable to be returned to custody if you are convicted of a further imprisonable offence committed before your sentence has fully expired. The court dealing with the new offence may add all or part of the outstanding period of the original sentence onto any new sentence it may impose.

Contact Points

Monitoring Contractor:

Tel:

HMP __________

Tel:

Signed:

Date:

for the Secretary of State for the Home Department

This licence has been given to me and its requirements have been explained. I accept the conditions imposed.

Signed:

Date:

1 Amend/Delete as required2 Delete as required

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Order Ref. No. 6700 Annex D, Page 1

EXTRACTS FROM THE CRIMINAL JUSTICE ACT 1991 AS AMENDED(Amendments under the Crime and Disorder Act 1998 of relevance to the Home Detention Curfew scheme highlighted in bold).

Duty to release prisoners: special cases.

33A.(1) As soon as a prisoner -

(a) whose sentence is for a term of less than twelve months;and

(b) who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section38A(1) or 39(1) or (2) below, would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.

(2) As soon as a prisoner -

(a) whose sentence is for a term of twelve months or more;and

(b) who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.

...

Power to release short-term prisoners on licence

34A.(1) Subject to subsection (2) below, subsection (3) below applies where a short term prisoner aged 18 or over is serving a sentence of imprisonment for a term of three months or more.

(2) Subsection (3) below does not apply where -

(a) the sentence is an extended sentence within the meaning of section 55 of the Crime and Disorder Act 1998;

(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995;

(c) the sentence was imposed under paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act in a case where the prisoner had failed to comply with a requirement of a curfew order;

(d) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983; (e) the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below; (f) the prisoner has been released on licence under this section at any time and has been recalled to prison under section

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38A(1)(a) below; (g) the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below; (h) the prisoner has been returned to prison under section 40 below at any time; or (j) the interval between - (i) the date on which the prisoner will have served the requisite period for the term of the sentence; and (ii) the date on which he will have served one-half of the sentence, is less than 14 days.

(3) After the prisoner has served the requisite period of the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.

(4) In this section “the requisite period” means - (a) for a term of three months or more but less than four months, a period of 30 days; (b) for a term of four months or more but less than eight months, a period equal to one-quarter of the term; (c) for a term of eight months or more, a period that is 60 days less than one-half of the term.

(5) The Secretary of State may by order made by statutory instrument- (a) repeal the words “aged 18 or over” in subsection (1) above; (b) amend the definition of “the requisite period” in subsection (4) above; (c) make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.

(6) No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Duration and condition of licences.

37.(1) Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to ... any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.

1(A)...

1(B) Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between- (a) that proportion of his sentence; and (b) the duration of the curfew condition to which he is or was subject.

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(2) Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

(4) A person subject to a licence under this Part shall comply with such conditions ... as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

(4A) The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by- (a) a probation officer appointed for or assigned to the petty sessions area within which the person resides for the time being; or (b) where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

(5) ...

Curfew conditions to be included in licences under section 34A

37A.-(1) A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which- (a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and (b) includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.

2) The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(3) The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.

(4) The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(5) The power conferred by subsection (4) above- (a) shall be exercisable by statutory instrument; and (b) shall include power to make different provision for different cases or classes of case or for different areas.

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(6) Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales.

(7) In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.

Breach of curfew condition.

38A.-(1) If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above- (a) that he has failed to comply with the curfew condition; (b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or (c) that it is necessary to do so in order to protect the public from serious harm from him,the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.

(2) A person whose licence under section 34A(3) above isrevoked under this section- (a) may make representations in writing with respect to the revocation; (b) on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.

(3) The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.

(4) Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.

(5) On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

`(6) In this section “the curfew condition” has the same meaning as in section 37A above.

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Order Ref. No. 6700 Annex F, Page 1

ROLES OF THE OTHER AGENCIES

1. THE PROBATION SERVICE

1.1 The role of the Probation Service in HDC is in the following areas:

Risk assessment

1.2. The probation service is responsible for commenting on the suitability of the proposed curfew address and providing any comments on the prisoner’s general suitability for Home Detention Curfew. The probation service that covers the area in which the proposed curfew address falls will be sent form PD1 (for ACR prisoners) or HDC3 (for AUR prisoners) requesting their views and have a target of 10 working days to return this to the prison.

