UNCLASSIFIED
CUSTODY COMPACTS – FOR USE IN CUSTODYThis instruction applies to : / Reference :
Prisons (except Juvenile establishments) / PSI 28/2010
Issue date / Effective Date
Implementation date / Expiry Date
29 March 2010 / 1 April 2010 / 28 March 2014
Issued on the authority of / NOMS Agency Board
For action by / Governing Governors, Directors and
Controllers of Contracted Prisons
For information / All prison staff.
Contact / Robin Dickens, Offender Assessment and Management Group, 0207 217 8646
Nina Revell, Safer Custody and Offender Policy Group, 0207 035 1544
Associated documents / PSO 4000 Incentives and Earned Privileges
Replaces the following documents which are hereby cancelled :-
N/A
Audit/monitoring :
To be monitored by Governing Governors, Directors and Controllers of Contracted Prisons
Introduces amendments to the following documents. Copies held on the HMPS Intranet will be amended ; hard copies must be amended or cross referenced locally.
N/A
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CONTENTS
Section / Subject / Applies to1.1 – 1.3 / Background and Desired Outcomes / All
1.4 – 1.10 / Application & Mandatory Actions / All staff involved in the Incentives and Earned Privileges (IEP) Scheme.
1.11 / Resource Impact / All staff involved in the IEP scheme.
2.1 – 2.10 / Operating Instructions / All staff involved in the IEP scheme.
3.1 – 3.2 / Guidance / All staff involved in the IEP scheme
Annexes A and B / Compact Template and Guidance / All
1.Background
1.1The Custody Compact is an initiative that is in line with policy flowing from the Prison Policy Update paper of January 2008. The Compacts were developed to:
- ensure offenders had absolute clarity over expectations upon them from the start of their sentence, community order, licence period or unpaid work placement;
- ensure offenders understand what they can expect of NOMS;
- ensure the whole NOMS Agency has a consistent template for Compacts, rather than the current variety in operation across the estate.
Desired outcomes
1.2The implementation of a standard Custody Compact ensures offenders are clear as to what is expected of them during their time in custody. The Compact also outlines what the offender can expect to receive from the Service.
1.3In addition to providing a level of clarity over these responsibilities on offenders, the Compact aims to ensure that there is a consistent Compact format across the National Offender Management Service (NOMS).
Application
1.4All staff involved in the commencement of an offender’s engagement with the Incentives and Earned privileges scheme must read all sections of this Instruction. This does not apply to Juvenile establishments operating the Rewards & Sanctions scheme.
1.5All operational staff must read the Compact Template at Annex A and the Guidance document at Annex B.
Mandatory actions
1.6All establishments must replace existing local Compacts used at initial reception/induction with the new template attached at Annex A.
1.7If existing compacts which are more specific to a particular area (i.e. drugs compact), have some listed principles/expectations that are similar to some of those on the new Custody Compact, these must be removed from the existing compact, where possible, to avoid duplication.
1.8Staff must ensure the Custody Compact is seen, understood and signed by all new offenders from the point of implementation. If an offender refuses to sign, it must be recorded on the Compact that the offender has seen and understood it. The prisoner must receive a copy of the Compact.
1.9Where required, a translated version of the compact must be made available to offenders.
1.10The Custody Compact must be forwarded with the offender on transfer to another establishment.
Resource Impact
1.11 The use of the compact itself at induction does not have ongoing resource implications as it directly replaces an existing Compact. There are, however, some start-up tasks that would require some staff time. These are:
-Replace the existing behavioural compact with the new template.
-Amend any other compacts where there are duplicated expectations.
2.Operational instructions
Instructions
2.1Currently all prisons have a compact which is linked to the IEP scheme. The current range of formats and content is broad, which does not support consistency across NOMS. The new Custody Compact directly replaces these as the overarching behavioural compact.
2.2Some locally developed compacts will have expectations over and above those on the new Compact template. For example, in-cell TV compacts outline expectations directly relating to having this privilege. There are also education compacts, resettlement compacts, employment compacts amongst others. The new Custody Compact does not directly replace these, but sits above them as the High Level general set of expectations. Where other more specific compacts repeat some of the expectations on the Custody Compact, they will have to be revised to ensure no duplication. The new Custody Compact should be the only place where these high level expectations are listed. The structure of Compacts is as follows:
2.3All other Compacts should refer to the Custody Compact. For example, “In addition to the expectations outlined in the Custody Compact, the following requirements also need to be adhered to.”
2.4The Guidance document at Annex B is non-mandatory. However, the document does give recommendations about further integration and re-enforcement of the Compact at key stages in an offender’s sentence.
