HANDLING OF SENSITIVE INFORMATION, INCLUDING … · HANDLING OF SENSITIVE INFORMATION, INCLUDING...

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HANDLING OF SENSITIVE INFORMATION, INCLUDING INFORMATION PROVIDED BY VICTIMS, FOR THE PURPOSE OF PAROLE BOARD REVIEWS This instruction applies to : Reference : Prisons Providers of Probation Services Public Protection Casework Section, NOMS HQ PSI 15/2016 PI 14/2016 Issue Date Effective Date Implementation Date Expiry Date 26 October 2016 26 October 2016 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) Community Rehabilitation Companies (CRCs) NOMS Immigration Removal Centres (IRCs) Other Providers of Probation and Community Services Governors Heads of Groups NOMS Rehabilitation Contract Services Team * If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons Instruction type Service Specification Support / Service improvement For information All staff involved in the handling of sensitive information submitted to the Parole Board as part of the parole or recall process Provide a summary of the policy aim and the reason for its development / revision This PSI/PI provides all staff in prison establishments, National Probation Service, including Victim Liaison Units, and Community Rehabilitation Companies guidance on the handling of sensitive information submitted to the Parole Board as part of the parole or recall process. It has been updated to include guidance on new procedures for submission of prison security information to parole dossiers. Contact [email protected] Associated documents PSI 22/2015 PI 14/2015 Generic Parole Process (GPP) for Indeterminate and Determinate Sentence Prisoners PI 48/2014 Victim Contact Scheme Manual PSI 30/2014 PI 27/2014 Recall, Review & Re-Release of Recalled Offenders Agreement between NOMS and the Parole Board for the Exchange of Prison Security Information Replaces the following documents which are hereby cancelled: PSI 26/2014 PI 22/2014 Handling of Sensitive Information Provided by Criminal Justice Agencies

Transcript of HANDLING OF SENSITIVE INFORMATION, INCLUDING … · HANDLING OF SENSITIVE INFORMATION, INCLUDING...

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HANDLING OF SENSITIVE INFORMATION, INCLUDING INFORMATION PROVIDED

BY VICTIMS, FOR THE PURPOSE OF PAROLE BOARD REVIEWS This instruction applies to :

Reference :

Prisons Providers of Probation Services Public Protection Casework Section, NOMS HQ

PSI 15/2016 PI 14/2016

Issue Date Effective Date Implementation Date

Expiry Date

26 October 2016 26 October 2016

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) Community Rehabilitation Companies (CRCs) NOMS Immigration Removal Centres (IRCs) Other Providers of Probation and Community Services Governors Heads of Groups NOMS Rehabilitation Contract Services Team

* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons

Instruction type Service Specification Support / Service improvement For information All staff involved in the handling of sensitive information submitted to

the Parole Board as part of the parole or recall process Provide a summary of the policy aim and the reason for its development / revision

This PSI/PI provides all staff in prison establishments, National Probation Service, including Victim Liaison Units, and Community Rehabilitation Companies guidance on the handling of sensitive information submitted to the Parole Board as part of the parole or recall process. It has been updated to include guidance on new procedures for submission of prison security information to parole dossiers.

Contact [email protected] Associated documents PSI 22/2015 PI 14/2015 – Generic Parole Process (GPP) for

Indeterminate and Determinate Sentence Prisoners PI 48/2014 – Victim Contact Scheme Manual PSI 30/2014 PI 27/2014 – Recall, Review & Re-Release of Recalled Offenders Agreement between NOMS and the Parole Board for the Exchange of Prison Security Information

Replaces the following documents which are hereby cancelled: PSI 26/2014 PI 22/2014 – Handling of Sensitive Information Provided by Criminal Justice Agencies

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Audit/monitoring: NOMS Public Protection Casework Section will monitor compliance with the mandatory requirements in this instruction on a case by case basis and issues that cannot be resolved locally will be escalated to senior managers/directors as required. Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

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

Section Title For reference by

1 Executive Summary All staff

2 Background to withholding sensitive information in respect of Parole Board consideration for release on parole or re-release following recall.

All staff

3 Handing arrangements in respect of withholding sensitive material from the prisoner

All staff responsible for supplying information to the Parole Board.

4

Special categories of information that may need to be withheld

All staff responsible for supplying information to the Parole Board.

5 Inclusion of prison security information in parole dossiers PPCS and Prison

Annex A Application for the non-disclosure of sensitive information Any staff responsible for supplying

information to the Parole Board.

Annex B Mercury template PPCS and Prison

Annex C SPR-H template PPCS and Prison.

