Unlawfully At Large After Recall Offence Protocols - Justice · PDF fileUnlawfully At Large After Recall Offence Protocols This instruction applies to:- Reference:- NOMS HQ Prisons

Unlawfully At Large After Recall Offence Protocols This instruction applies to:-

Reference:-

NOMS HQ Prisons Providers of Probation Services

AI 18/2015 PSI 28/2015 PI 20/2015

Issue Date Effective Date Implementation Date

Expiry Date

5 October 2015 5 October 2015 4 October 2019

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 Public Sector Prisons Contracted Prisons* National Probation Service (NPS) NOMS Immigration Removal Centres (IRCs) Community Rehabilitation Companies (CRCs) Other Providers of Probation and Community Services Governors Heads of Groups NOMS Rehabilitation Contract Services Team

* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons

Instruction type Legal compliance / Service Specification Support

For information All staff in NOMS HQ

Provide a summary of the policy aim and the reason for its development / revision

This new instruction provides an explanation of the protocols and processes to be followed as a result of a new offence introduced by Section 12 of the Criminal Justice and Courts Act 2015 for offenders who knowingly remain unlawfully at large after notification of recall. The new offence will apply to anyone who, following a recall, was UAL on or subsequent to the commencement date of 13th April 2015.

Contact Russell A’Court russell.a'[email protected] Ian York [email protected] Kelly Lennon [email protected]

Associated documents

PSI 30/2014 PI 27/2014 Recall Review and Re-release of Recall Offenders PSI 03/2015 Sentence Calculations – Determinate Sentenced Prisoners Senior Leaders’ Bulletin of 9 April 2015

Replaces the following documents which are hereby cancelled : None

Audit/monitoring:

mailto:[email protected]


Mandatory elements of instructions must be subject to management checks (and may be subject to self or peer audit by operational line management, as judged to be appropriate by the managers with responsibility for delivery. In addition, NOMS will have a corporate audit programme that will audit against mandatory requirements to an extent and at a frequency determined from time to time through the appropriate governance.

Introduces amendments to the following documents: None

Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

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PSI 28/2015 PI 20/2015 AI 18/2015 ISSUE DATE 05/10/2015

CONTENTS Hold down “Ctrl” and click on section titles below to follow link

Section Subject

For reference by:

1 Executive Summary

All Staff

2 Identification and Notification of Offence

All Post-Release PPCS Staff

3 Making the Offender Aware of Section 32ZA and 255ZA


4 Charging, Sentencing and Calculation


Annex A Notification letter to offenders All Post-Release PPCS Staff

Annex B Notification letter to the police where an offender has been notified of recall


Annex C Notification letter to the police where the offender has been deemed to have been notified


Annex D Guidance to probation and prison staff on Section 12


Annex E PPCS Section 9 Witness Statement – pertaining to offenders who have been notified


Annex F PPCS Section 9 Witness Statement – pertaining to offenders who are deemed to have been notified


Annex G Probation Section 9 Witness Statement


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1 Executive summary Background 1.1 This instruction establishes a clear process to ensure appropriate provision for a new

offence as created by the Criminal Justice and Courts Act 2015. It sets out the arrangements for the processing of the new offence by Public Protection Casework Section (PPCS), as well as the requirement on prison, police, Police National Computer Bureau (PNCB) and probation services’ staff to ensure that offenders who are released on licence are aware of the offence and the potential penalty if convicted.

1.2 Section 32ZA of the Crime (Sentences) Act 1997 (“section 32ZA”) and section 255ZA of the

Criminal Justice Act 2003 (“section 255ZA”) (both as inserted by section 12 of the Criminal Justice and Courts Act 2015) create new offences of remaining unlawfully at large (UAL) where an offender has been notified orally or in writing that they have been recalled to custody, and subsequently fails without reasonable excuse to take all reasonable steps to return to prison within the period specified in the notice. Section 32ZA applies to recalled indeterminate sentence offenders and section 255ZA applies to recalled determinate sentence offenders.

1.3 If convicted under section 32ZA or 255ZA, the offence carries a maximum penalty of 2

years’ imprisonment and/or a fine. 1.4 Sections 32ZA and 255ZA also specify that those offenders who have remained UAL for 6

months without keeping in touch with a provider of probation services (where their licence required that they keep in touch as instructed) are automatically deemed to have been notified.

