ACCOMMODATION AND SUPPORT SERVICE FOR BAIL AND HDC
This instruction applies to :- / Reference :-
Prisons
Providers of Probation Services / PSI 25/2013
PI 10/2013
Issue Date / Effective Date
Implementation Date / Expiry Date
26 June2015
(Revised) / 26August2013 / 17 December 2015
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)
Governors
Heads of Groups
Other Providers of Probation Services
NOMS Rehabilitation Contract Services Team
Community Rehabilitation Companies(CRCs)
Prisoner Escort and Custody Servicescontractors
Offender Managers
All staff involved in bail information, processing Home Detention Curfew applications or who make referrals to the Bail Accommodation and Support Service (BASS).
*If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons where the National Retail Policy has been mandated
Instruction type / Service Specification Support/Service Improvement
For information / Head of Sentencing Policy and Head of Women’s PolicyTeam in Criminal Justice Group of the Ministry of Justice, and Crime Directorate of HMCTS
Provide a summary of the policy aim and the reason for its development/revision / This Instruction supports the delivery of the NOMS Specification on BASSthat was implemented from 1 April 2011. This instruction replaces the instructions issued to prison and probation staff in 2010 in PSI 34/2010 and in Probation Instruction09/2010. Amendments are made to PSO 6101 on bail information and PSO 6700 on HDC.
This instruction was updated on 12 January 2015 to reflect the new community/probation structures (NPS/CRCs) delivered by the TR programme and the new NOMS Directorate structures.
Update 26 June 2015 - The BASS contract was formally extended on 2 June 2015 and will now continue until 17 December 2015. Updated Stonham's contacts in Annex A, Service Definition have been included in this version.No other changes have been made to the policy.
Contact / Sue Nickson,Directorate of Commissioning and Contract Management, Email: Sue –Tel. 0300 047 6238
Associated documents / PC 19/2005 Bail Information Schemes
PSO 6101- Bail Information Scheme
PSO 6700- Home Detention Curfew
PSI 72/2011- Discharge
PSI 17/2011- PI 03/2011- BASS Specification
PSI 09/2012 - PI 04/2012- Bail Services Specification
Replaces the following documents which are hereby cancelled:-PSI 34/2010PI09/2010- Accommodation and Support Service For Bail AND HDC – Change of Contract
Audit/monitoring: - NOMS Deputy Directors of Custody and Controllers, will monitor compliance with the mandatory actions set out in this Instruction.
The Director of NPS in England, Director of NOMS in Wales and NOMS Director of Rehabilitation Services for CRCs will monitor compliance with the mandatory requirements in this instruction.
NOMS contract management will hold providers to account for delivery of mandated instructions as required in the contract.
Introduces amendments to the following documents:-PSO6101 Chapter 8 is replaced by Annex C is this instruction. PSO6700 Paragraph 5.17.8 and Annex I are replaced by paragraph 3.3 and Annex B respectively in this instruction. The changes previously inserted into these PSO’s by PSI 34/2010 and PI 09/2010 are to be removed and replaced.
Copies held on the NOMS Intranet will be amended; hard copies must be amended or cross-referenced locally.
Notes:-All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

PAGE 1

CONTENTS

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

Section / Subject / For reference by
1 / 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 Community Order with Residence Requirement / All staff involved with intensive community orders
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, NPS and CRC staff, Offender Managers
Annex C / Bail – Instructions and new Chapter 8 to PSO 6101 / NPS courtstaff and prison bail information staff, prison reception and discharge staff, and managers

1.Executive Summary

Background

1.1The Bail Accommodation and Support Service (BASS)commenced in June 2007 to provide a source of accommodation and/or support 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 an intensive community order with a Residence Requirement.

1.2This instruction sets out mandatory action and information for staff in prisons and in courts on how to access the services provided by the BASS provider.

1.3This instruction replaces the instructions issued to prison and probation staff in 2010 in PSI 34/2010 and in Probation Instruction09/2010. Amendments are made to PSO 6101 on bail information and PSO 6700 on HDC to incorporate the changes outlined below.