2.5The Custody Compact can be downloaded through QUANTUM from the Offender Assessment and Management Group’s community site and is available in a number of foreign languages.
Issues to Consider
2.6As the implementation for the new Compact is for all new offenders, there will be some offenders on the old approach and others on the new system. The core messages with the new and existing Compacts are the same so this should not present too much of a problem. However, if challenged, it would help to re-assure that the new approach does not entitle offenders to more or less opportunity or restriction. It only seeks to clarify the general responsibilities of all offenders.
2.7For prisoners who have been identified as having a learning difficulty, mental health issue or a hidden disability (i.e. Autistic Spectrum Disorder), or have issues associated with being elderly (i.e. dementia), it may be necessary to amend the text of the standard compact accordingly to ensure they are not punished for things they are simply not able to do. For further guidance please refer to PSO 2855 – Prisoners with Disabilities.
2.8The Incentives and Earned privileges Scheme – PSO 4000, which is inextricably linked to Custody Compacts, states: “Governors should ensure that the local scheme does not penalise behaviour which is the direct consequence of a disability, particulars needs, or age. Provision must be made for those with limited or no ability to read English (not only foreign nationals), and it is good practice to ensure that the IEP scheme is clearly explained to such prisoners.”
2.9If an offender refuses to sign the Compact, there is no legal position where this would lead to the denial of minimum statutory entitlements. This has been the case with all other Compacts also. It is the compliance or otherwise of an offender that dictates action positively/negatively, not the signing or not of the Compact. That said, the process of ensuring offenders understand the general responsibilities and signing the Compact to effectively say “I understand” is important, and must still be pursued, as we would with any other Compact.
2.10If an offender transfers to another establishment, the Compact should follow them. As part of the induction at the receiving prison, the offender can be reminded of the Compact signed, and that it continues to apply. If a signed Compact has not arrived with the offender, a new version will need to be signed on induction.
3.Guidance
3.1Non-mandatory guidance is attached at Annex B.
3.2Further guidance is contained in PSO 4000, “Incentives and Earned privileges Scheme”, which underpins the Custody Compact approach.
Michael Spurr
Chief Operating Officer
Annex A
Custody Compact
Name: / Prison number:Date of Birth: / Establishment:
The Custody Compact sets out your responsibilities and the benefits you may receive if you meet those responsibilities. It also tells you what will happen if you do not comply with the compact.
The aim of the compact is to help you understand your responsibilities and make the most of the opportunities and earned privileges available in custody, to help you avoid re-offending when you are released. It will make the prison a place where there is respect between prisoners and staff.
We expect you to:
Keep to prison rules, and not do anything that will get you placed on adjudication.
Follow instructions given to you by staff.
Keep to the prison’s Incentives and Earned Privileges policy.
Address your offending behaviour, where applicable, by actively taking part in your sentence planning or any other work staff identify that you need.
Not to commit any further offences in prison
Not use drugs (except those prescribed to you by the doctor), and not to make or use alcohol.
Be responsible in your actions, be polite and treat all prisoners and staff with respect; listen to others’ points of view. Not be abusive, aggressive or violent to others and not swear or shout at other people.
Follow the prison regime and participate fully with it; be ready in good time for work, be in your cell in good time for lock-up, take up work opportunities offered to you, and where necessary, attend for drug testing, interviews etc when required.
Work hard and use your time constructively.
Take responsibility for your behaviour and for your progression through your sentence.
Be involved in discussions about your progress.
We will:
Treat you with respect, and provide you with support to help you keep to the compact.
Encourage you to address your offending behaviour and provide as much support as possible to help you to do that.
Make time, where possible within the daily routine, to listen to you and try to understand your needs, and help you deal with questions or problems you have.
Take seriously any genuine complaints you have, and try to deal with them appropriately.
As part of this compact, you will:
Be part of the Incentives and Earned Privileges scheme (IEP). This gives you the chance to earn extra privileges, which might include (depending on the prison): extra visits, wearing your own clothes, higher rates of pay, access to more private cash, extra gym sessions.
Have the opportunity to be considered for any training courses that are specifically linked to employment on release.
Failure to abide by the compact or to observe the terms of this compact means:
There are privileges you will not be able to earn and you may still lose some standard privileges (such as in-cell TV) if your behaviour is not acceptable.
You will not be eligible for certain training courses that are specifically linked to employment on release.
You are expected to behave well in prison. If your behaviour is considered to be poor – such as not following prison regime, being disrespectful to staff or prisoners, breaking prison rules – you may be subject to disciplinary action (such as adjudications) and this can affect opportunities such as release on temporary licence, early release, parole and so on.
