London Probation Trust

Transcription

1 London Probation Trust Bench Guide to Community Sentences June 2013 London Probation Trust 1

2 Introduction Welcome to the London Probation Trust Bench Guide to Community Sentences. This is the fifth edition of the Bench Guide, which has received positive feedback since its first publication in The guide has been compiled for use by all sentencers and legal advisers, and details the sentencing options available through London Probation Trust. It does not, however, cover provision for the under 18s. This guide does not purport to be an authoritative guide to the law but represents the views of London Probation Trust and the National Offender Management Service. It does not seek to be a substitute for the definitive guidelines of the Sentencing Council. I hope you will find the Bench Guide a useful resource. We welcome any feedback you may have please contact us via any of the methods detailed at the end of the guide. Heather Munro Chief Executive London Probation Trust London Probation Trust 2

3 Contents Pre Sentence Report... 4 The Community Order and its Requirements... 8 Suspended Sentence Order Activity Requirement (also known as Specified Activity Requirement SAR) Alcohol Treatment Requirement Attendance Centre Requirement Curfew Requirement Drug Rehabilitation Requirement Exclusion Requirement Mental Health Treatment Requirement Programme Requirement Prohibited Activity Requirement Foreign Travel Prohibition Requirement Residence Requirement Supervision Requirement Unpaid Work Requirement Breach of a Community Order Court Bail Information Scheme Women Offenders Victims Appendix A: Offender Assessment System (OASys) Appendix B: Specified Activities Available from London Probation Trust Appendix C: Programmes Available from London Probation Trust Appendix D: Acronyms Appendix E: Communication with London Probation Trust Visits to London Probation Trust Contact Details London Probation Trust 3

4 Pre Sentence Report Purpose To provide information to the sentencing court about the offender and the offence committed, and to assist the court to decide on a suitable community-based or custodial sentence. A Pre Sentence Report will only be prepared once the offender has been convicted, whether after trial or following a guilty plea. It is important to note that even if the sentence imposed will not be carried out by probation we are still able to provide the report e.g. Curfew Requirement. Contents of a Pre-Sentence Report The Pre Sentence Report includes: Analysis of the offence The offender s attitude to the offence and the victim The offender s offending history and pattern of offences Relevant factors relating to his or her offending behaviour such as drug or alcohol use Previous compliance with supervision Risk of reoffending Risk of serious harm to the public Sentencing proposal which is most likely to deter the person from reoffending, punish for the crime committed and protect the public. London Probation Trust 4

5 This information will be collated from a range of sources including Crown Prosecution Service documents with detailed antecedents, previous probation reports and information from other agencies. Types of Report 1 The Probation Service prepares three types of Pre Sentence Reports: 1. A written report taking 15 days that is based on a full assessment. A written report produced on the day or within five days. 2. Oral reports prepared on the day and delivered verbally by the probation court officer. 15 day written reports For completion after an adjournment and based on a full Offender Assessment System (OASys) assessment (see Appendix A). Are normally suitable for high seriousness cases and some medium seriousness cases with complex issues to address: Sexual offences Domestic violence Child protection Serious mental health issues 1 Probation Instruction (PI05/2011 Determining Pre-Sentence Reports) London Probation Trust 5

6 High risk of serious harm Serious racially aggravated violence Prolific offending Robbery Burglary, where the court has indicated that it is considering passing a Community Order or Suspended Sentence Order and requires a Pre Sentence Report. Completed within 15 working days for bailed offenders and within court agreed timescale for those remanded in custody. Written reports completed on the day or within five days London Probation Trust will not normally complete a full OASys assessment for this report type Normally suitable for low seriousness cases and a significant number of medium seriousness cases, where the court has indicated that it is considering passing a Community Order and requires a Pre Sentence Report Sometimes suitable for straightforward custodial cases that do not require extensive information and analysis. Oral Reports An Oral Report can be provided instead of a written Pre Sentence Report on an offender aged 18 or over in less complex cases. Can be requested where the offence is less serious and the court s purpose of sentence is punishment. They are also suitable in assessing London Probation Trust 6

7 for a single requirement such as Attendance Centre, Curfew or Unpaid Work requirement Oral reports can also be used where an offender is currently being supervised by the probation service, or there is a previous report from within the last 12 months. These reports will be completed on the same day as requested. The following cases would be considered for an Oral Report: Serving prisoner Offender is currently under probation supervision Recent report prepared i.e. within 12 months. When ordering a PSR Where the court is minded to ask for a report from probation, the bench is asked to complete the standard national sentencing form. The form indicates the seriousness of the offence and the purpose/s of sentencing, e.g. rehabilitation or punishment. This enables the report writer to focus the report and the recommendation on the court s view of the case. The report writer should raise any factors they think are relevant to the attention of the court, even if they do not obviously fit in with the court s indications. Occasionally, the court senior probation officer will apply professional moderation to the report process. This gives the Trust the authority to consider individual circumstances and the risk profile of each defendant. It may result in a different report format being prepared. This may occur when details of significant risk are encountered during the preparation of an Oral Report and it is moderated to a written report. In other circumstances a requested written report may be delivered as an Oral Report. London Probation Trust 7