1.4This instruction is issued following confirmation that the original 3 year contract has been extended and will run until June 2015. There have been substantive changes since June 2010 and operational improvements which make an update necessary:

  • Changes to NOMS structure in 2011, including the departure of the DOMs, the end of the BROM (BASS Regional Operational Manager) role and the creation of new Directorates which changed the contract monitoring arrangements for BASS
  • The BASS Specification was implemented in 2011 and duplication has been removed
  • The Bail Services Specification, implemented in 2012, has implications for BASS referrals and amended the resource allocation to prisons and Trusts
  • Obsolete references to transitional arrangements have been removed
  • Changes to the BASS contract include:
  • There will not be CCTV monitoring of property entrances
  • The BASS4Women offer replaces the Enhanced Women’s Service which carried additional funding in the first year of the contract only
  • HDC licencees can be considered for BASS at the point of potential recall when existing accommodation breaks down
  • Faster turn around of court referrals – now a maximum of 1 hour
  • Closer liaison with Approved Premises[1] and Offender Managers[2]
  • Additional minor updates

Desired outcomes

1.5This Instruction supports the delivery of the NOMS Specification on BASS that was implemented from 1 April 2011. NOMS needs to ensure that the accommodation and support service provided to defendants and the courts and to offenders is fully utilised so that defendants eligible for bail and prisoners eligible for release on HDC are not unnecessarily held in prison because they lack suitable accommodation or need support.

Application

1.6All 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 Managersshould read Sections 1-7 and Annex A. Staff involved in prison and the community handling HDC applications and Offender Managersshould also read Annex B. Staff involved in prisons and in courts providing bail information should also read AnnexC.

Mandatory actions for Prison Governors

1.7Prison Governors must ensure that the following staff are made aware of this instruction:

  • All staff in prisons 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 prisoners on reception and on release

1.8Prison Governorsmust ensure that the procedures introduced by this Instruction are followed.

1.9Prison Governorsmust monitor take up of BASS (information available on The Hub) within their establishment and address any lack of usage.

Mandatory actions for the National Probation Service (NPS)

1.10NPS 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 considering and processing applications for HDC
  • All staff involved in the provision of accommodation for offenders and for prisoners on release
  • Allstaff involved in considering the use of community orders as intensive alternatives to custody or intensive community orders
  • All staff managing offenders on IAC/ICO and HDC and for those defendants on bail who are also under statutory supervision.

1.11NPSmust ensure that the procedures introduced by this Instruction are followed.

1.12NPSmust monitor take up of BASS (information available on The Hub) within their area and address any lack of usage.

Mandatory actions for CRCs

1.13CRCsmust ensure that the following staff are made aware of and comply with this instruction:

  • All staff involved in referral to bail accommodation services
  • All staff involved in processing applications for HDC
  • All staff involved in the provision of accommodation for offenders and for prisoners on release
  • All staff managing offenders on IAC/ICO and HDC and for those defendants on bail who are also under statutory supervision.

1.14CRCsmust ensure that the procedures introduced by this Instruction are followed.

1.15NOMS Community Rehabilitation Services Contract Management Teamsmust monitor take up of BASS (information available on The Hub) within their area and address any lack of usage.

Resource Impact

1.16For a period following the implementation of BASS some additional funding was available to support bail services and promote bail referrals to BASS. In prisons this funding was to augment core bail information services but where allocated to Probation Truststhis was to initiate a new service. The distribution of the additional funding was discretionary and resulted in regional variations in the levels of investment awarded to different prisons and probation trusts. With the implementation of the Bail Services specification from April 2012 a new requirement is placed on theNPSto provide targeted bail services at court to prevent unnecessary remand in custody.

1.17The cost for delivering bail services within prisons is already awarded within their core funding. The arrangements for referral to BASS do not require additional resources over and above those already allocated for bail services and HDC.

(Approved for Publication)

Ian Poree

Director of Rehabilitation Services,Commissioning & Contract Management, NOMS

2.Operational Instructions

2.1The detailed operational instructions for staff are set out in the annexes to this instruction. The BASS provider will provide referral forms for bail and HDC referrals.

3.Home Detention Curfew

3.1The arrangements in relation to HDC are set out at Annex B to this instruction.

3.2Prison Governors must ensure that hard copies of PSO 6700 are amended through the insertion of new Chapter 5 paragraph 5.17.8below and new Annex I set out at Annex B tothis instruction. These replace the equivalent text inserted in the PSO by PSI 34/2010.

3.3Chapter 5, paragraph 5.17.8 in PSO 6700 must be replaced with:

5.17.8Where 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 the BASS provider from 18 June 2010.

3.4Annex I to PSO 6700 must be replaced with the new Annex I attached to this Instruction.

3.5NPS and CRCsmust:

  • ensure that NPS and CRC staff engaged in considering Home Detention Curfew are aware of the procedures for prisons set out in thisinstructionand process suitability checks as quickly as possible in cases identified as going to BASS accommodation,
  • ensure that NPS and CRC staff liaise with BASS support officers where the latter are providing a service to an offender and work pro-actively with the BASS provider to secure move-on accommodation.
  • ensure that NPS and CRCstaff are clear that the BASS provider’s responsibility for accommodation and or support to an offender ends at the conclusion of the HDC Licence whilst the NPS or CRC responsibility continues to the end of the whole licence term.