1.5 Sections 32ZA and 255ZA came into force on 13 April 2015. The offence applies to those who are recalled from licence after the date of commencement and fail to respond to a notification of the recall – but also to those whose licences were revoked before the date of commencement and remain UAL, who become deemed to have been notified under the 6 month ‘failure to keep in touch’ rule.

Desired outcomes 1.6 An effective system for PPCS staff to identify recalled prisoners who have not been

apprehended within 4 weeks of licence revocation. 1.7 Effective and transparent processes for PPCS to comply with the statutory notification

requirements in respect of recalled offenders who have not been apprehended and returned to custody within 4 weeks of revocation.

1.8 Processes to notify providers of Probation Services, PNCB and the police that offenders have been issued with a notification of recall and are, therefore, liable to be prosecuted under the new provisions.

1.9 A single point of contact within PPCS to handle any enquiries and requests for further

information from either the police or the CPS in respect of offenders who have been notified of their recall.

1.10 Prison and probation services staff, when explaining licence conditions to offenders at the

point of release, explain the implications of sections 32ZA or 255ZA as appropriate and the potential penalty if they seek to evade being returned to custody following notification that they have been recalled.

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1.11 Effective systems to ensure that police and the CPS have the information required to

pursue a charge under section 32ZA or 255ZA. Application 1.12 Chapter 2 of this instruction identifies the principal roles and responsibilities for NOMS

staff. This chapter also sets out the process for PPCS identifying offenders who could potentially be charged with the offence under section 32ZA or 255ZA and for ensuring that the statutory notification requirements are met and that the police are notified accordingly.

1.13 Chapter 3 sets out the responsibility for prison and probation services staff to inform

offenders upon their release of the implications of section 32ZA or 255ZA and the additional penalty if subsequently convicted.

1.14 Chapter 4 sets out the sentence calculation considerations in respect of prisoners who

have been convicted and given a further custodial sentence under section 32ZA or 255ZA. 1.15 Prison, Probation Services and PPCS staff who are involved with the release and recall of

offenders on licence must be familiar with this Instruction. Mandatory actions 1.16 Deputy Directors of NPS and their equivalents in CRC Probation Services, Deputy

Directors of Custody within the Prison Services, and the Head of PPCS must ensure that all prison and probation staff responsible for dealing with offenders subjected to a recall to custody are made aware of this instruction, and that it is appropriately disseminated.

1.17 In particular, sections 1.19; 2.1; 2.5; 2.6; 2.7; 2.9; 3.1 and 4.3 refer to mandatory actions. Roles and Responsibilities 1.18 The recall of offenders to prison is a multi-agency process and requires effective liaison and

co-operation between the agencies concerned. Set out below are the key mandatory responsibilities for all agencies.

PPCS must:

Maintain a central record of all recalled offenders whose licences have been revoked and who remain UAL, liaising with other agencies to update the record.

Ensure that the notification requirements of section 32ZA or 255ZA are complied with in respect of offenders whose licences have been revoked and remain at large 28 days after the revocation order has been issued.

Ensure that the Police and CPS have all the necessary information in order to pursue a charge where appropriate.

Record all notifications, on the Public Protection Unit Database (PPUD) and notify the Police and Probation Service.

Provide a single point of contact to Police forces and the CPS in order to respond to any enquiries relating to the notification process or information relating to offenders who have been subject to the notification process.

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Prisons must:

Inform prisoners who are due to be released of the implications of section 32ZA or 255ZA should they be recalled and fail, without reasonable excuse, to take all steps necessary to return to prison within the timeframe specified in the notification of recall.

Calculate the sentences of prisoners given an additional sentence under section 32ZA or 255ZA.

Probation Services must:

On release, explain to offenders the implications of section 32ZA and 255ZA should they be recalled and fail, without reasonable excuse, to take all reasonable steps to return to prison within the timeframe specified in the notification of recall.

Provide any information as required to enable the Police and CPS to pursue a charge under sections 32ZA or 255ZA.

There are also responsibilities for external agencies: CPS

Responsible for authorising the charging of offenders with the new offence in all cases that have been referred to the CPS in accordance with the Director’s Guidance.

Police

Retain notification from PPCS that an offender who is UAL has been notified or is deemed notified pursuant to section 32ZA or 255ZA.

Investigate all claims from offenders regarding any ‘reasonable excuse’ for the time spent UAL, and to decide upon the validity of the same.

Pursue PPCS and Probation Services for evidence to support prosecution.

Present all available evidence to the CPS in order to enable the CPS to make a charging decision.

PNCB

Retain notification from PPCS that an offender who is UAL has been notified or is deemed notified pursuant to section 32ZA or 255ZA.