1.3. In addition, the probation service will, wherever possible, supply an assessment of the prisoner’s suitability for HDC at the post-sentence stage, based on information gathered for pre-sentence reports or Specific Sentence Enquiries, where appropriate.

Temporary accommodation

1.4. Some prisoners may seek assistance from probation services in helping them to find temporary accommodation.

Post-release supervision

1.5. The probation service will have no new supervision responsibilities as a result of HDC. They will have no new supervisory role in respect of AUR prisoners and existing supervision arrangements will apply in respect of ACR prisoners.

1.6. The probation service will be informed by the prison of all prisoners on HDC in their area, their hours of curfew and any variation to them.

Variation of licence conditions

1.7. Where a prisoner wishes to change his or her curfew address the probation service will be responsible for commenting on the suitability of any proposed change of curfew address and must do so as soon as possible.

1.8. If the probation service is supervising the offender, it may also be asked for views on any proposed variation is in the curfew hours.

1.9. Where a new licence is issued it will be faxed to the Probation Service HDC contact point.

Breach of licence

1.10. Breaches of HDC will be reported by the contractors to the Parole Unit. In the case of ACR prisoners, the Parole Unit will usually contact the supervising probation service

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before making a decision, for information about the offender’s compliance with other licence conditions and general behaviour.

1.11. The Parole Unit also have the power to recall an offender to protect the public from serious harm. Probation staff who believe that recall for these reasons is necessary must contact the Parole Unit immediately.

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2. THE CONTRACTORS

2.1 The role of the contractors in HDC is in the following areas.

Fitting of tag & installation of equipment

2.2 The contractors will be responsible for fitting the Personal Identification Device (PID) to the offender and installing the Monitoring Unit. This will take place at the curfew address on the day of release, after the commencement of the first curfew period. The contractors will have been given advance notice of the release and had the licence faxed to them on the day of release.

Monitoring of curfew

2.3 The contractors will be responsible for monitoring the prisoner’s compliance with the curfew hours.

Breaches of curfew

2.4 The contractors will report serious or persistent breaches of curfew conditions (including damage to and tampering with the equipment) to the Parole Unit and provide them with any further information as necessary.

2.5 The contractors will also report failures to install the monitoring equipment and where the curfew can no longer be electronically monitored.

Variation of licence conditions

2.6 The contractors will supply such details of the prisoner’s record of curfew compliance as necessary to either the establishment or Parole Unit as appropriate.

2.7 Where a new licence is issued it will be faxed to the contractor and the contractor will be responsible for obtaining the signature of the prisoner on the new licence

3. THE POLICE

3.1 The role of the police in HDC is in the following areas.

Risk assessment

3.2 Where, in the case of offenders required to register under part I of the Sex Offenders Act 1997, it is decided that there are exceptional circumstances which warrant risk assessing the prisoner then the views of the police must be sought.

Arrest following recall

3.3 Where a notice of recall has been issued by the Parole Unit, the police have responsibility for the arrest of the prisoner.

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4. NATIONAL IDENTIFICATION SERVICE (NIS)

4.1 The NIS will be sent details of all releases on HDC and will enter these details onto the Police National Computer.

5. AUTHORISED ABSENCES

5.1 Contractors may authorise one off absences during a curfew period. This annex sets out the circumstances in which this may be done.

5.2 If the absence does come within the circumstances below the contractor should advise the curfewee in writing that an absence within the timescales set out would not be pursued as a violation. The curfewee must provide the contractor with sufficient written proof of the reason for the authorised absence, either 24 hours before the absence or within 48 hours of the absence for emergency absences.

5.3 Absences authorised under this section can only be one-off occurrences or more regular absences that occur less frequently than once a week. If an absence is a regular and unavoidable weekly occurrence, the curfewee will need to apply to the establishment from which he or she was released for an appropriate variation to the curfew licence.