8 The Community Order and its Requirements What is it? The Criminal Justice Act 2003 provides for a single Community Order and has been amended by the Legal Aid, Sentencing and Punishment of Offenders Act Courts are able to choose between 13 requirements to make up a bespoke order, the longest requirement representing the total duration. The same requirements are also available as part of a Suspended Sentence Order, but a key difference is that a Suspended sentence Order can stand alone, without a requirement. How does it work? The majority of provisions under the Legal Aid, Sentencing and Punishment of Offenders Act came into force on 3 December 2012 and applies to sentencing after that date. Community Orders are restricted to imprisonable offences. Each order must contain at least one of the 13 requirements. The order can run for up to three years. There is no minimum duration, but some of the requirements have a minimum number of hours that must be imposed. An assessment of suitability will identify a certain period as necessary in order to complete the tasks agreed with the offender. Once the final requirement is complete, the Order will come to an end. The 13 requirements are: Activity Attendance Centre Alcohol Treatment Curfew Drug Rehabilitation Exclusion Foreign Travel Prohibition Mental Health Treatment Programmes Prohibited Activity Residence Supervision Unpaid Work A fourteenth possible requirement, Alcohol Abstinence, is to be piloted in It is not intended for alcohol dependent offenders. London Probation Trust 8

9 Deciding on the requirements Requirements may be combined subject to: Compatibility of requirements Suitability for the offender The offender s religious beliefs or times of work and education not being compromised The overall restriction on liberty or punitive content being commensurate with the seriousness of the offending (that is, the seriousness of the current offence/s and any recent and relevant previous convictions). Advice on suitable combinations of requirements, and the availability of electronic monitoring to secure compliance, will be provided by the Probation Service. The sentencing proposal will reflect the court s initial indication as to low, medium or high seriousness. The Sentencing Council Guidelines indicate the number and type of requirements that may be appropriate for different seriousness levels. For low seriousness cases they say that in most cases only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary. The following descriptions of the 13 requirements include suggestions for duration at the different seriousness levels. This is the Probation Service interpretation of what could be included and is based, where available, on the Sentencing Council Guidelines. The descriptions also include suggested main purposes. Courts will wish to make their own judgment on a case-by-case basis. It is expected that a court will indicate its initial purpose of sentencing from the statutory list below, which the Trust proposal will also reflect: London Probation Trust 9

10 The punishment of offenders The reduction of crime (including its reduction by deterrence) The reform and rehabilitation of offenders The protection of the public The making of reparation by offenders to persons affected by their offence. London Probation Trust 10

11 Suspended Sentence Order Main Purpose Punishment and rehabilitation (depending on requirement(s) imposed). What is it? A sentence of up to two years imprisonment (or not more than six months if imposed by a magistrates court) may be suspended for between six months and two years. The Court can impose a stand-alone Suspended Sentence Order with no requirement, or select from the same 13 requirements available for the Community Order. If the offender complies with the requirements during the period of supervision and does not commit another offence during the specified operational period, the sentence of imprisonment will not take effect. The Sentencing Council Guideline says: Because of the very clear deterrent threat involved in a suspended sentence, requirements imposed as part of that sentence should generally be less onerous than those imposed as part of a community sentence. A court wishing to impose onerous or intensive requirements on an offender should reconsider its decision to suspend sentence and consider whether a community sentence might be more appropriate. 2 2 Sentencing Council Guidelines New Sentences: Criminal Justice Act 2003 (December 2004) p25 London Probation Trust 11

12 How does it work? A breach would result in a return to court for all or part of the original custodial sentence to be imposed or, in some cases, the Suspended Sentence Order to be continued but with the requirements made more onerous. In exceptional cases it is open to the court to take no action, although the presumption of custodial activation (in full or in part) remains. In reaching a decision, the court must take into account both the extent to which the offender has complied with the requirements and the facts of (any) new offence. London Probation Trust 12

13 Activity Requirement (also known as Specified Activity Requirement SAR) Main purposes Rehabilitation and reparation. What is it? A package of possibly wide-ranging activities, from day centre attendance to education and basic skills assessment and training, to reparation to victims or persons affected by the offending. A range of specified activities available from London Probation Trust at the time of writing are available in Appendix B. Usefully supported by A Supervision Requirement may be appropriate to provide additional support to medium to high seriousness cases. A Curfew Requirement may also be recommended for medium or high seriousness cases where additional punishment is considered appropriate. Further information required? The court must be satisfied that compliance is feasible. An Activity Requirement cannot be made without the consent of any person whose co-operation is necessary for compliance. The consent of the offender is not necessary. Seriousness levels Medium: 20 to 30 days High: up to the maximum 60 days London Probation Trust 13

