UNCLASSIFIED
TITLEACCOMMODATION AND SUPPORT SERVICE FOR BAIL AND HDC – CHANGE OF CONTRACT
This instruction applies to: / Reference:
Prisons
Probation Trusts / PSI 34/2010
PI 09/2010
Issue Date / Effective Date
Implementation Date / Expiry Date
14 June 2010 / 18 June 2010 / 17 June 2013
Issued on the authority of / NOMS Agency Management Board
For action by / All staff involved in bail information, processing Home Detention Curfew applications or who make referrals to the Bail Accommodation and Support Service (BASS).
Offender Managers.
Governors/Directors of Contracted Prisons, Chief Executives of Probation Trusts, Heads of Groups, policy leads.
Prisoner Escort and Custody Services contractors.
In this document, the term Governor also applies to Directors of Contracted Prisons
For information / Heads of Groups in NOMS HQ.
Heads of Sentencing Policy and Penalties Unit and Criminal Justice Women’s Strategy Team in Justice Policy Group of the Ministry of Justice
Contact / Chris Marsh, Sentencing Policy and Penalties Unit in the Justice Policy Group of the Ministry of Justice
020 3334 5035
Associated documents / PSO 6101
PSO 6700
PC 20/2000
Replaces the following documents which are hereby cancelled :-
PSI 29/2007 ACCOMMODATION AND SUPPORT SERVICES FOR BAIL AND HDC
PC 33/2007 NEW ACCOMMODATION AND SUPPORT SERVICE FOR BAIL AND HDC
Audit/monitoring :
Directors of Offender Management will monitor compliance in their region with the mandatory actions set out in this Probation Instruction. Probation Areas and Trusts must demonstrate compliance with these actions when required to do so by Directors of Offender Management.
Introduces amendments to the following documents:-
PSO6101
PSO6700
The changes inserted into these PSOs by PSI 29/2007 are to be removed and replaced.
Copies held on the HMPS Intranet/EPIC will be amended; hard copies must be amended or cross-referenced locally.
UNCLASSIFIED
Page 1
CONTENTS
Section / Subject / Applies to1 / Executive Summary / All staff
2 / Operational Instructions / All staff
3 / Home Detention Curfew / All staff involved in HDC process
4 / Bail / All staff involved in bail information work
5 / Intensive Alternative to Custody / OMs involved in IAC pilots
6 / Policy and strategic context / All staff
7 / Policy queries / All staff
Annex A / BASS – description of service / All staff
Annex B / HDC – new Annex I to PSO 6700 / HDC staff in prisons, probation staff, Offender Managers
Annex C / Bail – instructions and new Chapter 8 to PSO 6101 / Probation court staff and prison bail information staff, prison reception and discharge staff, and managers
1. Executive summary
Background
1.1 The Bail Accommodation and Support Service commenced in June 2007 and provides a service for those who would otherwise be held in prison. The service is specifically for defendants who can be bailed and offenders who can be released on HDC or who are subject to a community order as an Intensive Alternative to Custody.
1.2 Since June 2007 BASS has been provided on a 3–year contract by ClearSprings Ltd.. The contract has been re-let and has been awarded to a new provider, Stonham, who take over on 18 June 2010.
1.3 The new BASS contract will also replace the Nacro Effective Bail Scheme that has been available since November 2006 to selected courts in Yorkshire and Humberside. That service ends on 17 June 2010.
1.4 This instruction sets out mandatory action and information for staff in prisons and in courts on how to access the services now provided by Stonham.
1.5 This instruction replaces the instructions issued to prison and probation staff in 2007 in PSI 29/2007 and in Probation Circular 33/2007. The amendments then made to PSO 6101 on bail information and PSO 6700 on HDC are to be replaced with sections of this new instruction.
Desired outcomes
1.6 NOMS needs to ensure that the accommodation and support service provided to defendants and the courts and to offenders is maintained, and that there is no reduction in referrals or caseload. The Stonham services should be utilised as fully as possible in appropriate cases to enable the courts to bail defendants who can be bailed and to allow the release of those prisoners who cannot otherwise be released due to a lack of suitable accommodation, or without support. It is expected that the changes made to the service will allow referrals and releases to increase.
Application
1.7 All staff involved in prisons and in courts providing bail information or referral to bail accommodation services or in prison and the community handling HDC applications and Offender Managers should read Sections 1-7 and Annex A. Staff involved in prison and the community handling HDC applications and Offender Managers should also read Annex B. Staff involved in prisons and in courts providing bail information should also read Annex C.
Mandatory actions
1.8 Governors and Chief Executives of Probation Trusts must ensure that the following staff are made aware of this instruction:
· All staff in prisons and courts involved in bail information work or referral to bail accommodation services
· All staff involved in supporting video link courts in prisons
· All staff involved in considering and processing applications for HDC
· All staff involved in the discharge of prisoners from prisons
· All staff involved in the provision of accommodation for offenders and for prisoners on reception and on release
· All staff involved in considering the use of community orders as intensive alternatives to custody
· Offender Managers for offenders on IAC and HDC and for those defendants on bail who are also under OM supervision.
1.9 Governors and Chief Executives of Probation Trusts must ensure that the procedures introduced by this Instruction are followed from 18 June 2010.
Resource Impact
1.10 The arrangements for referral to Stonham as the new BASS provider do not require additional resources over and above those already allocated for referral to BASS within the resources for bail information, HDC and IAC, and including the resources funded via DOMs to maximise the usage of BASS. DOMs have been allocated some funding for posts in prison and courts and their decisions as to the deployment of that funding may impact on BIO staff resources locally.
