policy-ppcs-annex-b.doc

In detailing the breach and its circumstances you

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In detailing the breach and its circumstances, you must show the deterioration in behaviour/compliance, which leads you to assess whether the risk of serious harm, or re- offending, has increased to an unacceptable level. Whilst the seriousness of the breach is a factor, its importance lies in how it demonstrates the breakdown of supervision and increasingly risky behaviour of the offender. Indeterminate offenders: it is important to evidence the deterioration in behaviour/compliance, which leads you to assess that there is an increased risk of serious harm. Invariably this will mean the indeterminate offender has met one or more of the following criteria: Demonstrated behaviour that is similar to behaviour during the index offence or pre- vious offending, i.e. that there is a causal line between the previous and current be- haviour(s); OR PSI 17/2013-PI 07/2013-AI 09/2013 UNCLASSIFIED IS- SUE DATE 11/07/2013
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UNCLASSIFIED PAGE 76 Demonstrated behaviour that is likely to give rise or does give risk to a sexual or vio- lent offence, for example the offender’s risk factors are evident in their current be- haviour, such as alcohol or drugs use; OR Demonstrated behaviour associated with the commission of a sexual or violent of- fence, or which suggests an escalation of the offender’s risk of harm; OR Risk of harm can no longer be effectively managed in the community; OR Is out of touch with probation and the assumption can be made that any of the above may arise or that it is not possible to measure the offender’s current risk of harm. If one or more of the above criteria for recall have been met, consideration must be given to whether the offender’s risk can continue to be safely managed in the community. If the conclusion is that it cannot, this needs to be clearly explained in the report. It should be noted that a risk of general re-offending or poor compliance with licence conditions, in the absence of evidence of an increased risk of serious harm, is not in itself sufficient to initiate recall action. However, there will often be circumstances where there is a clear causal link between general (ie non sexual/violent) re-offending or non-compliance and the potential risk of harm. Where this link can be established, recall should be considered. Where compliance with a life licence has broken down completely (for example where he has disappeared or there are repeated breaches so as to render effective supervision impossible) recall will normally be appropriate. Detail of the level and frequency of supervision to which the offender is subject and the level of compliance, is important in all cases but especially in indeterminate cases. Alternative actions to recall: details of any alternative actions to recall that have been taken to secure compliance must always be included, such as previous warnings issued or previous recalls, and the licensee’s response to those. Equally, where alternative action to recall has been considered and dismissed before deciding to request recall, full details must be given. Mention if consideration has been given or discussions have taken place as
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