Review of Security Category Category a / Restricted Status Prisoners


Reviews of Provisional Category A and Restricted Status Prisoners



Download 441.18 Kb.
Page10/14
Date26.02.2021
Size441.18 Kb.
TypeReview
1   ...   6   7   8   9   10   11   12   13   14
3. Reviews of Provisional Category A and Restricted Status Prisoners

General
3.1 The Category A Team will ensure that the following reviews of Provisional Category A and Restricted Status prisoners take place:


  • During remand periods - review of security category every 12 months, or sooner if there is new information to indicate that Category A or Restricted Status may no longer be warranted; and reviews of escape risk classifications every 6 months for high risk and every 3 months for exceptional risk.




  • Immediately following conviction and sentence - review of security category; if the prisoner remains Category A, this will be followed by:




  • First Formal Review - this normally takes place approximately 3 months after conviction and sentence. If the decision is that the prisoner should continue to be Category A/Restricted Status, then the prisoner is a confirmed Category A/Restricted Status.

3.2 The DDC High Security is responsible for all final decisions to downgrade provisional Category A / Restricted Status prisoners during remand reviews, on conviction or at their first formal review, but may delegate decision making to a colleague of at least Senior Civil Service 1 grade.


3.3 The DDC High Security (or delegated authority) is also responsible for all final decisions to downgrade a provisional Category A prisoner’s escape risk classification from high or exceptional risk.
3.4 Before approving a Provisional Category A / Restricted Status prisoner’s downgrading the DDC High Security (or delegated authority) must be satisfied that the prisoner does not meet the criteria for Category A / Restricted Status. The DDC High Security (or delegated authority) will make the decision based on the nature and circumstances of the prisoner’s offending, or on any significant change in the prisoner’s circumstances, such as an important change in the charges against the prisoner or substantially impaired health or mobility.
3.5 Before approving a Provisional Category A prisoner’s downgrading from high or exceptional escape risk classification the DDC High Security (or delegated authority) must be satisfied that information suggesting an enhanced escape potential is no longer valid.
Reviews of Category Leading Up to Conviction and Sentence



The categorisation of long sentenced prisoners or those involved in serious crimes takes account of input from Police Intelligence Officers.

3.6 The Category A Team will co-ordinate reviews of the security category of each remanded Provisional Category A / Restricted Status prisoner every 12 months up to the beginning of their trial (or sooner if new information comes to light that warrants a review), and/or immediately upon conviction and sentence.


3.7 The Category A Team will complete these reviews taking into account any new information from police advisers or trial proceedings, and will send the prisoner a notification of the decision within four weeks of the review. Recommendations for a prisoner’s downgrading from Provisional Category A / Restricted Status or for continuation of Category A / Restricted Status will be forwarded to the DDC High Security (or delegated authority) for the final decision.

Prisoners Held under Detainee or Extradition Legislation
3.8 These prisoners will be subject to the same review arrangements as other Category A and Restricted Status prisoners. The DDC High Security (or delegated authority) will conduct a first formal review (see paragraphs 3.14 – 3.18) of each Provisional Category A or Restricted Status prisoner held under such legislation as soon as possible after receipt into custody using available information. If confirmed as Category A or Restricted Status at the first formal review the prisoner will then be subject to annual reviews (see chapter 4) in common with other Category A or Restricted Status prisoners.
Former Category A / Restricted Status Prisoners Returning to Prison Custody
3.9 The Category A Team will review the case of each former Category A / Restricted Status prisoner who has been returned to prison custody having breached licence conditions or a control order and forward to the DDC High Security (or delegated authority) at the next DDC High Security’s monthly panel for the final decision.
3.10 All Category A / Restricted Status prisoners who have returned to prison custody following release to a psychiatric hospital or a prison outside England and Wales must be returned as a Category A / Restricted Status prisoner. Where a prisoner has been outside of the high security estate for a period of less than 6 months the normal review process will be applied. For prisoners returning after a period greater than 6 months the review will be put forward for consideration at the next DDC High Security’s panel.
Escape Risk Classification


    1. The Category A Team will co-ordinate reviews of the escape risk classification of each exceptional risk prisoner every 6 months and each high escape risk prisoner every 12 months as a minimum.

3.12 Where new information comes to light that suggests a prisoner’s escape risk classification is either too low or too high a review will be completed regardless of the review cycle noted above.


Escape Risk Review Preparation


    1. When preparing to complete a high or exceptional risk review the caseworker will gather and ensure that all relevant information is summarised in the submission to be put to the DDC (or delegated authority).




    1. In some reviews the caseworker will consider that information from police sources is required. In such instances a request for information will be made using the form at annex C.