2. Operational instructions
2.1 The detailed operational instructions for staff are set out in the annexes to this instruction. For prison staff these amend PSOs 6101 and 6700. Stonham will provide referral forms for bail and HDC referrals.
2.2 Governors and Chief Executives of Probation Trusts must ensure that existing bail information and HDC resources are maintained in addition to any resources allocated by the DOM to expand bail information or HDC services, or to deliver BASS referral services specifically.
2.3 Governors and Chief Executives of Probation Trusts must ensure that there are effective communications and good co-operation between prison and probation staff involved in bail information and HDC processes and with Stonham and the DOM’s Office about the operation of the bail information and HDC arrangements set out in this Instruction and the Annexes.
2.4 Governors must ensure that there are effective communications and good co-operation between bail information staff, HDC staff, housing advice workers, video–link staff, reception and security. In particular they must ensure that the local arrangements are such that a prisoner released to BASS on bail or HDC knows how to contact Stonham, where the address is, how to get there and has the wherewithal to get to the address (whether the address is provided by BASS or not).
2.5 Governors must ensure that the availability of BASS is publicised around the establishment and promoted with prisoners generally and with remand prisoners and those eligible for HDC in particular.
2.6 Chief Executives of Probation Trusts are asked to champion the service through existing arrangements for liaison with the judiciary and in the context of the DOMs’ regional oversight of the service, and to ensure that probation court staff are able to advise the judiciary about the service, and if necessary the mechanics of using it.
3. Home Detention Curfew
3.1 The arrangements in relation to HDC are set out at Annex B to this instruction.
3.2 Governors must ensure that hard copies of PSO 6700 are amended through the insertion of new Chapter 5 paragraph 5.17 below and new Annex I set out at Annex B to this instruction. These replace the equivalent text inserted in the PSO by PSI 29/2007.
3.3 Chapter 5, paragraph 5.17.8 in PSO 6700 must be replaced with:
5.17.8 Where a prisoner does not have a suitable curfew address, or can no longer stay at an address to which he or she has been released on HDC, it may be possible for him/her to be provided with accommodation and support in the Bail Accommodation and Support Service provided to NOMS on contract by Stonham from 18 June 2010. (BASS was introduced in June 2007 and was provided by ClearSprings Ltd. until 17 June 2010.) ‘
3.4 Annex I to PSO 6700 must be replaced with the new Annex I attached to this Instruction
3.5 Chief Executives of Probation Trusts must
· ensure that probation staff engaged in considering Home Detention Curfew are aware of the procedures for prisons set out in this instruction and process suitability checks as quickly as possible (in line with National Standards 2005 SS5.10) in cases identified as going to Stonham accommodation, and
· ensure that Offender Managers liaise with Stonham support workers where the latter have provided or are providing a service to an offender
3.6 The amended form HDC (3b) that will be sent from the prison to probation is at Appendix A to Annex B. The HDC (3b) should be returned to the prison within the National Standards target of 10 days.
3.7 The forms for making HDC referrals will be provided direct to staff by Stonham.
3.8 Stonham provide an enhanced service for women on bail – this is part of the programme for diverting women from custody and is not available for those on HDC. Women on HDC can of course access the standard BASS service.
4. Bail
4.1 The arrangements in relation to bail information are set out at Annex C to this instruction.
4.2 Governors must ensure that hard copies of PSO 6101 are amended through the insertion of new Chapter 8 set out at Annex C to this instruction. This replaces the equivalent text inserted in the PSO by PSI 29/2007.
4.3 Governors and Chief Executives of Probation Trusts must ensure that BIOs have ready access to pre-convictions information from the PNC (either directly as an approved user, or through an approved user). This information is crucial for the BIO when interviewing defendants and to the production of good referrals to BASS and bail information reports.
4.4 The forms for making bail referrals will be provided direct to staff by Stonham.
4.5 When submitting bail information reports BIOs should send the briefing note at Appendix A to Annex C to the Court, CPS and Defence solicitor with the bail information report and the Stonham proposal.
4.6 Chief Executives of Probation Trusts are asked to ensure that
· where a bail information service is provided at first appearance, either with dedicated staffing or on an ad hoc reactive basis, probation court staff maximise the use of the new service in cases where the defendant would otherwise be remanded in custody;
· probation court staff liaise effectively with prison bail information staff in respect of cases where bail information work or applications to Stonham are commenced at court or where prisons request help with cases being returned to Court and
· Offender Managers liaise with Stonham support workers where the latter are providing, or have provided, a service to a defendant
4.7 Where a defendant at court has been identified for referral or a referral has been made but the process cannot be completed in time for the court to make a decision and the defendant to be released and to arrive at a BASS property by 7 p.m. that day, probation should ensure that the relevant prison is aware that an initial request has been made to Stonham, and should pass any relevant paperwork to the prison BIO.
4.8 Some prisons have arrangements with probation court teams to support connection at court in respect of bail information work generally. Probation are asked to maintain and adjust these arrangements as necessary to cover the Stonham involvement, in consultation with prison contacts and/or the DOM’s lead.
Enhanced service for women on bail
4.9 BASS includes an Enhanced Women’s Service for women on bail only. It will be available until 31 March 2011. Staff in prisons and courts need to consider whether a woman may need the additional levels of support provided by this service. A description of this service is at Appendix B to Annex C. The criteria for including a woman in the enhanced service is that:
She requires additional levels of support on bail and access to gender specific services because she has multiple needs or a high level of need which cannot be met through the normal BASS accommodation or support-only service.