5.4 Types of absences which should not normally be regarded by the contractor as violations

(i) Emergency absences

a) Emergency absences are those for which prior notice is not possible and include circumstances in which emergency medical treatment for the curfewee or his/her immediate dependants is required and emergencies involving the curfewee’s dependant.

b) Duration - There is no maximum duration; however, in general, most absences of this type must not exceed 8 hours in any one day.

(i) Work

a) For any regular work that will always coincide with part or all of the curfew period, the curfewee will be required to apply to the prison governor for a variation of curfew hours. For shift work, the curfewee should also contact the prison governor request amendments to the curfew period, where the shift times are predictable and known in advance.

b) There may be some circumstances where curfewees are required to work at short notice and where there would not be enough time to contact the prison governor. In such circumstances, the contractor must authorise an allowable absence if they are satisfied that the work forms part of a permanent job, is not just a “one-off” piece of work, and that they receive written verification from the employer that the work was required and took place.

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(iii) Police custody

a) Contractors must not treat any absences caused by the curfewee being detained in police custody as a violation.

(iv) Other absences

a) Violation arrangements must not normally be instituted for “one-off” absences which unavoidably fall within the curfewee’s curfew hours for any of the following reasons, where this has been notified to the contractor in advance:

attending a marriage or funeral of a close relative, meaning a spouse (including a partner with whom the curfewee is living as a spouse) parent or child (including in loco parent’s relationships), sibling (including half and step) or fiancee);

irregular or unexpected personal medical appointments irregular or unexpected medical appointments for the curfewee’s

child attendance at job interviews, job club, or employment benefit

office or elsewhere to “sign on” in connection with any claims for financial assistance;

attendance as a witness in court or as required by the court.

b) Duration - In most circumstances, the absence must be limited to the length of the event, plus a maximum of 1.5 hours travelling each way. The contractor must approve the minimum required time and investigate each absence in this category, which must not normally exceed 8 hours and may never exceed 24 hours.

c) Notification - All notifications of the above absences must be made to the contractor by the curfewee, normally by telephone, at least 24 hours before the absence is due to occur. The curfewee will be required to provide sufficient details

v. Any curfewee who wishes to be absent during curfew hours for a reason which is not covered in this section must be advised to make an application to the prison governor for a temporary or permanent variation to the curfew.

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Order Ref. No. 6700 Annex G , Page 1

ELECTRONIC MONITORING REGIONS

Region Contractor/contact

Probation Areas Police Forces

London and Eastern

Premier Monitoring Services

08080 965824

Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Inner London, Middlesex, Norfolk, North East London, South East London, South West London, Suffolk

Bedfordshire, Cambridgeshire, City of London, Essex, Hertfordshire, Metropolitan, Norfolk, Suffolk

Midlands and Wales

Premier Monitoring Services

08080 152369

Derbyshire, Dyfed, Gwent, Hereford and Worcestershire, Leicestershire, Lincolnshire, Northamptonshire, North Wales, Nottinghamshire, Powys, Shropshire, Staffordshire, Warwickshire, West Glamorgan, Mid Glamorgan, South Glamorgan, West Midlands

Derbyshire, Dyfed-Powys, Gwent, Leicestershire, Lincolnshire, Northamptonshire, North Wales, Nottinghamshire, South Wales, Staffordshire, Warwickshire, West Mercia, West Midlands

Northern Securicor Custodial Services

0800 454427

Cheshire, Cumbria, Durham, Greater Manchester, Humberside, Lancashire, Merseyside, Northumbria, North Yorks.,

Cheshire, Cleveland, Cumbria, Durham, Greater Manchester, Humberside, Lancashire, Merseyside, Northumbria, North Yorks., South Yorks., West Yorks.

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South Yorks., Teeside, West Yorks.