    1. The caseworker will then prepare a submission to be put to the DDC for consideration and decision. When reports are received the caseworker will asses the content as to what information is relevant to the prisoner’s escape risk. Any information that is not relevant will not be included in the submission.

3.16 A copy of the submission intended to be put before the DDC (or delegated authority) must be disclosed to the prisoner at least six weeks prior to the review to allow representations to be submitted.


3.17 Any and all representations must be received by the Category A Team within four weeks of disclosure of the submission
Escape Risk Classification Review
3.18 Following these preparations and two weeks prior to the review the caseworker will pass the submission and all representations to the CART.


    1. Based on the submission and representations the CART will assess the case and make a recommendation on whether a prisoner’s current escape risk classification should be retained or downgraded. The submission, representations and the CART’s recommendation will then be forwarded to the Head of High Security Prisons Group.




    1. The Head of High Security Prisons Group will review the documents noted above and the recommendation of the CART and make a decision as to whether a prisoner’s escape risk is to remain at the current level or to refer the case to the DDC High Security (or delegated authority)




    1. There is no requirement for the Head of High Security Prisons Group to refer the case to the DDC High Security unless:




  • A recommendation for downgrade has been made by the CART







  • It is the third consecutive review where no downgrade recommendation has been made




    1. Where an escape risk classification review has been referred to him/her, the DDC High Security (or delegated authority) will conduct the review with an advisory panel including police advisers, a psychologist and staff from the Category A Team; meetings will normally take place once a month.




    1. The DDC High Security and the advisory panel will consider the submission provided to the prisoner, any and all representations made by or on behalf of the prisoner and the recommendations of the CART and Head of High Security Prisons Group.




    1. Where escape related information is reported in the period between the disclosure of the submission and the date the decision is made and this informs or helps to inform the decision the DDC (or delegated authority) will provide a summary of this in the decision letter to the prisoner




    1. The Category A Team will inform the prison of the final decision immediately after the decision is taken. It will also immediately put into effect any decision to downgrade a prisoner to a lower escape risk classification.




    1. The Category A Team will send the prisoner a notification of the decision detailing the

reasons four weeks after the DDC’s panel.


    1. The same procedures apply to confirmed Category A prisoners who remain in high or exceptional escape risk classification.




    1. The Category A Team will consider and respond to representations against a decision to

keep a prisoner high or exceptional escape risk. The DDC High Security (or delegated

authority) may retake the decision where s/he considers the representations highlight



information not previously considered that could materially affect the decision.
Review following conviction and sentencing


    1. The Category A Team will coordinate a rapid review of the categorisation of a Provisional Category A/Restricted Status prisoner immediately following conviction and sentencing. This will allow a prisoner to be removed from Category A/Restricted Status where any significant development indicates this is appropriate e.g. serious charges not resulting in conviction; convicted of a lesser role in serious offences than had previously been suggested. Otherwise, the prisoner will remain Provisional Category A / Restricted Status until the first formal review.


First Formal Review Preparation



All assessments are completed using prescribed forms.





Prisoners understand the process and the reasons for the decision made in their case.




    1. Provisional Category A / Restricted Status prisoners will normally have their first formal review shortly after their conviction and sentence. Within one week of the prisoner being sentenced the prison must send the Category A Team copies of the following documents: the Crown Court warrant or order for imprisonment (5035 form), the trial record sheet (5089 form), and the prisoner’s previous convictions.




    1. The Category A Team will prepare a review dossier based upon this information. Other information may also be used, including the judge’s sentencing remarks, the indictments and relevant information from the police.




    1. A copy of the completed dossier and an explanatory letter will be sent to the prisoner to allow him / her to submit representations. Copies of the forms to be used in the dossier are enclosed at Annex A. The prisoner must be allowed four weeks to submit representations.




    1. The first formal reviews for Provisional Category A or Restricted Status prisoners received back into custody after revocation of their licence conditions will be completed using the dossier at Annex A. This will be based on the nature and circumstances of the prisoner’s offending (and, where applicable, the reasons for the revocation of licence conditions and return to custody).




    1. The first formal reviews for Provisional Category A / Restricted Status prisoners received back into custody from a psychiatric hospital or a prison outside England and Wales will be completed using the annual review report forms at Annex B. Available psychiatric hospital assessments may also be used.


First Formal Review


    1. Following these preparations, the DDC High Security (or delegated authority) will conduct the first formal review with an advisory panel including police advisers, a psychologist and staff from the Category A Team; meetings will normally take place once a month. The prisoner will be able to submit representations to this review through the disclosure of a dossier summarising the information to be used.




    1. The decision is made for the prisoner to be either Confirmed Category A / Restricted Status or Not Category A / Restricted Status.




