policy-ppcs-annex-b.doc

Breach of standard licence conditions 78 if the hdc

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Breach of Standard Licence Conditions 7.8 If the HDC offender has breached the standard conditions of their licence, instead of recalling for breach of curfew conditions, the offender manager may request the offender’s recall by completing the Request for Recall & Risk Management Report ( Annex A ) and submitting it to the HDC Recall Team in PPCS. 7.9 Where an offender on HDC has been recommended for fixed term recall, PPCS will take into account the number of days remaining until the offender’s automatic conditional release date. Where there are 28 days or fewer until this date is reached, fixed term recall will be considered (under s254 CJA 2003). Otherwise, PPCS will consider recall under the HDC recall provisions detailed at 7.1 above (s255 CJA 2003), under which the offender would remain in custody until the automatic conditional release date. This is to maintain the integrity of the HDC release provisions and policy, whereby any breach of licence conditions during the HDC period means that the offender is either precluded or presumed unsuitable for release on HDC in future. 8 Rescind of Recall Decision 8.1 PPCS on behalf of the Secretary of State can consider rescinding a recall decision. This will generally only be done where the recall decision was based on erroneous information. 8.2 A rescind of recall request must be made, in writing and giving full reasons, by Assistant Chief Executives or equivalent and where possible should be submitted before the offender is returned to prison custody . Rescind applications made after an PSI 17/2013-PI 07/2013-AI 09/2013 UNCLASSIFIED IS- SUE DATE 11/07/2013
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UNCLASSIFIED PAGE 22 offender’s return to prison custody will only be considered in exceptional circumstances. 9 Further charges 9.1 Recall can be requested where the offender is suspected of re-offending; there need not be a criminal charge or conviction as recall is based upon an offender’s behaviour whilst on licence and not upon a further conviction. Consideration should be given to: If the suspected behaviour is similar to previous offending; If the suspected behaviour reflects a pattern of entrenched offending; If the suspected behaviour constitutes an escalation in risk of harm. 10 Pre Departure Check Scheme (PDCS) 10.1 Separate recall arrangements apply under the PDCS to stop relevant offenders leaving the country and forms part of the Protect arm of the Government’s CONTEST strategy. NOMS have agreed that extremists and TACT offenders subject to licence will be part of this scheme due to the nature of the standard licence condition not to travel outside the United Kingdom. Further details of the process can be found in the new probation instruction on extremism. PSI 17/2013-PI 07/2013-AI 09/2013 UNCLASSIFIED IS- SUE DATE 11/07/2013
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UNCLASSIFIED PAGE 23 PART III – PRISON AND RECALL 11 Establishment Responsibilities - Recall Of Prisoners On Home Detention Curfew 11.1 If prisoners released early on Home Detention Curfew (HDC) breach their licence conditions whilst on HDC they are liable to be recalled as set out in Section 7 above.
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