Southern

GSSC of Europe Ltd

0800 9171690

Avon, Berkshire, Cornwall, Devon, Dorset, Gloucestershire, Hampshire, Kent, Oxfordshire & Buckinghamshire, Somerset, Surrey, Sussex East, Sussex West, Wiltshire

Avon & Somerset, Devon & Cornwall, Dorset, Gloucestershire, Hampshire, Kent, Surrey, Sussex, Thames Valley, Wiltshire

Note: The London and Eastern region will also include a small part of the South East Government region and Surrey Probation Service, which is currently policed by the Metropolitan Police.

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Order Ref. No. 6700 Chapter 9, Page 1

ALLOCATION OF STANDARD LICENCE HOURS BY ESTABLISHMENT

6:45-6:45 7:00-7:00 7:15-7:15

Acklington Haslar NorthallertonAlbany Hatfield Norwich

Aldington Haverigg NottinghamAltcourse Hewell Grange OnleyAshwell Highdown Parc

Askham Grange Highpoint ParkhurstAylesbury Hindley PentonvilleBedford Hollesley Bay Portland

Belmarsh Holloway PrestonBirmingham Holme House PucklechurchBlakenhurst Hull Ranby

Blantyre House Huntercombe ReadingBlundeston Kingston RisleyBrinsford Kirkham Rochester

Bristol Kirklevington SendBrixton Lancaster Shepton Mallet

Brockhill Lancaster Farms ShrewsburyBuckley Hall Latchmere House StaffordBullingdon Leeds Stanford Hill

Bullwood Hall Leicester StockenCamp Hill Lewes Stoke Heath

Canterbury Leyhill StyalCardiff Lincoln Sudbury

Castington Lindholme SwalesideChannings Wood Littlehey Swansea

Chelmsford Liverpool Swinfen HallColchester Long Lartin The VerneColdingley Low Newton The Wolds

Cookham Wood Lowdham Grange Thorn CrossDartmoor Maidstone UskDeerbolt Manchester Wakefield

Doncaster Moorland WandsworthDorchester Morton Hall Wayland

Dover Mount (the) WealstunDownview New Hall WeareDrake Hall North Sea Camp WellingboroughDurham Werrington

Earlstoke WetherbyEast Sutton Park WhattonEastwood Park Whitemoor

Elmley WinchesterEverthorpe Woodhill

Exeter Wormwood ScrubsFeatherstone Wymott

FelthamFord

Foston HallFranklandFull Sutton

GarthGartree

Glen ParvaGloucesterGrendon

Guys Marsh

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Order Ref. No. 6700 ANNEX I Page 1

ANNEX I (Annex I replaced 08/07/2013 to comply with PSI 25/2013 – PI 10/2013)

BASS (Accommodation and Support Service for Bail and HDC)

1. Accommodation and support services have been available since 18 June 2010 through a national contract with Stonham. The service is called the Bail Accommodation and Support Service (BASS) but the accommodation and support is available for Home Detention Curfew as well as for bail, and for offenders on intensive community orders.

2. This Annex sets out how the scheme works and what is available for HDC and the variations from the normal HDC process. The forms to be used for making requests and orders to Stonham, the procedures and the contact details are issued by Stonham to prisons, probation and courts. This guidance is also available on the Probation (EPIC) and NOMS intranet sites.

Process

3. Form HDC 2 is issued to the prisoner in line with the normal timetable as set out in paragraph 5.8.1 of PSO 6700. If the prisoner cannot provide an accommodation address, and the prisoner otherwise meets the basic eligibility criteria, the prisoner must be offered the possibility of accommodation through the contract with Stonham.

4. The prisoner may reject this offer but can be reconsidered for HDC and for BASS at a later date if he/she wishes.

5. If the prisoner accepts the offer, a member of prison staff must interview the prisoner to determine the potential needs of the prisoner including: whether there are any dependants, the area the prisoner wishes to be curfewed to; or, in the case of prisoners sentenced to 12 months or more, the prisoner’s chosen locality in the probation area responsible for his/her resettlement.