    1. In applicable cases, where the prisoner is made a confirmed Category A, a review of the prisoner’s escape risk classification may also take place at the same time.




    1. In cases where a Provisional Category A prisoner is made Not Category A consideration may be given at this point to identifying whether the (Category B) prisoner would require allocation to a dispersal prison within the high security estate. Circumstances under which this recommendation may be made will be based on an assessment of each individual case and will include (but not be limited to):

Escape risk

Length of sentence

Offence type

Gang affiliations

Organised Crime Group associations




    1. In these cases the notification of the decision will include the recommendation that the prisoner should remain in high security conditions until approved by the prison’s Governor for a progressive move following a suitable period of assessment to evidence a reduction in risk.


Post-Decision Process


    1. The Category A Team will consider and respond to representations against a decision to keep a prisoner Category A / Restricted Status. The DDC High Security (or delegated authority) may retake the decision where s/he considers the representations highlight information not previously considered that could materially affect the decision.


Completion of the First Formal Review


Prisoners understand the process and the reasons for the decision made in their case.





    1. The DDC High Security (or delegated authority) will review the prisoner’s case at the next available panel following the disclosure of the dossier to the prisoner.




    1. The Category A Team will inform the prison of the final decision immediately after the review takes place. It will also immediately put into effect any decision to downgrade a prisoner from Provisional Category A / Restricted Status, or any decision to amend a Category A prisoner’s escape risk classification.




    1. The Category A Team will send the prisoner a notification of the decision detailing the reasons four weeks after the DDC’s panel.

4. Reviews of Confirmed Category A / Restricted Status Prisoners


General
4.1 Each prisoner confirmed as Category A / Restricted Status at a first formal review will normally have their security category reviewed two years later, and thereafter annually on the basis of progress reports from the prison. These annual reviews entail consideration by a local advisory panel (LAP) within the establishment, which submits a recommendation about security category to the Category A Team. If the LAP recommends continuation of Category A, and this is agreed by the Category A Team, then the annual review may be completed by the Category A Team without referral to the DDC High Security (unless the DDC has not reviewed the case for 5 years, in which case it will be automatically referred). The DDC High Security (or delegated authority) will remain solely responsible for approving the downgrading of a confirmed Category A / Restricted Status prisoner, following consideration at the Deputy Director’s panel.
4.2 Before approving a confirmed Category A / Restricted Status prisoner’s downgrading the DDC High Security (or delegated authority) must have convincing evidence that the prisoner's risk of re-offending if unlawfully at large has significantly reduced, such as evidence that shows the prisoner has significantly changed their attitudes towards their offending or has developed skills to help prevent similar offending.
4.3 The DDC High Security (or delegated authority) may grant a special review out of the normal sequence of annual reviews where there are exceptional circumstances that suggest the highest level of security may no longer be needed, for example the prisoner’s sentence has been substantially reduced or the prisoner’s health or mobility has seriously deteriorated.
4.4 The DDC High Security (or delegated authority) also may grant a special review if the prisoner has been recommended for parole. Parole assessments are however based on different criteria from security category reviews. A favourable parole assessment does not necessarily indicate that the prisoner would not be highly dangerous if unlawfully at large.
4.5 Annual reviews will also be completed for Category A / Restricted Status prisoners who have served their sentence and remain in secure prison conditions whilst awaiting extradition, and for detainees who have had their Category A / Restricted Status confirmed by the DDC High Security (or delegated authority) at a first formal review.
Oral Hearings
4.6 The DDC High Security (or delegated authority) may grant an oral hearing of a Category A / Restricted Status prisoner’s annual review. This will allow the prisoner or the prisoner’s representatives to submit their representations verbally. In the light of the clarification by the Supreme Court in Osborn, Booth, Reilly of the principles applicable to determining whether an oral hearing should be held in the Parole Board context. The Courts have consistently recognised that the CART context is significantly different to the Parole Board context. In practical terms, those differences have led to the position in which oral hearings in the CART context have only very rarely been held. The differences remain; and continue to be important. However, this policy recognises that the Osborn principles are likely to be relevant in many cases in the CART context. The result will be that there will be more decisions to hold oral hearings than has been the position in the past. In these circumstances, this policy is intended to give guidance to those who have to take oral hearing decisions in the CART context. Inevitably, the guidance involves identifying factors of importance, and in particular factors that would tend towards deciding to have an oral hearing. The process is of course not a mathematical one; but the more of such factors that are present in any case, the more likely it is that an oral hearing will be needed. Three overarching points are to be made at the outset:

1   ...   6   7   8   9   10   11   12   13   14




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page