14 Alcohol Treatment Requirement Main purpose Rehabilitation. What is it? Whilst there is no minimum term to this requirement, a period will be proposed to facilitate treatment intended to reduce or eliminate alcohol dependency. A qualified or experienced person to deliver treatment must be specified. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support, and in most cases is recommended by London Probation Trust due to the link between alcohol misuse and violent offending. The length of this requirement will usually determine the length of the order. Further information required? The court must be satisfied that: The offender is dependent on alcohol, and requires and may be susceptible to treatment The offender is willing to comply Treatment can be arranged. Seriousness levels A specialist assessor will recommend the treatment required to meet the needs of the offender. London Probation Trust recommends Alcohol Treatment Requirements are proposed for six months, in line with alcohol treatment programme availability. Additional requirements may be added to reflect the London Probation Trust 14

15 seriousness of the offence. Offenders will be encouraged to continue in treatment beyond the enforceable period where appropriate. London Probation Trust 15

16 Attendance Centre Requirement Main purpose Punishment of low-to-medium risk offenders Diversion from custody Reducing reoffending. What is it? The Attendance Centre Requirement is available for 18-to-24 year olds only 3. The offender must attend an attendance centre for hours, with a maximum of three hours per attendance and one attendance per day. Although the main purpose of the Attendance Centre Requirement is punishment, additional objectives for the instruction and activities facilitated by the Attendance Centre staff are designed to improve the offender s lifestyle and attitudes; and to assist in diversion from reoffending. The emphasis on attitudes, thinking and behaviour is also intended to encourage compliance with any other requirements in a multi-requirement Community Order. 3 Junior Attendance Centres are available for youths aged 17 and under managed by Youth Offending Teams. While 16 and 17 year olds can attend Senior Attendance Centres at the sentencer's discretion, London Probation Trust does not make provision for under 18s in its Senior Attendance Centre facilities. London Probation Trust 16

17 In London, Senior Attendance Centres for male offenders take place fortnightly on a Saturday. The current five locations where these centres are delivered across London are: Croydon, Greenwich, Mill Hill, Stratford and Hounslow. London Probation Trust also run three Senior Attendance Centres in Camden, Lewisham (currently under review) and Ealing specifically designed to address the criminogenic needs of women offenders. The Women s Senior Attendance Centre is a unique provision and the first of its kind in the country. For more details, see the Women Offenders section on page 44. Usefully supported by Attendance at a Senior Attendance Centre can be enforced as a standalone requirement or be combined with any other requirement outlined in the Criminal Justice Act Attendance Centre participation can be a requirement in either a suspended sentence or Community Order. Attendance Centre requirements can be recommended in order to provide: A standalone punishment for lower seriousness level offences A means of making an Order for more onerous as a sanction for breach An appropriate feature within a multi-requirement order. London Probation Trust 17

18 Senior Attendance Centre (SAC) locations Centre Name Address Boroughs Greenwich SAC The John Roan School Westcombe Park Road Blackheath London SE3 7QR Southwark, Bexley, Greenwich Croydon SAC Hounslow SAC Mill Hill SAC Stratford SAC Bensham Manor School Ecclesbourne Road Thornton Heath Surrey CR7 7BR Lampton School Lampton Avenue Hounslow Middlesex TW3 4EP County School Worcester Crescent Mill Hill London NW7 4LL Park Primary School Matthews Park Avenue Stratford London E15 4AE Croydon, Merton, Sutton, Wandsworth, Lambeth, Bromley, Lewisham Hounslow, Hillingdon, Ealing, Kingston, Richmond, Hammersmith & Fulham, Westminster Brent, Barnet, Haringey, Enfield, Camden, Islington, Kensington & Chelsea, Harrow City, Hackney, Tower Hamlets, Waltham Forest, Redbridge, Barking & Dagenham, Havering, Newham Women s Senior Attendance Centre (WSAC) locations Centre Name Address Boroughs Camden Women s Centre Boroughs which enable arrival Camden 199 Arlington Road at the WSAC location within SAC London NW1 7HA 90 minutes of travel Lewisham SAC (currently under review) Ealing SAC Lewisham Probation Office 208 Lewisham High Street London SE13 6JP Ealing Probation Office Leeland House Leeland Road London W13 9HH Boroughs which enable arrival at the WSAC location within 90 minutes of travel Boroughs which enable arrival at the WSAC location within 90 minutes of travel For more information or to request a visit to a Senior Attendance Centre, please sentencer_enquiry@london.probation.gsi.gov.uk. London Probation Trust 18