6. A modified version of form HDC3 (HDC (3B) attached below at Appendix A) must be sent to the home probation area to provide an ‘in principle’ report on the assumption that suitable accommodation will be found. The form asks the probation service to comment on the suitability of the proposed area the prisoner wishes to be released to, any victim issues and the general suitability for the prisoner to be released on HDC.

7. Probation should return the completed HDC (3b) as soon as possible; and within the National Standard target of 10 days.

8. On receipt of the completed form if probation do not support the release the prisoner must still be referred for consideration under the enhanced risk assessment process. If probation support the proposed release, account must be taken of any requests for additional licence conditions (in the case of prisoners subject to supervision on release), and areas to avoid taking victim issues into account. The prisoner must then be assessed under the standard/enhanced procedure and HDC either refused or granted, subject to a suitable address being provided.

9. The prison must then complete the Stonham Referral form and send this to Stonham Referral Point providing the prisoner’s details, whether accommodation is required or support only, the area of preference for the prisoner to be released to, if there are dependants who also need to be considered and the date for when the accommodation is required, including the end date of HDC. The Referral form must be

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Order Ref. No. 6700 ANNEX I Page 2

sent no earlier than one month prior to the expected HDC release date and no later than 14 days before the expected HDC release date.

10. Stonham will reply offering an address/support package for the prison to consider. If the Governor decides the package is unsuitable a further request can be placed with Stonham. However, if the Governor considers the package to be suitable and the prisoner also agrees the terms of the compact the prison must contact Stonham’s Referral Point confirming the package is suitable. This must be done no later than 7 calendar days before the date of release.

11. All those provided with accommodation by BASS on HDC will receive one support session a week (even if they have an Offender Manager). In addition, a ‘support only’ service is available for those who can provide their own suitable accommodation.

12. In considering the release of a prisoner to BASS with accommodation or on a ‘support only’ basis Governors should be aware that if the prisoner fails to engage with the BASS support staff, that failure alone will not lead to recall. Withdrawal of the accommodation is likely to lead to recall, unless another suitable address is immediately available. However failure to engage with the support service will not of itself automatically lead to withdrawal of BASS accommodation by the contractor. If the support and accommodation is to be used to best effect, it will be important therefore to assess the likelihood of the prisoner engaging with BASS support when making a referral.

13. Failure to engage will be reported to the PPCS for all cases. Where there is an OM any failure to engage with the BASS support will also be reported to the OM who will consider that with other information on the prisoner's behaviour. But failure to engage with the support service will not of itself be a breach of the licence conditions leading to recall and will not of itself justify withdrawal of BASS accommodation.

14. The HDC7 must be faxed as normal to the EM supplier, home probation, NIS and local police up to 14 days in advance of the release and never without at least 24 hours notice.

15. On the day of release on HDC a copy of the signed licence must be faxed to all the above parties and to Stonham before 12 noon. All copies of the licence must be clearly annotated to show that the accommodation address is supplied by Stonham. This will provide NOMS' Public Protection Casework Section with the information required to notify Stonham of minor breach/es of curfew and of the termination of the service requirement if necessary in due course.

16. Unless specified otherwise on the licence the prisoner must be at the accommodation by 3 p.m. on the day of release. The Stonham support worker will be there to meet the prisoner from 2.45 p.m. to 3.30 p.m. However, if Stonham has been informed by the prison or the prisoner that they have been unavoidably delayed, the support worker shall be available until 7pm to meet the prisoner from 15 minutes before to 30 minutes after the revised arrival time. The support officer will be available to provide induction until 8 p.m.

Action following release and if licence is revoked

17. If upon induction it becomes clear the accommodation is not suitable, Stonham will ask the prison for approval before moving the prisoner to a new address. They will also advise the EM supplier if it is necessary to change the address. The Governor may approve the new address if the Governor is satisfied that there is no information held

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Order Ref. No. 6700 ANNEX I Page 3

that would indicate the proposed address is unsuitable. The licence must be amended and faxed to all relevant recipients without delay.

