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Custody

With the introduction of the Criminal Justice Act (2003), there is an even greater role for the National Probation Service in managing custodial sentences. From 2006, supervision on leaving prison will be increased for the majority of offenders serving even short custodial sentences.

The creation of the National Offender Management Service brings together the National Probation Service with Her Majesty's Prison Service. This will enable seamless end to end management of a sentence. A probation offender manager will manage an offender throughout the duration of their sentence regardless of whether it is custodial or community. An offender in custody will be supervised on a day to day basis by an officer of the prison service but they will retain contact with their offender manager until they are released at the end of their sentence. They will then be supervised entirely by the offender manager at the probation service.

Custodial sentences (from 2006)

Custody Plus

For lower risk offenders that have been sentenced to under 12 months custody. The offender will serve 2- 13 weeks in custody and complete the remainder of their sentence – 26-51 weeks – under probation supervision. The exact durations of the time spent in custody and in the community will depend on the total length of the sentence.

Intermittent Custody (IC)

Hertfordshire is currently a pilot area for Intermittent Custody for female offenders only. Intermittent Custody means that an offender sentenced to custody spends part of each week in prison and part working back in their community under the supervision of their offender manager. IC allows offenders to retain their responsibilities caring for children or other relatives and allows working offenders to keep their jobs or college places.

IC is only available to offender serving less than 12 months for non violent crimes. Other areas of the country are currently piloting IC for male offenders.

Custody of 12 months or more

Non violent and non sexual offenders will receive a sentence of a set duration and will be released at the half way point. The remainder of their sentence will be spent in the community on licence, under their supervision of their offender manager.

Indefinite Public Protection Sentence (IPP)

For serious offences that carry a sentence of ten years of more, a court can impose IPP. It will set a tariff that will be served and release can be controlled only by the Parole Board. On release, the offender will be supervised by the probation service for a minimum of ten years.

Life sentences can still be imposed for relevant offences such as murder or rape and life licences can still be used which place an individual under our supervision for life.

Extended Public Protection Sentence (EPP)

An Extended Public Protection Sentence can be imposed for serious offences that carry a sentence of less than 10 years. A total sentence will be imposed of which the time spent in custody will be at least 12 months. Release will take place during the second half of the custodial element at the discretion of the Parole Board.  There will then follow a period on licence of up to 5 years (for violent offences) or 8 years (for sexual offences). Conditions may be attached to the licence.

Licences

Whilst an offender is on licence, he/she will be supervised by an offender manager who will meet with them at appropriate intervals. Sometimes, conditions will be attached to a licence. For example, an offender may not be allowed to live in or visit certain areas.

Recalls

Whilst on licence, if an offender breaches its terms or gives cause for concern,  he or she can be recalled to prison. Recall takes place within 24 hours of the recommendation being made by the probation service.
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