19 Eligibility and appropriateness Offenders sentenced to a Suspended Sentence Order or Community Order with an Attendance Centre Requirement must fall within the age range of 18-to-24 years. The court must be satisfied a centre is available and accessible to the offender within 90 minutes of travel. The offender does not pose a risk of serious harm to the public. The offender is able to function in a group setting. The offenders Offender Group Reconviction Scale should normally not exceed 49. Seriousness levels Senior Attendance Centres are appropriate for low-to-medium risk offenders (offenders assessed as tiers one and two). Some higher risk offenders may be suitable for consideration subject to a supporting assessment. Number of hours and attendance requirements Offenders can be sentenced to hours and should be instructed to attend the centre according to the frequency with which the facility operates. The offender is not to be expected to complete more than three hours of activity on any one attendance and should not be instructed to attend more than once on any given day. The centre operates every fortnight. London Probation Trust 19

20 Guide for Community Order lengths 12 hours: 3 months 24 hours: 5 months 30 hours: 6 months 26 hours: 7 months London Probation Trust 20

21 Curfew Requirement Main purposes Punishment and protection. What is it? The offender must remain at a specified place for between two and 16 hours a day and this can last for up to a period of 12 months. The curfew can be at different places and/or different periods on different days. The court must impose electronic monitoring (tagging) unless the necessary consent (for instance a landlord s consent) has not been given, or the court considers it inappropriate, due to the effect on others residing in the property. Curfew will be targeted at those offenders most at risk of custody, but can often be a suitable sentence following breach of another Community Order where revoking and re-sentencing is proposed or to make the overall order more onerous after breach. A curfew may be particularly appropriate as a means of preventing further crime at the time of day covered by the curfew (e.g. alcohol related offences in the evening), or on a weekend, but it is not restricted to that purpose and may also be suitable more generally as a punishment. Usefully supported by Can be used to support other requirements for medium or high risk offenders e.g. in addition to a programme, or where greater punishment is required, or as part of a package where offenders are at risk of receiving an immediate prison sentence. Further information required? The court must obtain and consider information about the place of curfew, including information about the attitude of persons likely to be affected by the London Probation Trust 21

22 enforced presence of the offender. This may be achieved by requesting a Pre Sentence Report for preparation on the day. In particular, curfew will not be recommended where there is evidence of domestic violence or child protection issues. A landline is not required for electronic monitoring. Seriousness levels Low: up to two months Medium: two to three months High: four to twelve months The number of hours an offender is sentenced to each day/week will also depend on the seriousness of the offence. London Probation Trust 22

23 Drug Rehabilitation Requirement Main purpose Rehabilitation. What is it? This requirement has no minimum length but a period will be proposed to enable a reduction or elimination of a dependency or propensity to misuse drugs. Monitoring is supported by regular drug testing. Progress reviews by the court at intervals of not less than one month are optional for requirements of up to 12 months and are mandatory over 12 months. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support, and is recommended in the National Offender Management Service (NOMS) updated guidance (2012) on Drug Rehabilitation Requirements. The term of the supervision requirement will represent the length of the order. Further information required? Drug Rehabilitation Requirements cannot be imposed unless the Probation Service together with a specialist drug treatment assessor has recommended it as suitable for the offender and the offender is willing to comply. The court must also be satisfied that: The offender is dependent on, or has a propensity to misuse drugs, and their drug use is susceptible to treatment Treatment is available and can be arranged The offender is willing to comply London Probation Trust 23

24 Seriousness levels The treatment intensity is linked to treatment need, as stated by the specialist Drug Rehabilitation Requirement assessor. In most cases, a Drug Rehabilitation Requirement alongside a Supervision Requirement will suffice, but other requirements, such as a curfew, may be proposed to reflect the seriousness of the offence. Offenders will be encouraged to continue in treatment beyond the enforceable period where appropriate. Requirements can vary up to three years but generally a six month Drug Rehabilitation Requirement with a longer Supervision Requirement is recommended. London Probation Trust 24

25 Exclusion Requirement Main purposes Punishment and protection. What is it? The offender may not enter a specified place or places for a period of up to two years. The exclusion can be limited to particular periods specified and at different places for different periods or days. Electronic monitoring for Exclusion Requirements is not available in London at the time of publication (April 2013). Usefully supported by A Curfew Requirement where the offender is medium-to-high risk and greater punishment is required. Seriousness levels Low: a few months Medium: about six months High: about 12 months London Probation Trust 25