18. Where a prisoner fails to arrive at the accommodation by 3.30 p.m. and no reason has been provided, Stonham will contact the EM supplier and the offender manager (if there is one), to report the failure to arrive. The Public Protection Casework Section in NOMS HQ will decide whether to instigate recall proceedings. If a decision is taken to recall the prisoner the Public Protection Casework Section will inform Stonham.

19. If the service user fails to attend support sessions or fails to engage with the support officer warnings will be given and Stonham will inform PPCS and the offender manager if there is one. Support sessions for HDC are not enforceable and, in the absence of other grounds for recall, failure to attend will not result in recall.

20. Where Stonham wishes to terminate the accommodation service to an individual they will notify the Public Protection Casework Section and the offender manager if there is one. Loss of suitable accommodation will lead to recall from HDC unless alternative, suitable accommodation is found immediately. Stonham may terminate the service if the service user breaks the terms of the agreement, fails to sign the Accommodation agreement or indulges in unacceptable behaviour towards other occupants of the premises or neighbours or the support worker. However, Stonham will continue to provide accommodation pending a response from the Public Protection Casework Section.

21. If the service user absconds, or following a decision by PPCS to recall, Stonham will advise the EM supplier. The police will be informed if the situation requires a police presence or an offence is to be reported by Stonham.

22. If a variation is made to the HDC licence and it impacts on the service provision, the prison must fax a Service Variation to Stonham.

23. In the event that the prisoner is placed in custody following a breach, is sentenced, remanded in custody, absconds or abandons the accommodation Stonham shall:

a) Ensure that the prisoner’s identification, documents and small valuables are sent to the prison, or to the offender manager if there is one.

b) Keep the prisoner’s property (other than the above) at the premises for a maximum of 7 days.

c) Within the 7 days, not unreasonably prevent or restrict the collection of the prisoner’s property by their friends or family as nominated when the prisoner initially moved in.

d) After the 7 days dispose of any of the prisoner’s property that has not been collected in accordance with the terms set out in the Accommodation

Agreement.

24. The prisoner will be allowed to remain at the accommodation for up to 7 days following completion of the HDC period unless otherwise recalled or the service is terminated.

25. Should a prisoner lose their address (non BASS) whilst already released on HDC application can be made to Stonham for BASS accommodation. Such a referral will be responded to within two hours.

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Order Ref. No. 6700 ANNEX I Page 4

The services provided by Stonham

26. A description of the service is at Annex A to PSI xx /2011 / PI xx/2011.

27. BASS does not accept sex offenders. Those on police bail for, cautioned for, convicted of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003 are excluded from BASS.

28. An offender or defendant is a sex offender for the purposes of BASS if he/she has previously been cautioned for or convicted of, or is currently on police bail for, or charged with, a sexual offence mentioned in Schedule 3 (as amended) to the Act, or equivalent offences in other jurisdictions.  Defendants and offenders will be ineligible whether or not the notification (sex offenders register) requirements of the Act have been imposed and even where any provisions which must be met for notification have not been met or the notification requirement has expired. 

29. The accommodation provided will be mainly shared accommodation in the community in small houses or flats – typically with 2-3 sharing. Single accommodation will be available for a small number of cases. Staff should ensure that prisoners are aware of the type of accommodation, that it will usually be shared, that they will have to pay the rent and a contribution to utilities either themselves or through Housing Benefit and that failure to do so will result in termination of the accommodation agreement and licence and may lead to a return to custody, and that they will be expected to sign an accommodation agreement.

30. Stonham will ask that Housing Benefit is paid direct to the landlord, not via the prisoner. Housing Advice Workers should be consulted about Housing Benefit eligibility if there is doubt about this.

31. Those provided with accommodation will be given help by the Stonham support worker to move-in and to maintain occupancy as effective licencees. They will also get help to find move-on accommodation beyond the end of the HDC period.

32. Defendants on bail, prisoners on HDC and offenders on an intensive community order may be accommodated in the same house.