During your sentence you will be asked to read, sign and comply with other compacts that are to do with certain programmes, interventions and privileges. These compacts will have a set of different expectations you must follow as well as (not instead of) the expectations on this Custody Compact.
This Compact is a voluntary agreement between you and the prison/YOI. You do not have to sign it to gain access to the benefits it offers. However, if you fail to comply with the terms of the Compact you may be subject to the action outlined above.
I understand this compact and agree to the terms and conditions:
Prisoner signature:……………………………………………………………………..
Induction Officer/Offender Supervisor signature:
………………………………………………………..
Date:………………………………………………………………………………………………..
PSI 28/2010issue date30 03/10
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ANNEX B
Guidance for the Use of the
Custody Compact
Overview
The aim of the Custody Compact is to bring a level of consistency into how we outline the expectations of offenders whilst in custody and our commitment to them. It replaces all locally produced induction compacts and should be delivered to ensure clarity and understanding. The Custody Compact demonstrates that there are a common set of principles that enforce the responsibilities of each offender.
The compact document must not be modified as this will undermine the consistency we are aiming to achieve.
Compact Integration
The Custody Compact outlines the generic expectations of all offenders. There are a number of other Compacts in relation to programmes and interventions, in-cell TV etc. These are necessarily more specific to the activity or privilege they relate to. The Custody Compact is the “core” Compact, and it reflects other compacts in the wording, although does not specifically list all others.
No other compact can replace or be considered the “core” compact. The “core” compact must be used, and other compacts can underpin this as necessary.
The final page of this guidance is a Compact Process Map that clearly outlines the key areas within prison that the Compact can be built in to reinforce the key messages.
Induction
The compact is to be incorporated into the induction process; it must be explained and signed at this point. However establishments must take into account the ability of the individual to understand prior to signing. Utilising staff or prisoner representatives at a more appropriate time soon after is accepted. The signature of the induction officer or Offender Supervisor represents NOMS commitment to the compact and is undertaken on behalf of the Governor. The compact will be available on the intranet in other languages and large print for staff to access when required.
The Compact should not be placed at the back of the induction information packs as there is a significant amount of information for offenders to digest at this stage, and the content of the compact could be overlooked. It should be at the front of any inductions pack or separate altogether.
IEP Reviews
Those conducting IEP reviews should ensure that the principles of the compact are reiterated. Any movement through the IEP scheme should be based on their compliance to the compact in its entirety. It is advisable that this is evidenced within the review process to aid credibility with the prisoner and external agencies.
E.g. Prisoners who behave well at work or on the unit but deliberately disengage with agreed sentence plan targets cannot expect the privileges of enhanced status. It is important to demonstrate to the prisoner and the public that compliance, privileges and behaviour are simultaneously managed and given the appropriate level of importance within our establishments.
Adjudications
Staff who manage the adjudication process are expected to ensure that the compact principles are reiterated once a charge has been proven. This can either be introduced as part of the behaviour report during the adjudication process or on the conclusion of the hearing. Whichever avenue is chosen, staff should ensure that prisoners understand their responsibilities and allow them to re-read the compact if requested.
Establishments that have the facility to separate prisoners who have been removed from the residential units are advised to build any behaviour or reintegration programmes based on the compact.
Behaviour Management Systems
Staff managing prisoners via violence reduction and anti social behaviour systems are advised to integrate the principles of the compact. This can be demonstrated and evidenced when delivering programmes or arranging behaviour management meetings. It is recognised that individual behaviour compacts will continue for those who require specifics surrounding their behaviour management. However this compact is aimed at replacing general behaviour compacts developed locally to support its consistent approach.
Sentence Planning
As offender supervisors it is recognised that this role brings with it the requirement and ability to positively engage offenders in their sentence plan. This motivational aspect of the role will be an essential avenue for offender supervisors to reinforce the compact during structured reviews and general discussions with the offender as necessary. It is advisable that any decisions surrounding an offender’s progression through their sentence should make reference to their compliance to the compact and evidenced accordingly.
Pre-Release
Pre release checks, programmes or interviews should ensure that an acknowledgement or advice regarding their compliance to the compact is highlighted and evidenced.
Offender supervisors should ensure that compliance information is evidenced and transferred to the Offender Managers within the review process prior to release. It is advisable at this point to inform offenders who are to be released under probation supervision that they will be expected to adhere to a similar compact whilst under licence conditions.
PSI 28/2010issue date30 03/10
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Introducing and reinforcing the expectations within the Custody Compact whilst in custody