Identify on PNC those offenders who are liable for the new charge.

Pass evidence from PPCS to support a prosecution to arresting forces. Resource Impact 1.19 There is a requirement for PPCS in OMPPG to operate the notification process and handle

enquiries from the CPS and the Police. We anticipate the cost of doing so to be around £55,000 a year. Licence templates on PNOMIS will have to be amended to make reference to the new provision and the cost of making the amendment is estimated to be around £37,000. There will be an initial resource implication for probation services when they are required to sign off Section 9 statements confirming that a UAL recalled offender has not been in contact for a period of 6 months. It is estimated that they will need to sign off 1100 such statements (in respect of historic UAL costs) and that each statement will take 30 minutes. The total cost will be in the region of £20,000.

1.20 The new provisions will have a small impact on the prison population. If prosecuted and

sentenced for this offence, the new sentence will be served concurrently to the recall but

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may exceed the recall period. Further details of the estimated impact of the new offence are contained in the Criminal Justice and Court Bill Impact Assessment that was published along-side the provisions when they were introduced to Parliament.

(signed) Digby Griffith Director of National Operational Services (NOMS)

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2 Identification and Notification of Offence 2.1 The Request for Recall must be completed in line with the standards and guidance as

outlined in PSI 30/2014 and PI 27/2014. 2.2 PPCS is responsible for the identification of offenders who have been recalled to custody

and remain unlawfully at large. It is also responsible for undertaking the notification procedures set out below and for notifying the Police and PNCB once the procedures have been complied with.

2.3 An offender whose licence has been revoked and a revocation order has been issued to

the Police is liable to prosecution under Section 32ZA or 255ZA only if:

(a) they have been notified either in writing or verbally that they have been recalled to prison and, following the notification, they have failed to take all necessary steps to return to prison unless they have a reasonable excuse; or

(b) they have not been issued with a notification, but have been unlawfully at large for a period of 6 months since the date the revocation order was issued and during that time have failed to make contact with the Probation Service in accordance with the requirements of their licence. In these circumstances such offenders are deemed to have been notified for the purposes Section 32ZA or 255ZA (as they will know or ought to have known that their licence has been revoked).

2.4 Section 32ZA and 255ZA came into force on 13 April 2015 and the notification procedures

will be applied from that date onwards, regardless of the date on which the offender was recalled.

2.5 PPCS must identify any cases where the revocation order was issued on or after 13 April

2015, and the offender has not been returned to custody on or soon after the 28th day following that date. In all such cases PPCS will issue a notification to the offender to inform them that they have been recalled to custody. The notification will be copied to the provider of probation services. The template for the notification is attached at Annex A.

2.6 If there is no last-known address and the offender manager has confirmed that the offender

was of no fixed address whilst on licence, the notification must be issued to the offender “care of” the Offender Manager.

2.7 PPCS must take no further action for a period of 14 days and then undertake a “UAL

check”. If the offender has failed to return to custody during the intervening period then the Police must be notified that the offender is liable to prosecution under Section 32ZA or 255ZA. PPCS must use the template at Annex B, attaching a copy of the notification issued to the offender 14 days earlier. These documents must be sent to the PNCB and the relevant police force, and copied to the offender manager. PPUD must be updated to record this action.

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2.8 Although PPCS will not as a rule instigate the notification process until at least 28 days after the revocation order has been issued, it can, exceptionally, instigate the process sooner if it believes that it is in the public interest to do so.

2.9 There are a residual number of offenders who have been recalled to prison but who

remained unlawfully at large on the day of commencement. In view of the time that has elapsed in many cases since the initial decision to revoke the licence was taken, PPCS will not issue a letter of notification to the last known address unless the Head of PPCS instructs otherwise. On 13 October 2015 or shortly thereafter, PPCS will contact the providers of probation services to enquire whether they have had any contact with these offenders during the previous 6 months. If the providers of probation services confirm that there has been no contact, the offenders will be deemed to have been notified of their recall pursuant to Section 12. The providers of probation services must complete, sign and return the Section 9 report to be found at Annex G and providing the contact details of the member of staff who completes the statement. The statement must then be returned to PPCS. Providers of probation services have 28 days to make these checks and return the section 9 statement to PPCS. At that point PPCS must inform the Police using the template at Annex C. The template must be issued to the relevant police force, copied to the relevant provider of probation services, and PNCB and PPUD must be annotated.