33. A prisoner who is a parent may be provided with family accommodation where he or she can be joined by dependent children. However, in recognition of the need to protect children, such a request should only be made where a check has been made and Social Services have confirmed in writing that there is no reason why the named child or children should not join the parent. Where a parent and child or children are accommodated there will be no other occupants in a shared house.

34. Partners will not be permitted to stay at accommodation provided by Stonham. With the exception of parents and dependent children there will be no mixed gender sharing of houses.

35. Stonham will provide prisons with sample accommodation licences and compacts so that staff can explain the commitments prisoners will be making. Stonham will also from time to time advise the whereabouts of accommodation and support available, but requests should be made for where accommodation or support is wanted (so that Stonham can, over time, analyse and match their provision to the need).

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Order Ref. No. 6700 ANNEX I Page 5

36. Support will consist of 1 contact session a week. More sessions may however be provided by Stonham to address need on a case-by-case basis. The support worker provided by Stonham will help the curfewee to address issues such as self management, drug, alcohol or substance dependency, and help access housing, education or employment, by engaging existing specialist public and voluntary services as appropriate.

37. Stonham are required by the contract to establish good liaison with the police and with other stakeholders including probation and the electronic monitoring suppliers. They have clear guidance on when to initiate breach procedures, and set procedures. Failure to arrive at the accommodation, or absconding, will be reported to the Public Protection Casework Section. And if the support worker or a landlord is unhappy with a defendant’s behaviour Stonham will be able to withdraw the accommodation service for the individual.

Stonham Forms and Information

38. Stonham has regional offices, see Appendix A, who can provide copies of referral forms and marketing material. Stonham is always happy to attend courts and prisons to help promote and explain the service. BASS details are also available via the Probation (EPIC) and NOMS intranets.

June 2013

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Order Ref. No. 6700 ANNEX I PROTECT WHEN COMPLETED

Page 1

Appendix AFORM HDC (3b) (PSO 6700)This document may be disclosed to the prisoner. Please refer to guidance in the relevant Probation Instruction 09/2010.

REQUEST FOR INFORMATION ON PROPOSED HOME DETENTION CURFEW (for prisoners whose accommodation will be provided through the Stonham Bail Accommodation and Support Service)

To: From:

Address: HM Prison:

Date for reply: Date:

OFFENDER’S DETAILS

Re Surname Forename(s)

DoB Prison Number

Dates of Sentence Court

SentenceOffences

HDC Eligibility Date

The above named prisoner is being considered for Home Detention Curfew.

If considered suitable for release on HDC the prisoner will be found accommodation by Stonham.

The proposed area for release for the prisoner is:

Your views are sought on the suitability of the offender for Home Detention Curfew, and on the suitability of the proposed area for release.

N.B. Prisoners will normally be released on HDC unless there are substantive reasons for retaining the prisoner in custody until his or her automatic release date. Only where there are clear and substantive grounds to indicate the prisoner is unlikely successfully to complete the period on HDC will release normally be refused. Guidance on the role of the Probation Service in the risk assessment process for Home Detention Curfew is given in Probation Circular 44/98 and Probation Instruction xx/xxxx.

Factors on which you may wish to comment include:

(i) domestic circumstances;(ii) the position of known victims;(iii) evidence concerning the prisoner’s suitability for Home Detention Curfew including:Updated 08/07/2013 This amended version issued 19/08/2013

Order Ref. No. 6700 ANNEX I PROTECT WHEN COMPLETED

Page 2 d) potential risk to the victim(s) or to members of the public;e) risk of re-offending during the Home Detention Curfew period; orf) probability of complying with the conditions of the curfew.

You should also comment where there are any other factors of relevance to the prisoner’s suitability for Home Detention Curfew, or the suitability of the proposed release area.

The Prison Service would be particular grateful for any comments you may have in relation to the items below *

Comments on prisoner’s suitability and/or suitability of proposed release area (Please continue your comments on a separate sheet if necessary).

Any special curfew hours recommended:-

Signed__________________________Name _________________________

Date ______________ Grade ___________ Tel __________________

*Delete as appropriate

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