26 Mental Health Treatment Requirement Main purpose Rehabilitation. What is it? Under Section 207 of the Criminal Justice Act 2003, a Mental Health Treatment Requirement provides for an offender to undergo mental health treatment under the direction of a named medical practitioner. It is the responsibility of the medical practitioner to report any non-compliance to the supervising probation officer. Treatment may be carried out in an in-patient or out-patient setting, but the type and nature of such treatment need not be specified by the Court. However, the sole aim of the requirement is to improve the mental condition of the offender. The Mental Health Treatment Requirement can be used in relation to any mental health issue including personality disorder. The type of treatment and degree of intervention will vary according to medical necessity. An offender s noncompliance with the taking of medication should be considered by the supervising officer, with a view to returning the order to court. Usefully supported by A Supervision Requirement is appropriate to provide additional support, particularly in medium to high seriousness cases, except where treatment is residential. Further information required? The court must be satisfied that: On the written or oral evidence of a registered medical practitioner (a Consultant Psychiatrist, Chartered Psychologist or Community Psychiatric London Probation Trust 26

27 Nurse) the mental condition of the offender is such as requires and may be susceptible to treatment, but does not warrant the making of a Hospital or Guardianship Order. The offender is willing to comply with the identified treatment Arrangements are in place for the offender to receive treatment as specified in the order There is a named clinician agreeing to be specified in the order The duration of the requirement must be stated in the order A specialist report from a medical practitioner suitable to carry out an assessment is usually required. Medical practitioners are not legally or contractually obliged to prepare a report and so the court should first seek the guidance of the duty probation officer. Seriousness levels Low: a few months Medium: about six months High: about 12 months London Probation Trust 27

28 Programme Requirement Main purpose Rehabilitation. What is it? A group work or individual programme accredited and designed to address attitudes and behaviour that contribute to offending. Programmes fall in to four categories: 1. General offending 2. Violence 3. Sexual offending 4. Domestic abuse See Appendices B and C for details of all Specified Activity Requirements and programmes available from London Probation Trust. Usefully supported by A Supervision Requirement is usually necessary to provide additional support, and enable completion of pre and post group work. Further information required? The Court can include a programme requirement if recommended by the Probation Service. Whilst a particular programme may be identified in the presentence report, there is no need to specify it in the making of the order. The duration of this requirement should be expressed in days. London Probation Trust 28

29 Seriousness levels Medium to high. London Probation Trust 29

30 Prohibited Activity Requirement Main purposes Punishment and protection. What is it? The offender must refrain from participating in activities on a particular day or days or during a period of up to three years. Examples include prohibition from: Entering any licensed premises Attending any football match Communicating with any minor without the approval of the responsible officer. Usefully supported by A Curfew or Attendance Centre Requirement may provide additional support if required, or greater punishment. Further information required? The court must consult the Probation Service before including such a Requirement in an order. Seriousness levels Low, medium and high London Probation Trust 30

31 Foreign Travel Prohibition Requirement Main purpose Protection What is it? The Court can impose a prohibition on foreign travel, prohibiting the offender from travelling to a country or countries (or territory or territories) outside the British Islands (the United Kingdom, the Channel Islands and the Isle of Man). Further Information required? This requirement is not intended as a punishment, but to have a significant impact on the likelihood of re-offending. Therefore, an assessment of suitability would consider the risk of reoffending and the harm caused, in countries outside the United Kingdom. Seriousness levels Medium or high. London Probation Trust 31

32 Residence Requirement Main purposes Rehabilitation and protection. What is it? The offender must reside at the place specified, either an Approved Premises (probation hostel) or private address. This is for high or very high risk offenders. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support and contact after moving to next-stage accommodation. Residence at an Approved Premises automatically includes a supervised curfew. Offenders residing at one of London Probation Trust s Approved Premises will be required to undertake a minimum of 15 hours of purposeful activity each week. Activities are designed to be restrictive and constructive, and will support public protection and the reduction of reoffending. Approved Premises staff work closely with the offender manager to design the individual s programme to achieve a successful residency outcome. Further information required? The court would need to ask for an assessment of suitability before an offender manager can recommend an Approved Premises. Residence in an Approved Premises or institution must be proposed by the Probation Service. The court must consider the current home circumstances (if any) of the offender, and the suitability of the proposed address. London Probation Trust 32

33 Seriousness levels High or very high (up to 36 months) London Probation Trust 33

34 Supervision Requirement Main purpose Rehabilitation. What is it? Requires the offender to attend regular appointments with the responsible officer or another person determined by the officer to promote rehabilitation. There is no minimum length. During the period of supervision, the Probation Service will undertake work with the offender to change attitudes and behaviour, for example: Deliver pre-programme work, monitor and review patterns of behaviour Increase motivation Provide support to increase compliance with other relevant requirements Support and reinforce learning Deliver individual counselling Post work for accredited programmes. The offender manager may also provide sign-posting to agencies for help with housing, health, financial management and other social issues. Usefully supported by A Programme Requirement and any of the three treatment requirements may be appropriate where supervision can provide initial motivational work and support. In some cases it may be used appropriately to support activity requirements. London Probation Trust 34