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3 Making the Offender Aware of Section 32ZA or 255ZA 3.1 When explaining to an offender the conditions of their licence on the day of release, Prison

staff and Offender Managers must ensure that they explain the implications of section 32ZA or 255ZA and the additional penalty if subsequently convicted.

3.2 An information sheet has been attached at Annex D for staff to refer to when explaining

these sections to offenders. 3.3 The standard licence template on P-Nomis will be annotated shortly to make reference to

Section 32ZA or 255ZA.

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4 Charging, Sentencing and Calculation 4.1 When a recalled offender who has been notified or deemed to have been notified under

Section 32ZA or 255ZA is apprehended, the police are responsible for checking and identifying whether the offender is liable to be charged. They will need to interview the offender, but will only do so if they are clear that they meet the requirement for charging. When interviewing the offender any ‘reasonable excuse’ claim that is provided should be assessed for validity and acceptability. The police may also request additional information or clarification from PPCS or the relevant provider of probation services.

4.2 The police are responsible for notifying the CPS of the offender’s liability to be charged and

for presenting the evidence to support charge. Ultimately, it is for the CPS to decide whether or not the offender should be charged.

4.3 PPCS must provide, at the request of the CPS, PNCB or the local police force, a section 9

witness statement that outlines the efforts that PPCS have made to notify the offender of their recall. It is the responsibility of PPCS post-release staff to ensure the validity of the information provided in this document, which may be used in court as evidence. Statements to this effect, relating separately to cases whereby PPCS has issued notification to the offender, or whereby the offender is deemed to have been notified as outlined in section 3.3(b) above, are to be found as Annex E and Annex F, respectively.

4.4 Providers of probation services staff must provide, at the request of CPS, PNCB or the local

police force, a section 9 witness statement that confirms the dates the offender has been out of contact. It is the responsibility of the Probation Service to ensure the validity of the information provided in this document, which may be used in court as evidence. This document is to be found as Annex G. The completed statement must be sent from providers of probation services to PPCS who in turn are responsible for issuing it to the police.

4.5. For these purposes PPCS provide the following single point of contact for both the police

and the CPS to address all enquiries: Tel: 020 3334 0675 / 020 3334 0572, Email: [email protected]

4.6 When an offender has been convicted under section 32ZA or 255ZA and has received a

further custodial sentence, the prison must re-calculate the offender’s release date. The guidance for the calculation of release dates is in PSI 03/2015 – Sentence calculation – Determinate Sentenced Prisoners.

4.7 If a recalled offender receives a Court Production Order which requires a court appearance

to face a charge under section 32ZA or 255ZA, it is the responsibility of the prison to fulfil the terms of the production order through the means recognised by NOMS/HMPS as standard practice.


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Annex A: National Offender Management Service

Public Protection Casework Section 8th floor, 102 Petty France

London,

SW1H 9AJ

Telephone

Email:

[insert date]

Your ref:

File ref:

NOMS ID:

Dear XXX,

You were released from custody on [INSERT DATE] on licence and subject to probation supervision for the

remainder of your sentence. Your licence conditions were explained to you before your release, and you

were made aware that failure to comply with them would lead to a recall and return to custody. It was also

explained that if you did not present to custody following notification of the recall, you would be liable to a

further charge of remaining unlawfully at large.

The National Offender Management Service, Public Protection Casework Section has been informed by the

probation services that you have breached the conditions of your licence.

Your licence was revoked on [INSERT DATE] and the revocation order forwarded to the Criminal Records

Office, New Scotland Yard, with the request that you be arrested and returned to the nearest prison.

It would appear that you have not yet been apprehended by the police and returned to prison.

This letter serves as notification of the revocation of your licence - you are now expected to hand

yourself in to police custody. Failure to do so within 5 days of the above date may lead to prosecution

under section [DELETE AS APPLICABLE] 32ZA of the Crime (Sentences) Act 1997 / 255ZA of the

Criminal Justice Act 2003, and a new sentence of up to two years’ imprisonment.

Yours sincerely NAME

cc:

[Insert Offender Manager]

[Insert Legal Representatives]

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Annex B: National Offender Management Service


London,

SW1H 9AJ

Telephone

Email:

[Insert Date]

Your ref:

File ref:

NOMS ID:

Dear colleague,

Re: INSERT NAME, DOB and PRISON NUMBER [MERGE]

The above-named offender is identified on both NOMS Public Protection Casework Section (PPCS) and

PNC records as being unlawfully at large. Their licence was revoked on [INSERT DATE].

