Managing Terrorist and Extremist Offenders in the Community
This instruction applies to / Reference
NOMS HQ
National Probation Service / AI 13/2014
PI 10/2014 (Version for MOJ Website for Reference only)
Issue Date / Effective Date
Implementation Date / Expiry Date
27 January 2015
(Re-Issue) / 1June 2014 / 31 May 2018
Issued on the authority of / NOMS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions
NOMS HQ
Heads of Groups
National Probation Service (NPS)
Community Rehabilitation Companies (CRCs)
NOMS Rehabilitation Contract Services Team
Other Providers of Probation Services
Instruction type / Service specification support/service improvement
For information / All HQ, Community Rehabilitation Companies, NOMS Account Managers, Public Sector Prisons and Contracted prisons staff and contractor staff and workers within NPS and CRCs.
Provide a summary of the policy aim and the reason for its development / revision / This Probation Instruction aims to ensure that those offenders who have committed offences of terrorism, included in Schedule 15, or terrorism related offences or whose offences are linked to other forms of extremism, or who are vulnerable to engagement in forms of extremism are correctly identified, assessed and managed within offender management and, where appropriate, under MAPPA.
This Probation Instruction captures the many developments in the area of extremism that have taken place in the past two years and are designed to support the work of frontline staff in their work with extremist offenders and other agencies. The instruction also reflects changes within the Government’s CONTEST strategy, specifically including more direct reference to extreme right wing offenders and takes account of the new operational landscape for the delivery of probation services.
Contact / Al Reid
Head of Dangerous Offenders Section
Offender Management and Public Protection Group – NOMS

tel: 03000474524
Associated documents / PC08/2008 Offender Management Model Implementation Rules and Guidance for Tiering Cases
PI 11/2014- LicenceConditions and Temporary Travel Abroad
PI 15/2014 – AI 15/2014- Serious Further Offences
Chapter 24 MAPPA Guidance2012
PI 27/2014 - PSI 30/2014 - AI 22/2014Recall Review & Re-release of Recall Offenders
PI 56/2014 - PSI 40/2014 Mandatory Use of ViSOR
PI 06/2013 The Registration and Management of Critical Public Protection Cases
PI 57/2014 - PSI 41/2014Process for CRC’s to refer cases for Review/Risk Escalation Review.
PI 05/2014 - PSI 14/2014 - Case Allocation
PI29/2014 - PSI 31/2014 - Post-Sentence Supervision Requirements
PSI 18/2014 Licences, Licence Conditions and Polygraph Examinations
PSI 14/2013 Pathfinder – Restricted
PSI 43/2011 Reporting Extremism
AI 18/2014, PSI 24/2014, PI 18/2014 Information Assurance Policy
Prevent Operational Guidance for Community Rehabilitation Companies
The Target Operating Model
NOMS Account Management Manual
The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012
Operational Guidance on the Application of the Offender Management Model to High Risk of Serious Harm
Replaces the following documents which are hereby cancelled: PI 05/2013Managing Terrorist and Extremist Offenders in the Community
Audit/monitoring:The Director of NPS in England, Director of NOMS in Wales will monitor compliance with the mandatory requirements in this instruction.
NOMS contract management will hold providers to account for delivery of mandated instructions as required in the contract.
Introduces amendments to the following documents: None
Notes: Re-Issue 23 January 2015 – Instruction reference numbers have been updated throughout this document.
All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

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PAGE 1

CONTENTS

SECTIONS 1 – 7 ARE CLASSIFIED AND NOT AVAILABLE IN THIS VERSION
Section / Subject / Is relevant to:
1. / Executive Summary / Senior Managers in Prisons, and the NPS.Those with case management and transfer responsibilities in CRCs. All NPS staff involved in the management of terrorist/extremist offenders
2. / Operational Instructions / All NPSstaff with responsibility for courts, offender management, case administration and MAPPA. CRC staff with responsibility for case management and transfer arrangements.
3. / Assessment / All NPSstaff with responsibility for courts, offender management, case administration and MAPPA
4. / Offender Management / All NPS staff with responsibility for courts, offender management, case administration and MAPPA. CRC staff with responsibility for case management and transfer arrangements.
5. / Joint Working between MOJ and Home Office / All NPS staff with responsibility for courts, offender management, case administration and MAPPA
6. / Health and Safety / All NPS staff with responsibility for courts, offender management, case administration and MAPPA
7. / Policy and Strategic Context / All NPS staff with responsibility for courts, offender management, case administration and MAPPA
ANNEX A
Guidance Annex’s / Terrorist Offenders / All NPS staff with responsibility for the management of TACT and extremism cases
ANNEX B / Storing and Managing Info:
TACT / Domestic Excessive Offenders / All NPS staff with responsibility for the management of TACT and extremism cases
ANNEX C / Counter Terrorism Act 2008 / All NPS staff with responsibility for the management of TACT and extremism cases
ANNEX D / The Role of NOMS Offender Management and Public Protection Group / All NPS staff with responsibility for the management of TACT and extremism cases
ANNEX E / The Job Specification for Probation Counter Terrorism Leads / All NPS staff with responsibility for the management of TACT and extremism cases
ANNEX F / Prevent Operational Guidance for CRCs / NPS staff, all CRC staff and NOMS Account Managers.

