UNCLASSIFIED

Supervision of Young Offenders
This instruction applies to:- / Reference:-
Prisons
Providers of Probation Services / PSI 37/2012
PI 19/2012
Issue Date / Effective Date
Implementation Date / Expiry Date
26 November 2012 / 3 December 2012 / 2 December 2016
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
All prisons
Contracted Prisons*
Probation Trusts
Governors
Contract Managers in Probation Trusts
Probation Trust Chief Executives
*If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons
Instruction type / Service improvement / Legal compliance
For information / Offender Supervisors, Staff in YOI / prison establishments dealing with release and recall of prisoners, Probation staff, social workers or Youth Offending Team members dealing with the supervision of young offenders on licence.
Provide a summary of the policy aim and the reason for its development/revision / The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 contains provisions which amend and consolidate previous legislation relating to the release and recall of prisoners. These come into effect on 3 December 2012.
Part of this relates to the legislation governing the supervision of young offenders on release. The LASPO Act includes provisions which replace, in a slightly modified form, provisions previously contained in section 65 of the Criminal Justice Act 1991 – three months supervision requirement for young offenders released from DYOI or ‘section 91’ sentences. Provision for this is now contained in two new sections – 256B and 256C – inserted in the Criminal Justice Act 2003.
The objective is mainly to simplify and clarify the law in this area by ensuring that the provisions governing the release and recall of determinate sentence prisoners are all contained withinthe 2003 Act. These particular provisions are designed to ensure that young offenders serving less than 12 months continue to receive at least 3 months supervision on release.
Contact / Steve Bailey - Head of Release Policy, Effective Sentencing, Ministry of Justice. - Email: -Tel: 020 3334 5026
Associated documents / Operational Guidance – attached.
PSI 30/2012 – ‘Legal Aid, Sentencing and Punishment of Offenders’ (LASPO) Act 2012 – General summary of release and recall provisions
PSI 40/2012 – ‘Licences and Licence Conditions’
PSO6700 – ‘Home Detention Curfew’
Replaces the following documents which are hereby cancelled: PSO 6000 – ‘Parole, Release and Recall, Chapter 10 – Young Offenders’
Audit/monitoring:Deputy Directors of Custody, Controllers, and NOMS Senior Community Managers will monitor compliance with the mandatory actions set out in this Instruction.

UNCLASSIFIED

UNCLASSIFIED PAGE 1

CONTENTS

Hold down ‘Ctrl’ and click on section titles below to follow link

Section / Subject / For reference by:
1 / Executive Summary / All staff involved in the release and/or recall of prisoners.
1.1 / Background
1.4 / How has the lawchanged?
1.9 / Transitional arrangements
1.12 / Desiredoutcomes
1.13 / Application
1.14 / Mandatory actions
1.18 / Resource impact
2 / Operational Guidance / All staff involved in:
  • Release of prisoners;
  • Recall of prisoners on licence;
  • Supervision of offenders on licence;
  • Enforcement of supervision conditions.

2.1 / Supervision of young offenders after release
2.6 / The supervisionnotice
2.10 / Home Detention Curfew (HDC) and supervision
2.14 / Who is responsible for providing the supervision?
2.15 / Breach arrangements
2.20 / Re-release following breach
Annex A / Copy of the statutory provisions – s256B and 256C Criminal Justice Act 2003

PSI 37/2012 UNCLASSIFIEDISSUE DATE 26/11/2012

PI 19/2012

UNCLASSIFIED PAGE 1

1.Executive Summary

Background

1.1The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 contains provisions which modify, clarify and consolidate the legislation relating to the release and recall of determinate sentenced prisoners. The provisions come into force on 3 December 2012.

1.2These statutory changes include the replacement of provisions previously contained in section 65 of the Criminal Justice Act 1991, which provide for young offenders released from sentences of Detention in a Young Offender Institution (DYOI), or under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, to receive a minimum of 3 months supervision regardless of the length of their sentence.

1.3Section 115 of the LASPO Act replaces section 65 with similar provisions which have been inserted in the Criminal Justice Act 2003 (the aim being to consolidate within the 2003 Act all provisions which relate to the release and recall of determinate sentenced prisoners). The provisions are contained in two new sections in the 2003 Act – 256B ‘Supervision of young offenders after release’ and 256C ‘Breach of supervision requirements’. The provisions are reproduced at Annex A for information.

How has the law changed?

1.4These new sections do not substantially change the position from what it was under s65 – DYOI and s91 prisoners serving less than 12 months must still be issued with a 3 month supervision notice – but there are some important differences to note:

  • The 3 month supervision requirement applies to all DYOI or s91 sentences of less than 12 months but the age of the offender on release is no longer a relevant consideration. That is to say, the supervision period will always be 3 months even if the offender attains the age of 22 during that time. Previously, under s65 the supervision period would run for 3 months or until the offender’s 22nd birthday if that came sooner, so this arbitrary cut-off point no longer applies under the new provisions.
  • Section 65 applied the 3 month supervision requirement in circumstances where an offender was serving more than 12 months, had been released on a normal licence but recalled to serve the rest of the sentence and then re-released at the sentence end date (SED). If the offender was still under 22 at that point, s65 would apply, requiring the offender to be supervised for 3 months from the SED. This is no longer a feature in s256B which applies specifically only to sentences of less than 12 months.

