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PSI 29/2010 & PI 06/2010Chapter 12 Page 1

Chapter 12. Indeterminate sentence prisoners compassionate release on medical grounds

12.1General

12.1.1Under section 30 of the Crime (Sentences) Act 1997, the Secretary of State may at any time release a prisoner on licence if he or she is satisfied that exceptional circumstances exist which justify early release on compassionate grounds. Before exercising this power, the Secretary of State is required to consult the Parole Board, unless the circumstances make such consultation impracticable. Each case is considered on its own individual merits. Compassionate release must be approved personally by a Minister; it is not a decision which is delegated to officials.

12.2Criteria for release on compassionate grounds

12.2.1The criteria for compassionate release on medical grounds for all indeterminate sentence prisoners (ISP) are as follows: -

  • the prisoner is suffering from a terminal illness and death is likely to occur very shortly (although there are no set time limits, 3 months may be considered to be an appropriate period for an application to be made to Public Protection Casework Section [PPCS]), or the ISP is bedridden or similarly incapacitated, for example, those paralysed or suffering from a severe stoke;

and

  • The risk of re-offending (particularly of a sexual or violent nature) is minimal;

and

  • further imprisonment would reduce the prisoner’s life expectancy;

and

  • there are adequate arrangements for the prisoner’s care and treatment outside prison;

and

  • early release will bring some significant benefit to the prisoner or his/her family.

12.2.2However, the resource and cost implications of maintaining staff on bed-watch duties at an outside hospital/hospice are not grounds to justify release on compassionate grounds if the criteria set out above are not met. Other examples of cases not meeting the criteria are where conditions are self-induced, for example: following a hunger strike or where a prisoner refuses treatment.

12.3Application process

12.3.1The Governor/Controller must refer any case to PPCS, where it is considered compassionate release may be appropriate, using the form at Annex A to this Chapter. The assessments set out at section 3 must be provided with each application. The form must be completed as follows:

  • Sections 1, 2 and 6 must be completed by the prisoner’s Offender Supervisor.
  • Section 4 must be completed by the registered medical practitioner with full details of the medical condition. Any other reports which are available, for example from hospital consultants, must also be forwarded. It is essential an indication of likely life expectancy is included in the report.
  • Section 5 must be completed by the Offender Manager (IPP) or Home Probation Officer (lifer) who should attach details of the proposed release plan, including details of the arrangements for the prisoner’s care and treatment in the community.
  • Section 7 must be completed by the Governor/Controller.

12.3.2In cases meeting the criteria set out above, PPCS are responsible for liaising with Prison Health for advice and the Parole Board, unless the circumstances are such as to render consultation with the Board impracticable. A decision will be made as soon as possible following consultation with Ministers. If there is an application for the compassionate release of a prisoner with a very short life expectancy, PPCS must be alerted by telephone at an early stage.

12.3.3A decision to reject an application for compassionate release does not mean that it may not be re-considered if appropriate. Often, PPCS will ask that a case be kept under review. In those cases, the decision will be reviewed when, for example, there is a clearer prognosis or the life expectancy is further reduced. It is important Governors/Controllers keep PPCS advised of developments in such cases.

12.3.4If release is approved by the Minister, PPCS will send a licence to the holding establishment. This will be similar to the standard life licence, although some of the conditions may not be relevant. The licence will remain in force for the rest of the prisoner’s life (but see Chapter 1 for guidance about the termination of the licence for those prisoners serving an IPP). There is no question of a prisoner being recalled simply because of a recovery from the medical condition that resulted in his or her release on compassionate grounds. Recall action would, however, be appropriate if there is a risk to public safety.