PPCS notified the offender on [date] that their licence was revoked as of [date]. A copy of the notification

letter, sent to [INSERT NAME]’s nominated address, is attached. The offender is now expected to return

themselves to custody within 5 days of the date on the notification. If they are not returned to custody they

may be liable, under section [DELETE AS APPLICABLE] 32ZA of the Crime (Sentences) Act 1997 /

255ZA of the Criminal Justice Act 2003 to face a further charge of being unlawfully at large, in addition to

serving their recall and any other further charges.

Please update your records accordingly to reflect this development. If you have any queries regarding this

process, please contact the PPCS Recall Team via the following email addresses:

[email protected]

Yours sincerely

NAME

cc:



PAGE 12


Annex C: National Offender Management Service


London,

SW1H 9AJ

Telephone

Email:

[Insert Date]

Your ref:

File ref:

NOMS ID:

Dear colleague,

Re: INSERT NAME, DOB and PRISON NUMBER [MERGE]

The above-named offender is identified on both NOMS Public Protection Casework Section (PPCS) and

PNC records as being unlawfully at large. Their licence was revoked on [INSERT DATE].

[INSERT NAME] has neither been returned to custody nor been in contact with their officer responsible for

providing probation services for a period of 6 months since the revocation of their licence. He/she is, under

section [DELETE AS APPLICABLE] 32ZA of the Crime (Sentences) Act 1997 / 255ZA of the Criminal

Justice Act 2003, deemed to have been notified of the recall as of [date]. He/she is therefore liable to face a

further charge of being unlawfully at large, in addition to serving their recall and any other further charges. I

attach a copy of the report from the officer providing probation services confirming that there has been no

contact with the offender during the period in question.

Please update your records accordingly to reflect this development. If you have any queries regarding this

process, please contact the PPCS Recall Team via the following email addresses:

[email protected]

Yours sincerely

NAME

cc:



PAGE 13


Annex D:

Information regarding CJC Act 2015 Section 12:

Unlawfully at Large Offence

Context for offenders: When you are released on a licence you are expected to abide by the licence conditions which have been explained to you by probation and prison staff. If you do not abide by these licence conditions then your licence may be revoked, and you will be returned to custody. If your licence has been revoked but the police are unable to apprehend you to return you to custody, then you may also be committing a new offence. The police and the Crown Prosecution Service can decide to charge you with the offence of being unlawfully at large following a recall. This will be a new charge, in addition to your index offence; and if you are found guilty you may face up to two years in custody or a fine. Frequently Asked Questions: Q.) Who tells the police that I am to be recalled? A.) Public Protection Casework Section, at the request of your Offender Manager, will authorise your recall and inform the police that you are to be apprehended. Q.) What if I have a reasonable excuse for why I have not been returned to custody? A.) The police will investigate any claims for why you have not been apprehended, and assess whether there is a reasonable excuse for why you have not been returned to custody before any potential charge is made. Q.) Will this be additional to the recall? A.) Yes. If it is decided to go ahead with the charge, then it will be a new offence in addition to your index offence and recall. Q.) Who decides whether or not to charge? A.) The final decision on whether or not to charge you will reside with the Crown Prosecution Service, who will rely on the evidence presented by the police, Public Protection Casework Section and your probation service. Q.) Does this mean I will have to go back to court? A.) Yes. If it is decided to go ahead with the charge, then the charge will be heard in court. Q.) What penalties could I face? A.) If found guilty you could face a fine or up to two years’ imprisonment. Q.) Under what legislation would I be charged? A.) If you are serving an indeterminate sentence you will be charged under section 32ZA of the Crime (Sentences) Act 1997; if you are serving a determinate sentence you will be charged under section 255ZA of the Criminal Justice Act 2003.

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Annex E:

1. I make this witness statement to provide the Court with information about the failure of [offender’s

name, DOB, and prison number/NOMS ID] (“the offender”) to return to custody following their

recall. I have responsibility for processing the return to custody notifications in my role as a Team

Manager (Band 6) within the NOMS Public Protection Casework Section.

2. Insofar as the contents of this witness statement are within my own personal knowledge they are

true, otherwise they are true to the best of my knowledge, information and belief, having had an

opportunity to discuss matters with NOMS officials working in the relevant areas.

3. The offender was sentenced to [INSERT SENTENCE LENGTH] for an offence of / the offences of

[INSERT SENTENCE] on [INSERT DATE]. They were released from prison custody on [INSERT

DATE], with a Sentence Expiry Date of [INSERT DATE].