35 Further information required? A Pre Sentence Report should be considered. Seriousness levels Low: up to 12 months Medium: 12 to 18 months High: 12 to 36 months London Probation Trust 35

36 Unpaid Work Requirement Main purposes Punishment, reparation and rehabilitation. What is it? It is a requirement on the offender to work unpaid on a Community Payback project for a total number of hours as specified by the court. The number of hours must be specified between 40 and 300 and must be performed within 12 months (unless the court extends the order). Unpaid Work is usually more effective for offenders who do not have complex needs. Community Payback sessions are normally at least seven hours per day. A wide variety of placements are available seven days a week, including individual and workshop placements. An offender s individual needs, for example employment, disability or medical requirements, are fully considered as part of placement decisions. This may influence the number of days worked in the week, together with their duration. When making recommendations in respect of sentencing offenders in breach of unpaid work requirements, London Probation Trust will bear in mind that additional unpaid work may not be successful. A curfew requirement may be more appropriate as an additional punishment. Further information required? The court must be satisfied that the offender is suitable, likely to complete the requirement and available to perform work. This will be assessed by the Probation Service in a Pre Sentence Report. London Probation Trust 36

37 Seriousness levels Low: 40 to 80 hours Medium: 80 to 150 hours High: 150 to 300 hours London Probation Trust 37

38 Breach of a Community Order Following an admitted or proven breach of a Community Order the court must either: Impose a fine not exceeding 2,500 Amend the order to make it more onerous, for example by adding a Requirement or by extending the duration of an existing requirement Revoke the order and re-sentence the offender as if he or she had just been convicted. In the event of the court being satisfied of a wilful and persistent refusal to comply, a custodial sentence, irrespective of whether the original offence warranted custody. Taking no action on a breach is not an option for the court. Where the order was made by the Crown Court (and that court directed that failures to comply should be dealt with by the Magistrates Court) the Magistrates Court dealing with the breach may instead remand the offender in custody or release him on bail to appear before the Crown Court. Where the Crown Court reserved any breach, the offender will appear directly at the Crown Court. The same powers on breach are available to the Crown Court. Curfew can be used as a straight punishment, also unpaid work (Community Payback) between hours. London Probation Trust 38

39 Court Bail Information Scheme London Probation Trust runs Court Bail Information Schemes across Magistrates Courts in London. Delivered by a member of the Probation Court team, we offer targeted bail services to defendants denied bail by the police and produced in court from custody. The service identifies objection to bail on any individual case, and then works to provide a bail package to address these concerns. This may allow the court to consider granting bail with conditions. The schemes work with Bail Accommodation Support Services (BASS) run by Stonham Housing (see page 36). They also work to develop bail packages that aim to address wider areas of concern that Sentences may consider when making bail decisions. The role of the Bail Information Officer Bail Information Officers will make any necessary checks to verify facts from checking addresses and speaking to the householders involved, to setting up contact with drug agencies. When necessary, they will also liaise with any relevant professionals who may be able to provide information about the person and their contact or involvement with them. Bail Information Report Once facts fare verified, and any necessary support put in place, the Bail Information Officer will deliver a Bail Information report to the court either written or verbally. The report states to what extent information has been verified. It may provide a range of possible alternatives to a remand in custody for the court to consider. Unlike a Pre Sentence Report, it will not provide formal assessment. It could however, provide professional opinions gained through enquiries. London Probation Trust 39

40 Bail Accommodation and Support Services The Bail Accommodation and Support Service (BASS) has been developed by NOMS to prevent defendants entering custody or remaining in custody any longer than is necessary for reasons which could be resolved through the provision of suitable and supported accommodation. London Probation Trust provides Bail Information Reports in courts upon request from the court or a defence lawyer. These reports may include a BASS referral. What is BASS? BASS can provide temporary accommodation together with support, or it can provide support only for defendants who are able to live in their own homes. The provision lasts for the length of the bail period plus seven days. The service is managed on behalf of NOMS by Stonham, the care and support division of Home Group, one of the country s largest housing associations. What can the defendant expect to receive through BASS? BASS accommodation is available throughout London. Housing is based on shared, single-gender houses, with up to four residents. Visiting support from a designated support officer, which is also available for defendants who already have accommodation, is designed to help a defendant to: Adhere to bail conditions Desist from reoffending Access benefits and medical services Keep appointments Apply for jobs, education or training London Probation Trust 40

