Prison Service Order

ORDER

NUMBER
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
14/06/2010 /
PSI 34-2010 – Replaces Annex I and para 5.17.8
13/08/07 /
PSI 29-2007 – Adds Para 5.17.8 and new annex I
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 Scheme
23/01/03 /
PSI 03-2003 - Increase in HDC
05/08/02 /
PSI 39-2002 - Extension of HDC
01/05/02 /
PSI 19-2002 - Changes to HDC Policy
01/03/01 /
PSI 09-2001 - Home Detention Curfew
12/01/00 /
PSI 02-2000 - Home Detention Curfew
23/07/99 /
PSI 63-1999 – HDC – Annex to 6700
14/01/99 /
PSI 03-1999 – Recall to Prison
14/01/99 /
PSI 02-1999 - Home Detention Curfew
26/10/98 /
PSI 56-1998 – Home Detention Curfew
10/07/98 /

PSI 31-1998 – HDC – Funding & Planning

Order Ref. No. 6700Contents, 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 (accommodationand support services for Bail and HDC)
[Annex I replaced 14/06/2010 to conform with PSI34/2010]

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.
  • 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 7.0, 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 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.

Order Ref. No. 6700Chapter 1, Page 1

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 telephone 0207 217 6370 or 6451.

Order Ref. No. 6700Chapter 2, Page 1

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.

2.1General

2.1.1Most 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.

2.1.2The 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.

2.2Statutory exceptions

2.2.1Under 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 9.10).

(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;

(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);

2.2.2Fine 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).

2.3Prisoners previously recalled to custody

2.3.1In 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.

2.4Sex offenders

2.4.1Individual 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.