1. Security protective marking

1.1. Not protectively marked.

 

1.2. This policy has a Standard Operating Procedure (SOP), which remains restricted under exemptions covered by the Freedom of Information Act.

2. Summary of changes

 

2.1. The following changes have been made to this policy on 14 July 2009:

 

• The Standard Operating Procedure (SOP) has been updated.

2.2. This policy is scheduled for review in July 2012.

3. Risk assessment 

3.1.  Risk assessment for temporary release is carried out by the Prison Service in respect of every prisoner who is serving a custodial sentence who requests temporary release from prison for any reason.

 

3.2.  Prison Service Order (PSO) 6300 sets out the Release on Temporary Licence (ROTL) policies and required actions and is incorporated within the provisions of Criminal Justice Act 2003.

 

3.3.  Once a risk assessment has been carried out by the Prison Authority, a full risk assessment would not normally be carried out again for subsequent releases, unless the prisoner has breached any restrictions of a temporary release or committed an offence whilst on temporary leave.
 

 

4. Receipt of request 

4.1.  Requests by the HM Prison Service for information concerning risk assessments (ROTL FORM2 & 2A) will be sent to the Prison Intelligence Unit (PIU), Force Intelligence Bureau (FIB), Force Headquarters.

 

4.2.  Upon receipt of a request the PIU will:

 

• Register the enquiry;
• Carry out Police National Check (PNC)/Genesis checks;
• Allocate the enquiry as appropriate.
  

4.3.  Where previous convictions are requested, by the Prison Service, for the purpose of risk assessment the PIU will send them directly to the prison establishment making the request. In cases where there is a request for views, the prison will be informed that the enquiry has been allocated, if applicable.
 

5. Information from Area

5.1.  Enquiries allocated to Area will be sent to the Area Intelligence Co-ordinator (AIC) who will:

 

• In respect of a request for the views of police;
• consider whether the circumstances of the offender or offence committed justify making a police response to risk assessment and
• if so, ensure the relevant enquiries are carried out and a response completed. 
   
  

6. Views of the police 

6.1.  The seriousness of the offence sentenced for, the previous convictions of, or known intelligence about, the prisoner requesting temporary leave, will determine whether the Area Intelligence Co-ordinator would wish to contribute to the risk assessment procedure.

 

6.2.  The Police should supply relevant factual information relating to prisoner’s criminals antecedents or criminal intelligence which is directly relevant to the decision being made. Police can make suggestions as to release restrictions but the Prison Service are not obliged to implement them. 
 

7. Response to risk assessment
 

7.1.  All responses to risk assessment must be forwarded by fax (19 4759) or e-mail to PIU  in sufficient time to enable them to inform the appropriate prison before the risk assessment hearing. In cases of urgency or where a response is needed immediately then the relevant views can be forwarded directly to the requesting prison.

 

7.2.  Failure to respond will be assumed by the prison authorities to mean, that the victim or police, do not have any views about the risk assessment, and do not object to the temporary release.
 

8. Disclosure and protection of information
 

8.1.  Information provided by the police, to the prison authorities in respect of risk assessment, may be liable to disclosure to the prisoner and close scrutiny in respect of any appeal, of a Prison Governor's decision, not to authorise a temporary release or any other court action taken by the prisoner.
 

9. Notification to Police prior to release  (ROTL 6)

 

9.1.  Prison Governors will in all cases of temporary release notify the police prior to the actual date of release.

 

9.1.1.  Written notification will be sent to PIU including details of any restrictions.

 

9.1.2.  A copy of the written notification will be faxed to the appropriate Area Intelligence Co-ordinator where the prisoner will be spending their period of temporary leave.

 

9.2.  PIU will be responsible for ensuring that the Genesis nominal in respect of prisoners, on temporary release, are updated on their release and return to prison.

 

9.3.  Where the release is a regular occurrence, e.g. every Thursday to attend college, the Genesis nominal will be endorsed as such, instead of every time the prisoner is released and returned to custody.
 

10. Breaches of temporary release restrictions 

10.1.  Any information in respect of breaches of temporary release restrictions, or any activity which casts doubt on the reliability of a prisoner or temporary release, must be notified in writing to the relevant Prison Governor, via PIU.

 

10.2.  Any offence committed by a prisoner whilst on temporary leave will be dealt with in the most appropriate manner, and the Prison Governor notified of the offence.

 

11. Retention and disposal of records

11.1. Documents mentioned in the above policy will be retained for the period specified in the Retention & Disposal of Force Documents Policy (Ref No B18) and the supporting disposal schedule.

12. Equality impact assessment

12.1. This policy has been assessed with regard to its relevance to race and diversity equality. As a result of this assessment the policy has been graded as having a low potential impact.

 

12.2. Attached is the latest equality impact assessment that forms part of the policy review process.