Section 1 – 7

These sections are for NPS and prison staff only.They are protectively marked ‘Official Sensitive’ as per AI 10.2014 - PSI 12.2014 - PI 04.2014 Government Secure Classification Policy. These sections will be made available to the successful CRC bidders after the contracts have been awarded.

Annex A

Terrorist Offenders

a)One of the offences charged is indictable only and it is alleged by the prosecution that there is evidence that it took place during an act of terrorism or for the purposes of terrorism as defined in s1 of the Terrorist Act 2000. This may include, but is not limited to:

  1. murder
  2. manslaughter
  3. an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent)
  4. an offence under section 23 or 24 of that Act (administering poison etc) an offence under section 28 or 29 of that Act (explosives)
  5. an offence under section 2,3 or 5 of the Explosive Substances Act 1883 (causing explosions)
  6. an offence under section 1 (2) of the Criminal Damage Act 1971 (endangering life by damaging property)
  7. an offence under section 1 of the Biological Weapons Act 1974 (biological weapons)
  8. an offence under section 2 of the Chemical Weapons Act 1996 (chemical weapons)
  9. an offence under section 56 of the Terrorism Act 2000 (directing a terrorist organisation)
  10. an offence under section 59 of that Act (inciting terrorism overseas)
    offences under (v), (vii) and (viii) above given jurisdiction by virtue of section 62 of that Act (terrorist bombing overseas)
  11. an offence under section 5 of the Terrorism Act 2006 (preparation of terrorism acts)

b)One of the offences charged is indictable only and includes an allegation by the prosecution of serious fraud that took place during an act of terrorism or for the purposes of terrorism as defined in s1 of the Terrorist Act 2000 and meets the test to be transferred to the Crown Court under section 51B of the Crime and Disorder Act 1998.

c)One of the offences charged is indictable only includes an allegation that a defendant conspired, incited or attempted to commit an offence under sub paragraphs (1) a) or b) above.

d)It is a case (which can be indictable only or triable either way) that a judge considers should be a terrorism case. In deciding whether a case not covered by the paragraphs above should be a terrorism case, the judge may hear representations from the Crown Prosecution Service. This allows the judge quite a wide discretion to decide that a particular offence falls within the category of a terrorism case.

MAPPA Eligible offences Schedule 15 Criminal Justice Act 2003, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Terrorist legislation offences

An offence under section 54 of the Terrorism Act 2000 (weapons training).
An offence under section 56 of that Act (directing terrorist organisation).
An offence under section 57 of that Act (possession of article for terrorist purposes).
An offence under section 59 of that Act (inciting terrorism overseas).
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c.17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons).
An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).
An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate).
An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts).
An offence under section 6 of that Act (training for terrorism).
An offence under section 9 of that Act (making or possession of radioactive device or material).
An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc).

Annex B

Please read in conjunction with AI 18/2014, PSI 24/2014, PI 18/2014 Information Assurance Policy

Storing and Managing Information: TACT/Domestic Extremist Offenders

The NPS must have in place local procedures and Codes of Practice, in support of the storage and management of NOMS assets, which must provide detailed information relating to information security and network monitoring. These should include where material is stored and shared with partner agencies. In addition to these policies the NPSshould ensure that material relating to extremist offenders is stored and managed in line with the following guidance.

Correct information storage and management is an important issue for all records, but in the case of those offendersconvicted of a terrorist offence or where evidence of extremism is present or suspected, it is more likely that some of the information may be of a sensitive nature. This may be because it is unproven, because of potential risk to the source of the information should it be divulged, or because knowledge of those suspicions by the offender may compromise police operations. Therefore, if staff are provided with information from other agencies or from the offender their families or associates, there may be a need in some instances to follow certain procedures about its storage and management. The nature of the information will also determine the extent to which issues raised can be dealt with openly in supervision with the offender.

Whenever a piece of information about a terrorist offender or Domestic Extremism is received, from any source, a specific judgment about how to store, share and manage it must be made every time. This is because some information received may be sensitive, or be inappropriate to share with the offender or placed on widely accessible systems. This may be to protect the source of that information, the process by which it has come to light, or its relationship to police activities.

Entering Information on TACT/Domestic Extremist Offenders onto Case Management Systems

Official

As a general rule, this can in most cases be entered in full directly onto a NOMS-accredited case management system with the caveat that anything which might risk the offender’s or another person’s safety, should not be entered unless access to the electronic record are managed by “limited access”. Examples of this type of information are:

  1. Information from Court papers/ adjudications procedures/ P-Nomis
  1. Where the direct source of the information is the offender and is about their own thoughts and behaviour.
  1. Information where the source or process by which it has been received does not need protection.