4. The offender’s licence was revoked on [INSERT DATE] for failing to comply with the licence

condition to [INSERT CONDITION/S]. The licence conditions were explained to him / her in the

prison at the time of his / her release. The consequences of failing to return to custody if a recall was

instigated are outlined in the licence. The revocation order was forwarded to the Criminal Records

Office, New Scotland Yard, with the request that the offender be arrested and returned to the nearest

prison. It was also sent to the named Single Point of Contact or other local police contact as specified

on the breach notification form.

5. A formal notification of the recall was issued to the offender on [INSERT DATE] as our records

indicated that they had not been returned to custody by that date. The notification informed the

offender to hand himself / herself in to custody by [INSERT DATE]; and that by failing to do so

they may face prosecution for committing a further offence.

6. As of [today’s date] the offender has still not returned to custody

Or [delete as applicable]

the offender handed him/herself in to police custody / was arrested by the police on [date].

This statement consisting of [ ] page(s) signed by me, is true to the best of my knowledge and belief and I

make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in

it anything which I know to be false or do not believe to be true.

PAGE 15


Signature

Date

Team Manager

Public Protection Casework Section

cc:


PAGE 16


Annex F:

1. I make this witness statement to provide the Court with information about the failure of [offender’s

name, DOB, and prison number/NOMS ID] (“the offender”) to return to custody following their

recall. I have responsibility for processing the return to custody notifications in my role as [INSERT

JOB TITLE].

2. Insofar as the contents of this witness statement are within my own personal knowledge they are

true, otherwise they are true to the best of my knowledge, information and belief, having had an

opportunity to discuss matters with NOMS officials working in the relevant areas.

3. The offender was sentenced to [INSERT SENTENCE LENGTH] for an offence of / the offences of

[INSERT SENTENCE] on [INSERT DATE]. They were released from prison custody on [INSERT

DATE], with a Sentence Expiry Date of [INSERT DATE].

4. The offender’s licence was revoked on [INSERT DATE] for failing to comply with the licence

condition to [INSERT CONDITION/S]. The licence conditions were explained to him / her in prison

prior to his / her release. [Delete if licence issued prior to {New Licence date TBA}] The

consequences of failing to return to custody if a recall was instigated are outlined in the licence. The

revocation order was forwarded to the Criminal Records Office, New Scotland Yard, by [Name] on

[DATE] with the request that the offender be arrested and returned to the nearest prison. It was also

sent to the named Single Point of Contact or other local police contact as specified on the breach

notification form. I attach a copy of the revocation order as Annex A.

5. To the best of my knowledge, as of [INSERT DATE], the offender has not been returned to custody,

nor has he/she contacted the public protection casework section of NOMS. .

or

The offender handed himself in to police custody / was arrested by the police on [date].

This statement consisting of [ ] page(s) signed by me, is true to the best of my knowledge and belief and I

make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in

it anything which I know to be false or do not believe to be true.

Signature

Date

PAGE 17


Post Release Team

cc:


PAGE 18


Annex G: Section 9 Statement for completion by the relevant provider of probation services.

1. I make this witness statement to provide the Court with information about the failure of

[offender’s name, DOB, and prison number/NOMS ID] (“the offender”) to return to custody

following their recall. I have responsibility for the offender’s return to custody in my position

as [job title].

2. Insofar as the contents of this witness statement are within my own personal knowledge

they are true, otherwise they are true to the best of my knowledge, information and belief,

having had an opportunity to discuss matters with NOMS officials working in the relevant

areas.

3. The offender’s licence was revoked for failing to comply with his licence condition(s) on

[INSERT DATE].

4. I have undertaken the following checks: I have spoken to the Offender Manager, searched the offender’s record using the NDELIUS programme, and searched the offender’s record using the OASys programme; and have identified that between [INSERT DATE] and [INSERT DATE], the offender has not made contact in person, nor through written contact or via a telephone call with their responsible provider of probation services.

5. As of [today’s date] the offender has still not returned to custody

Or [delete as applicable]

The offender handed him/herself in to police custody / was arrested by the police on [date].

This statement consisting of [ ] page(s) signed by me, is true to the best of my knowledge and

belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I

have wilfully stated in it anything which I know to be false or do not believe to be true.

Signature

Date

Documents

Unlawfully At Large After Recall Offence Protocols - Justice · PDF fileUnlawfully At Large After Recall Offence Protocols This instruction applies to:- Reference:- NOMS HQ Prisons