3.6The HDC (3b) should be returned by the NPS or CRC to the prison within 10 days. (PSO 6700).

3.7The forms for making HDC referrals will be provided direct to staff by the BASS provider.

4.Bail

4.1The arrangements in relation to bail information are set out at Annex C to this instruction.

4.2Prison 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.

4.3Prison Governors and NPSmust ensure that staff completing bail enquiries 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 staff when interviewing defendants and to the production of good referrals to BASS and bail information reports.

4.4The forms for making bail referrals will be provided direct to staff by the BASS provider.

4.5When submitting bail information reports prison and NPS staff should send the briefing note at Appendix A toAnnex Cto the Court, CPS and defence solicitor with the bail information report and the BASS provider’s proposal for accommodation and/or support.

4.6NPSand CRCsare asked to ensure that:

  • where a bail information service is provided at first appearance, NPScourt staff maximise the use of BASS in cases where the defendant would otherwise be remanded in custody;
  • NPS court staff liaise effectively with prison bail information staff in respect of cases where bail information work or applications to BASS are commenced at court or where prisons request help with cases being returned to Court, and
  • NPS and CRC Offender Managers liaise with BASS support workers where the latter are providing, or have provided, a service to a defendant

4.7Where 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, NPSstaff should ensure that the relevant prison is aware that an initial request has been made to the BASS provider, and should pass any relevant paperwork to the prison bail information staff.

4.8Some prisons have arrangements with NPS court teams to support connection at court in respect of bail information work generally. The NPSisasked to maintain and adjust these arrangements as necessary to cover the BASS provider’s involvement, in consultation with prison contacts.

Women

4.9To decrease the use of remands for women, referrals to BASS for bail and HDC must be prioritised.

4.10The BASS provider’s service to women ‘BASS4Women’ can offer:

  • being able to request a femalesupport officer
  • a tailored support plan based on a comprehensive assessment of need
  • accommodation for sole use when accompanied by dependent children
  • close multi-agency workingto maximise safety and resettlement
  • links to women’s community projects for holistic and on-going support
  • court transport services
  • engagement with peer mentoring
  • access to specialist services for those who are sex workers or have experienced domestic abuse.

4.11If a woman is considered to need any special services(or a court has specifically requested any) this must be recorded on the BASS referral form.

5.Community Order with Residence Requirement

5.1BASS is available for offenders who are subject to community orders under intensive alternative to custody arrangementsin those areas where a protocol is in place between the CRCand the BASS provider.

5.2NPSand CRCsmust ensure that NPS PSR authors and CRC staffare aware of this facility in those areas where a protocol has been established andconsider the use of BASS for appropriate offenders. Where BASS is considered appropriate the NPS PSR writermust contact the BASS Regional Referral Coordinator to arrange referral and, subject to the court’s agreement, release to the service.

5.3Where an IAC/ICO service is to be provided theCRCmust establish with the BASS provider a protocol around the eligibility of offenders and the processes for referral, for communication and for the review of risk and suitability during the period of a Residence Requirement. The CRC must maintain close contact with BASS support staff during the period of any order and must inform the BASS provider of any information which might affect the risk of serious harm posed by the offender.

6.Policy and Strategic Context

Eligibility

6.1BASS does not accept sex offenders. Those on police bailfor, cautioned for, convicted of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003 are excluded from BASS.

6.2An offender or defendant is a sex offender for the purposes of BASS if he or she haspreviously been cautioned for or convicted of, or is currently on police bail for, orcharged with,a sexual offence mentioned inSchedule 3 (as amended) to the Sexual Offences Act 2003, or equivalent offences in other jurisdictions.Defendants and offenderswill be ineligiblewhether or not the notification (sex offenders register) requirements of the Act have been imposed and even where any provisions which must be met for notification have not been met or the notification requirement has expired.

6.3Those convicted of arson within the previous 10 years or charged with arson are not automatically ineligible for BASS and will be considered on a case by case basis.

6.4BASS will not accept those who have been assessed by OASys currently to pose a High or Very High risk of serious harm.

6.5BASS will not accept those who will be unable to pay rent from their own means or through access to Housing Benefit but may accept placements on a temporary two week basis pending clarification of eligibility for foreign national prisoners or those temporarily excluded from their previous home.

6.6EEA and other foreign nationals are not excluded from BASS, provided that they meet thecriteria above and provided that they are not in breach of immigration laws other than through overstaying an approved period of leave to enter or remain in the UK.