1.5There have also been some changes made to the breach and enforcement provisions, now contained in s256C, which should also be noted:

  • Breaches must be pursued by the supervising officer through the courts, as previously under s65, but breach is no longer a separate criminal offence. The court still has the power, though, to impose either a term of imprisonment or up to a level 3 fine for the breach.
  • The maximum period of imprisonment for breach is 30 days. The maximum custodial sentence under s65 was also 30 days but the difference is that a term of imprisonment imposed under s256C must be served in full (whereas an offender serving a s65 sentence was released at the half-way point). So for example, an offender sentenced to 30 days under s65 would be released after serving 15 days but an offender given 30 days’ imprisonment under new s256C must serve the full 30 days in custody.

1.6This change in the powers of the court and the period to be served for breach brings the provisions more in line with those that apply to offenders who breach a Detention and Training Order (DTO) who also have to serve any term for breach in full.

1.7As before under s65, on release from a term of imprisonment for breach, the offender would only be subject to further supervision if there is any of the original 3 month period still to run. Otherwise, release will be unconditional.

1.8Attached with this instruction is the operational guidance that applies following the implementation of these statutory changes. This replaces the previous instructions on Young Offenders and s65 supervision in Chapter 10 of PSO 6000 - ‘Parole, Release and Recall’.

Transitional arrangements

1.9Where a prisoner has been released before the commencement of these changes on a s65 notice of supervision and subsequently breaches the conditions after 3 December 2012, existing s.65 breach provisions in subsection (6) of that section will continue to apply.

1.10Where a prisoner was released before 3 December 2012 on a s65 notice of supervision and was sentenced under s65(6) to a further term of imprisonment for breach and has not been released before 3 December, there will be no change to the release arrangement that apply to that sentence. That is, because the prisoner is serving a sentence of imprisonment of less than 12 months, release will be unconditional once half the term has been served. However, if there is any of the original supervision period existing then release will still be on the s.65 licence until the end of the supervision period.

1.11The new enforcement powers in s256C, under which prisoners serve the whole of the term for breach in full, only apply in respect of breaches of supervision that occur where the initial release of the offender takes place on or after 3 December 2012.

Desired Outcome

1.12That all releases after 3 December 2012 of prisoners serving DYOI or s91 sentences are dealt with in accordance with the new provisions in the Criminal Justice Act 2003 (as inserted by section 115 of the LASPO Act 2012).

Application

1.13All staff responsible for the release of prisoners serving DYOI or s91 sentences and for their supervision and enforcement of conditions following release, must be aware of these statutory changes and their effect on prisoners’ sentences.

Mandatory Actions

1.14Governors and Contract Managers in Probation Trusts must ensure that all relevant staff are aware of the content of this instruction and Operational Guidance as all prisoners must be dealt with in accordance with the legislation as amended by the LASPO Act 2012.

1.15Prison / YOI staff responsible for the release of prisoners serving DYOI or s91 sentences of less than 12 months must ensure that such prisoners are issued with a 3 month supervision notice in accordance with these instructions.

1.16Probation staff / social workers / YOT members responsible for the supervision of prisoners released on a 3 month Supervision Notice must ensure that, in the event of a breach, the correct enforcement action is taken through the courts in line with the legislation and operational instructions.

1.17Prison / YOI staff responsible for the release of prisoners following a further custodial term imposed for breach of supervision under section 256B must ensure that such prisoners are released when that custodial term has been served in full – and that release is unconditional unless any of the original 3 month supervision period remains extant (or the prisoner is subject to any other sentence or custodial requirement).

Resource Impact

1.18The LASPO Act will not significantly change the requirement for DYOI and s91 prisoners to undergo 3 months supervision where they are not otherwise on licence for at least 3 months, so in this respect the impact on resources should be minimal.

1.19There may be a small increase in the period to be served in custody if a prisoner is given a custodial term for breach of their supervision conditions, because under the previous s65 provisions, the prisoner would be released after serving half that term but under the new enforcement provisions the prisoner must serve the whole of the term imposed. The actual period to be served in each case, though, will be at the discretion of the court – so if, for example, the court considers 15 days in prison to be sufficient for the breach, that is the term it would impose.

1.20Counter to this, however, there will be a reduction in the circumstances in which a 3 month supervision notice will need to be issued.Under s65 it was necessary for a prisoner to be supervised for 3 months from their SED if they had previously been released on licence and recalled – and at the point of re-release was still under the age of 22. The new provisions in s256B apply explicitly only to those serving less than 12 months, so there may be a reduction in the resources required, as supervision notices will no longer be issued in some circumstances where they were previously under s65.

1.21In summary, therefore, the changes may lead to savings in some cases and costs in others which are likelyoverall to cancel each-other out and produce a resource-neutral impact. It is not possible, though, with the data available, to conduct a more sophisticated analysis of the exact impact on prison or probation resources.