41 Improve life skills Develop an action plan Find move-on accommodation Rebuild family contacts. One support session a week is mandatory and further enforceable sessions can be ordered by the court. Additional sessions will be provided by Stonham to address individual needs. This support is not statutory supervision. Formal supervision would be undertaken by the offender manager if there is one in place, otherwise bail conditions are managed by the police. Bail conditions Placement with BASS is intended to support conditional bail granted by the court. A service user can be subject to any conditions imposed by the court, including electronic tagging. Once a defendant has been assessed as suitable for placement by the BASS provider, a proposal will be given to the Bench. It is suggested that the following bail condition wordings are used: To live and sleep at [address] and to comply with the conditions of BASS. Plus, in appropriate cases To receive additional support provided through the BASS Enhanced Women s Service. The conditions of BASS referred to in this bail wording are those rules of the service the breach of which will amount to a breach of bail and will result in London Probation Trust 41

42 Stonham initiating formal breach action with the police. These conditions are limited to: A requirement to attend mandatory contact sessions which will be one a week unless the court has required more. A failure to attend one session without good reason will incur a warning. A failure to attend two sessions within any period of 21 days will result in breach. Payment of rent. If arrears become excessive Stonham will withdraw the accommodation. A requirement to comply with rules as to behaviour in the house, towards staff, other occupants and neighbours. Stonham will seek to support users in addressing behaviour but, if necessary, will withdraw the service. Stonham may also withdraw accommodation at any time for good reason, e.g. house sharing risks, and may initiate breach of the residence condition on this basis. Stonham will also initiate breach action with the police if the residence condition is breached through absconding. Breach of conditions Breach of bail conditions is dealt with wholly by the police and courts although should the nature of the breach make the defendant ineligible the BASS placement may be withdrawn. If an offender breaches Stonham s core rules they will be in breach of the court s instructions. Enhanced Women s Service BASS offers an Enhanced Women s Service for women remanded on bail. This provides additional levels of support for female defendants with multiple or high levels of need which cannot be met through the normal BASS accommodation or support-only service. London Probation Trust 42

43 It includes: Increased levels of support of up to ten hours per week with daily contact if required. Specialist support by specially trained female support workers, who understand the needs of women and can work with other voluntary, community and statutory agencies accessing drug, alcohol and mental health services, women s community projects, housing and parenting support. Support also includes specialist services negotiated for those who are sex workers or have experienced domestic violence. Multi-agency risk assessment for women with particularly high needs is undertaken with support officers taking part in planning conferences. On-going support is available to vulnerable women for up to four weeks after move on from BASS. Accommodation suitable for women, offering one or two bedroom properties, provides the option to be joined by their children where appropriate. London Probation Trust 43

44 Women Offenders The 2007 Corston Report, which reviewed provision for vulnerable women in the Criminal Justice System, demonstrated clearly that women offenders need specialist support. There are a number of women s community projects in London which provide support, and a variety of interventions aimed at reducing reoffending by women. Some of these projects are provided London-wide and these are listed. In addition, each London borough has a number of local projects and organisations which provide support to women offenders to reduce their risk of reoffending and assist with social integration. London Probation Trust has established a structure of specialist officers in each of our Local Delivery Units to enable offenders to access these services. Our staff can advise the courts on local provision. London Probation Trust 44

45 London-wide women s community projects Advance Advocacy The Minerva Project Aims To divert women from custody and out of the criminal justice system To reduce and prevent reoffending amongst women in Brent and Hammersmith Services A range of support services relating to housing advice, domestic abuse support and substance misuse. Counselling, self esteem programmes, free legal advice. Advice on parenting, managing money, life skills and healthy eating. A report can be provided to the court prior to sentencing. Suitability (all female 18 plus) Brent and Hammersmith Ex, current or prolific offenders at any stage in the criminal justice system. Women at risk of offending i.e. those experiencing homelessness, substance misuse, mental health, prostitution, poverty, unemployment, lack of skills, isolation, family offending etc. London Probation Trust 45

46 London-wide women s community projects continued Depaul UK and women@thewell Aims In partnership, these two organisations provide centre-based services, accommodation and community support to help prevent offending behaviour and enable vulnerable young women to get their lives back on track. To contribute towards a reduction of the number of women who are not serious or violent offenders who pose a risk to the public To provide services in the community for women at risk of offending and women offenders To assess needs and provide an integrated package of support across a range of areas Services Access to appropriate specialist services, including: o Housing advice, access to supported accommodation and emergency accommodation placements o Benefits advice and advocacy o Medical services (GP, mental and sexual health) o Drugs/alcohol support and detox. o Legal support o Mediation and relationship support o Therapeutic support and counselling Pro-social activities Food, laundry and shower facilities, clothes store Opportunities for training, volunteering and employment placements Suitability (all female 18 plus) Women, particularly young women aged 18-30, from across London, with a strong focus on those in Camden and Islington Services are designed for women at risk of offending and women offenders, including women: o At risk of a custodial sentence o On bail o On community orders o Released following custodial sentences London Probation Trust 46