4. Extremism Risk Guidance (ERG) and Extremism Risk Screening (ERS) should always be written with the intention of sharing the document with the offender. In those cases where the report relies upon information that should not be disclosed to the offender then a sanitized version should be prepared or if this is not feasible the document should be marked OFFICIAL SENSITIVE and stored in the non disclosure section of the case records.

Official Sensitive

If information has an OFFICIAL SENSITIVEprotective marking then this information should be recorded and stored in the non disclosure section of a paper file or electronic record. An example of a generic contact on the case management system could be worded

‘Not to be disclosed to the offender. Information received, refer to non disclosure section of file.’

The type of information with regard to Extremism that should be marked as OFFICIAL SENSITIVE is:

  1. Contact or information from any member of staff with a specific role in counter terrorism (be that police, prison or probation colleagues) should not be referred to as such in electronic systems and the details of that contact retained in confidential sections.
  1. External sources providing information such as family members, other agency staff etc should be asked where possible how far they feel comfortable with that information being shared. If this cannot be ascertained, then the default position is to treat the information as confidential and record it accordingly.
  1. Minutes or details from Pathfinder, MAESM or Channel meetings.

OFFICIAL SENSITIVE

If information has a protective marking of OFFICIAL-SENSITIVE it may be held on NPS networks accredited for this classification of information but stored in the non-disclosable section of an offender record. It must not to be sent by email to a non GSI/CJSM account.Access to records must be limited to nominated individuals only.

MAPPA Eligible cases - ViSOR is a currently graded as a confidential system. At the time of writing the police had not completed a new security assessment to ensure compatibility with the new protective markings. It is unlikely that the system will be re-graded lower than OFFICIAL SENSTITIVE.

OASys

When completing OASys assessments, Sentence Plans and Risk Management Plans it is best practice to be as transparent and open with the offender as possible. However, when dealing with Extremism issues, decisions will have to be made with each piece of information as to how to record this on OASys assessments.

OFFICIAL

Information that can be entered directly onto Probation Case Management Systems can be used openly within other assessments, including OASys. When this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision

OFFICIAL SENSITIVE

If information has an OFFICIAL SENSITIVEprotective marking then this information should be recorded and stored in the confidential section of the OASys record. It should not form part of the Sentence Plan or Risk Management Plan.

When this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision.

Staff should be reassured that where the concerns cannot be addressed directly with the offender, monitoring and sharing of information with police colleagues constitutes a defensible action, providing the reasoning for the course of action is recorded in the confidential section of the file. The nature of the information may also require no further action, though again, reasoning should be recorded.

If the information received is marked OFFICIAL_SENSITIVE and of a covert nature, the NPS must confirm with the information owner the consequences for future storage and management. The owner will need to determine if this protective marking is correct and may wish to re-grade it as SECRET. Whenever a piece of information or document is being considered for a protective marking of SECRET, it is important to seek advice as to particular handing and storage requirements from the Head of Extremism. Documents marked as secret can not be stored on the Probation Case Management System and it cannot be used in writing within the OASys assessment, or sentence plan.

Covert information should not be stored or recorded within the confidential systems of OASys. Instead, contact logs, records of actions and decisions taken should be kept in paper form within the confidential section of the file marked ‘not to be disclosed to offender’.

However, when this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision. It is likely that such cases will be rare within NPS regions, and staff should seek support in the management of these cases from managers or specialist staff.

In the event that a full Extremism Risk Guidance (ERG) assessment is thought to be required on a case, where the information is exclusively covert, this should be referred to a manager with the brief for Extremism in the region, or from National leads in NOMS.

Staff should be reassured that where the concerns cannot be addressed directly with the offender, monitoring and sharing of information with police colleagues constitutes a defensible action, providing the reasoning for the course of action is recorded in the confidential section of the file. The nature of the information may also require no further action, though again, reasoning should be recorded.

As a principle all electronic records should be restricted access for only those staff involved directly with the management of the case. This should include case management systems, offender word files and OASys. As a minimum this should include the Team Manager, Supervising Officer, MAPPA Chair (if relevant), and the regional NPS Extremist SPOC.

Annex C

Counter-Terrorism Act 2008 – Notification Requirement

  • The Act received the Royal Assent on November 26th 2008. Among other provisions, the notification requirement was implemented in October 2010.

Eligible Offenders

An individual will be eligible for the notification scheme if they have committed a relevant offence, namely:

  • An offence contained within Sections 41 and 42 of the CTA2008.
  • s41 lists offences already contained within legislation
  • s42 enables a Court to determine whether offence listed in Schedule 2 of the Act had a ‘terrorist connection’
  • Section 42 cannot be applied retrospectively and Courts will only be able to make this determination when passing sentence after 1st October 2009.

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