(signed)

Digby Griffith

Director of National Operational Services

2.Operational instructions

Supervision of young offenders after release

2.1Section 256B of the Criminal Justice Act 2003, as inserted by section 115 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, requires that young offenders serving sentences of less than 12 months must be supervised for 3 months following their release – even if this goes beyond the end of their sentence. This replaces a similar requirement previously contained in section 65 of the Criminal Justice Act 1991.

2.2The provision applies to all offenders released from:

  • a term of Detention in a Young Offender Institution (DYOI); or
  • a determinate sentence under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (a “s91 sentence”), or
  • a term of detention under section 209 of the Armed Forces Act 2006;
  • and where the sentence is one of less than 12 months.

2.3The Order from the sentencing court will confirm whether the prisoner is serving any of the above types of sentence, so that should be checked if in doubt whether the supervision requirement applies.

2.4On release, such prisoners must be issued with a Supervision Notice that remains in force for 3 months from the date of release.

2.5The provision does not apply to young offenders serving sentences of 12 months or more who will be issued with a normal probation licence for the second half of their sentence.

The Supervision Notice

2.6The supervision notice should contain the same set of standard conditions, plus any additional conditions that may be required in a particular case, as any other post-release licence.

2.7The Governor or Controller of the releasing establishment is responsible for setting the conditions on behalf of the Secretary of State and for considering any subsequent variations requested by the supervising officer.

2.8Guidance on the setting of conditions and the application of additional (non-standard) conditions is contained in the PSI40/2012 –‘Licences and Licence Conditions’.

2.9That PSI also contains the templates that should be used for each of the different types of licence that may be issued following the LASPO Act changes. This includes a template for a 3 month supervision notice under s256B.Establishments must use this template when releasing a prisoner under these provisions.

Home Detention Curfew (HDC) and supervision

2.10Where a young offender serving a DYOI / s91 / s209 sentence of less than 12 months is released early on Home Detention Curfew (HDC), they must be subject both to the curfew conditions (under s246 of the 2003 Act) and the 3 month supervision requirements (under s256B).

2.11The PSI 40/2012 –‘Licences and Licence Conditions’,contains a template to be used in such cases, which combines the HDC conditions and supervision conditions in a single licence.

2.12The supervision conditions will apply from the date of release on HDC until 3 months from that date and the template provides for the expiry date of the supervision to be inserted.

2.13The HDC period for under 12 month sentences will always be less than 3 months (because the offender must serve at least a quarter of the sentence before release on HDC) so the curfew conditions will expire before the supervision requirement. Again, the licence template provides for the HDC expiry date (at the half-way point of sentence) to be inserted separately to the expiry date for the supervision.

Who is responsible for providing the supervision?

2.14Section 256B provides that a prisoner released on a 3 month supervision notice will be under the supervision of:

  • An officer of a provider of probation services;
  • A social worker of a local authority, or;
  • If the offender is under the age of 18 years at the date of release, a member of the youth offending team.

Breach arrangements

2.15If a young offender fails to comply with the conditions in the supervision notice, they may be taken to court under the provisions of s256C CJA 2003. If under the age of 18 this will be to a youth court or, if over 18, it will be a magistrates’ court.

2.16The supervising officer must provide information about the breach to the court and where it appears to the court that the offender has failed to comply with the requirements of the supervision notice, the bench may either issue a summons for the offender to appear or (if the information supplied is in writing and on oath) may issue a warrant for the offender’s arrest.

2.17If it appears to the satisfaction of the court that the offender has failed to comply with the requirements of the supervision notice, the court may order the offender to be detained (in prison or youth detention accommodation) for up to a maximum of 30 days, or impose a fine not exceeding level 3 on the standard scale.

2.18The offender may appeal to the Crown Court against any order made by the Magistrates’ / Youth court.

2.19Where a young offender is subject both to HDC and a supervision notice, the respective enforcement provisions will apply – that is, for breach of the curfew conditions recall should be sought under s255 CJA 2003 (as for any other HDC breach) and breach of the supervision conditions would be pursued through the courts under the above arrangements provided for in s256C.

2.20Where an offender who has been released subject both to HDC and 3 months’ supervision is given a further custodial term by a court for breach of the supervision conditions, the supervising officer should also seek to have the HDC licence revoked (under s255(1)(b) CJA 2003) for ‘inability to monitor’ – as the custodial term imposed for the breach will mean the offender can no longer be electronically monitored in the community. This type of recall will also mean that, once the term for beach has been completed, the offender would be able to apply to be re-released on HDC if still within the HDC period at that point.

Re-release following breach

2.21Where a court has imposed a term of detention for breach of the supervision requirements, the offender must serve the whole of that term in custody (there is no early release provision for this type of imprisonment).

2.22Release at the end of the term is unconditional unless there is any of the original 3 month supervision period still to run, or where the offender is subject to another sentence or custodial requirement. A fresh 3 month supervision notice should not be issued following release from a term for breach – the supervision period will always expire 3 months from the date of the original release.

2.23Further guidance on how to calculate the release dates for terms imposed under these provisions – and how such terms are to be calculated when combined with other sentences – is contained in the PSI 39/2012–‘Sentence Calculation’.