47 London-wide women s community projects continued Trust Aims A community based women s project in Lambeth supporting women involved in or exited from prostitution and women involved in, moving on from, or at risk of involvement in the criminal justice system by providing a range of services to support positive choices. To encourage women to make informed choices and decisions about issues important to them, offering hope, new opportunities and long term support through any process of change Services Specific interventions within the criminal justice system including: Court Diversion Scheme (Camberwell Magistrates Court). We are able to write/contribute to reports prior to court for clients who have engaged with the service as well as provide support to meet the requirements of our Court Diversion Scheme (for women involved in street prostitution in Lambeth). Women s Criminal Justice Case Manager (for all women involved in prostitution and the criminal justice system) Probation Surgery Groupwork Programmes Suitability (all female 18 plus) Resident in Lambeth Fit at least one of the following: o On licence or a probation order o Current involvement in the criminal justice system o Involvement in the criminal justice system in the last six months o Released from prison in the last six months o At risk of short term sentences o Involved or exited from street prostitution London Probation Trust 47

48 London-wide women s community projects continued Jagonari Women s Community Project Aims Whitechapel-based community project supporting vulnerable women in contact with the criminal justice system, or those at risk of offending or reoffending. To provide effective, sensitive and holistic support to women with complex multiple needs ranging from mental health, substance misuse, history of sexual and domestic violence, rape and prostitution. Services Physical and psychological health care Education skills and employment Accommodation advice and support Finance, benefits and debt Children, families and relationships Drugs and alcohol Alternative therapies Mental health Cognitive behavioural therapy Support for abuse, rape and domestic violence Support for women involved in prostitution Suitability (all female 18 plus) Resident in Tower Hamlets and Hackney London Probation Trust 48

49 There are many other projects for women in London that cover different boroughs. London Probation Trust has a network for champions for women across our local delivery units who have knowledge of and links with these organisations that support women in the community. London Probation Trust has also mapped the projects across London so that all staff can view the range of resources available. Women s Senior Attendance Centre London Probation Trust runs a Senior Attendance Centre for women, the first of its kind in the country. The Women s Senior Attendance Centre is currently available at London Probation Trust s Women s Centre, Camden, Lewisham probation office (currently under review) and Ealing probation office. The Senior Attendance Centre operates every Saturday allowing a more intensive intervention with women who often have high levels of vulnerability. This also enables a fast start with a space provided on the first Saturday after sentencing. For more information about support for vulnerable people see the Mental Health section on page 26. London Probation Trust 49

50 Victims It is a statutory responsibility for all Probation Trusts to contact victims (or their relatives) of serious sexual/violent offences when the offender receives a minimum of 12 months imprisonment or certain mental health disposals. These offences are listed in Schedule 15 of Criminal Justice Act On release these offenders are subject to supervision by London Probation Trust and victims can request extra conditions in relation to themselves. Referrals to London s Victim Liaison Service (VLS) are made by probation staff in the Crown Courts and the police supply the victims addresses. The NOMS target for contacting victims is within 40 working days of sentence. VLS staff work closely with offender managers to obtain information and manage risk. At the same time the VLS aims to ensure that offender managers are sensitive to victim issues in their work with offenders. The VLS provides information to the victim at key stages in the offender s sentence such as temporary release. Staff do not provide counselling or ongoing support but referrals are made to other agencies, such as Victim Support or police community safety units to develop safety plans in cases where there is a high risk of revictimisation. The VLS provides reports on behalf of victims, if they so wish, usually after meeting with them and a copy is sent to the offender manager. Most victims want their reports to be held in confidence and they understand that their views do not influence whether or not a prisoner is to be released, only the conditions under which they are supervised. The most usual conditions victims request are for non contact and exclusion from a particular area during the supervision period. In those cases which the Parole Board assess for release, victims have the opportunity to write a separate Victim Personal Statement about the impact the offence has had on them and their concerns about release. Applications can be made for victims to attend oral hearings of the Parole Board. London Probation Trust 50

51 Appendix A: Offender Assessment System (OASys) The Offender Assessment System (OASys) was developed jointly by the Probation and Prison Services and is a national system for assessing and managing the risks and needs of an offender. It is designed to: Facilitate the assessment of the likelihood of reconviction Identify and prioritise offending relating needs Facilitate the assessment of risk of serious harm Assist with the management of risk of serious harm Facilitate sentence planning Measure change during supervision. All offender managers use OASys as their assessment tool. OASys takes into account the factors that have contributed to the offender s criminal behaviour such as employment history, living conditions and drug or alcohol abuse, and uses highly sophisticated techniques to assess the threat offenders pose to the public and the risk of reoffending. Every case for which London Probation Trust has a statutory responsibility should have an OASys Risk of Harm Screening. If the screening process suggests there are indicators of risk, the Risk of Harm Full Analysis and the Risk of Harm Summary should be completed. London Probation Trust 51