IMMEDIATE EARLY RELEASE ON COMPASSIONATE GROUNDS

LIFE SENTENCE OR IPP PRISONERS

COMPASSIONATE MEDICAL CONDITION REPORT

SECTION 1 – DETAILS OF PRISONER – to be completed by the Offender Supervisor

HMP/YOI:
SURNAME: / FIRST NAMES:
ALIASES: / SECURITY CATEGORY:
PRISON
NUMBER: / DATE OF
BIRTH: / SEX:
M F

SECTION 2 – DETAILS OF INDEX OFFENCE – to be completed by the Offender Supervisor

(a) Name of sentencing Court:
(b) Index offence:
(c) Type of sentence received (delete as appropriate):
Mandatory Discretionary Automatic IPP
(d) Tariff and tariff expiry date:
(e) Date of conviction: Date of sentence (if different):
(f) Date of next Parole Board review:
(g) Does the offender present a risk to Children?
If yes, a Social Service report is required.
(h) Did the Court recommend deportation?

SECTION 3 – PROGRESS RECORD

This application for early release on health grounds includes assessments from:
Section 4 – The Registered Medical Practitioner
Section 5 – The Offender Manager/ Home Probation Officer
Section 6 – The Offender Supervisor
Section 7 – The Governor/Controller

SECTION 4 – MEDICAL REPORT - to be completed by the Registered Medical Practitioner

(a) I examined the prisoner on (date/s):
(b) The consultant(s) involved in this case is/are:
(c) The prisoner is suffering from:
(d) My prognosis on life expectancy is:
(d) Early release should be considered for the following reasons:
Registered Medical Practitioners should have in mind the following question: -
Does the condition of health render the prisoner incapable of re-offending, particularly of a sexual or violent nature, where there would be a risk to life or limb?
(g) If released medical care would be available from:
Name: / Name:
Address: / Address:
Postcode: / Postcode:
Telephone number: / Telephone number:
Name:………………………………………………………….
(BLOCK CAPITALS)
Signature:……………………………………………………...
Date:……………………………………………………………

Where the registered Medical Practitioner is not the General Practitioner with responsibility for the care of the patient within the prison, the General Practitioner should signify on the form that he/she is in agreement with the Registered Medical Practitioner’s report.

SECTION 5 – OFFENDER MANAGER’S / HOME PROBATION OFFICER’S REPORT

PLEASE NOTE – no additional enquiries should be made for the purpose of completing this section unless specifically requested by Public Protection Casework Section
(a) To what extent are the relatives and friends aware of the prisoner’s medical condition?
(b) What is your assessment of the prospect of suitable resettlement arrangements being made in the event of release?
(c) I confirm I have attached my report on the prisoner giving details of the release plan.
Name:………………………………………………………….
(BLOCK CAPITALS)
Signature:……………………………………………………...
Date:……………………………………………………………

SECTION 6 – OFFENDER SUPERVISOR’S REPORT

(a)Present location of prisoner: WING/ VPU / SEG / HCC / other (please state)
If prisoner is an in-patient at an outside hospital/hospice:
Name of Hospital/Hospice: Ward:
(b) Was the prisoner’s illness known to the sentencing Court?
(b)What is your assessment of the prisoner’s behaviour in Prison? Comment on their general behaviour as well as their participation in risk reduction work.
(c)What is your assessment of the risk of the prisoner re-offending, particularly violent or sexual offending, where there would be a risk to life or limb?
(e) Do you consider the prisoner should be released early on the grounds of ill health? (please give your reasons)
(f) If the prisoner presents a risk to children, is a Social Services report attached?

Yes No
If not, please give reason.
Name:………………………………………………………….
(BLOCK CAPITALS)
Signature:……………………………………………………...
Date:……………………………………………………………

SECTION 7 – GOVERNOR’S/CONTROLLER’S REPORT

(a) Have you read all the sections of this form and any attached reports? Is there any further information you wish to add about the prisoner’s likely risk to the public if released?
(b)If the prisoner is released early on compassionate grounds, will it create any particular public or media interest? Is there a political interest to be considered?
Name:………………………………………………………….
(BLOCK CAPITALS)
Signature:……………………………………………………...
Date:……………………………………………………………

(Replacement chapter for PSO 4700 ISP Manual)Issue date 12/04/2010