Annex D Covering letter for Victim Personal Statements PPCS and Offender Manager

Annex E Flowchart – identifying and gisting information All staff responsible for supplying information to the Parole Board.

Annex F Flowchart – submitting an application to withhold information

All staff responsible for supplying information to the Parole Board.

Annex G Flowchart – outcomes, appeals and withdrawing information

All staff responsible for supplying information to the Parole Board.

Annex H Glossary of terms All staff

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1. Executive Summary

Background 1.1 This Instruction updates PSI 26/2014 / PI 22/2014. It sets out arrangements for the handling

of sensitive material, where it is deemed necessary to apply to the Parole Board to withhold the material from the prisoner. This includes new processes for submitting sensitive security information to the Parole Board.

1.2 Rule 7 of the Parole Board Rules obliges the Secretary of State to provide specified

information to the Parole Board. It is essential that the Board is able to make an accurate assessment of risk, thereby fulfilling its role in protecting the public. The assumption is that any information which is relevant to a prisoner’s risk within the community must be disclosed to the Parole Board, even if it is not suitable for disclosure to the prisoner.

1.3 NOMS, including individual prisons, as well as the National Probation Service (NPS) and Community Rehabilitation Companies (CRCs), must make available to the Parole Board any information that may be pertinent to a prisoner’s risk .i.e. to the management and assessment of the risk of serious harm and likelihood of reconviction posed by the prisoner

1.4 This must be done safely, securely and accountably. Where consideration is given to withholding information from prisoners, understanding of and compliance with the relevant policies and protocols (including this PSI/PI and the Parole Board Rules 2011) must be demonstrated throughout.

1.5 The final decision whether to withhold information from a prisoner ultimately rests with the Parole Board. However, the Parole Board Rules do provide the Secretary of State with the power to withdraw material that the Parole Board has directed be disclosed to the prisoner if he considers it is appropriate to do so.

1.6 Much of the sensitive information is likely to relate to victims. Victims who have elected to receive the National Probation Service Victim Contact Service may make a Victim Personal Statement (VPS) to the Parole Board, setting out the impact of the offence and what the impact of release would be. Victims may also make representations about licence conditions, and the Victim Liaison Officer may also submit a Victim Contact report to provide information about the victim issues and concerns to the Parole Board. The information about victims must be treated as highly sensitive and personal, and the guidance about storage and disclosure of this information to prisoners set out here must be followed.

1.7 All references to Governor also refer to Controllers of private prisons. All References to Offender Manager (OM) refer to either National Probation Service (NPS) or Community Rehabilitation Company (CRC) OMs, unless otherwise stated.

Desired outcomes 1.8 Compliance with this Instruction will to ensure that:-

All relevant information is shared with the Parole Board;

Information is withheld from prisoners only where necessary;

There are sufficient safeguards in place to protect any individual, including victims, agency or source; and the integrity of the information;

Information owners are fully involved and consulted in the management of their information;

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VLOs are clear that eligible victims must be given the opportunity to submit a VPS for all Parole Board reviews, including determinate sentence parole reviews.

VLOs can give accurate information to victims and know where to obtain advice about withholding information if required

There are clear procedures and processes in place to handle and store victim information, in particular the VPS intended for the Parole Board, and to make applications to withhold the VPS from the prisoner where it is considered necessary to do so.

Staff are aware of how to deal with cases in which a victim has included information in their VPS to the Parole Board which is unknown to the NPS or the CRC. This was set out in a Senior Leader’s alert in May 2015 and is now incorporated into this PSI/PI.

The review process is fair. Application 1.9 This instruction applies to all prisoners eligible for discretionary conditional release by the

Parole Board. This includes all indeterminate sentence prisoners (ISP) and determinate sentence prisoners serving Discretionary Conditional Release (DCR) sentences, Extended Sentences for Public Protection (EPP), Extended Determinate Sentences (EDS) and Sentences for Offenders of Particular Concern (SOPC). The Instruction also applies to Parole Board reviews for all recalled prisoners.

1.10 Section 2 sets out the background to disclosing and withholding material from prisoners in

the context of Parole Board proceedings, including victim information. 1.11 Section 3 explains the arrangements for withholding sensitive information and applies to

prisons and all providers of probation services. Whilst the NPS will manage those prisoners subject to consideration by the Parole Board for discretionary release on parole, there will be some recalled prisoners managed by CRCs who will be subject to standard recall and review by the Board. CRCs may, therefore, be required to submit sensitive information to the Board in line with this instruction.

1.12 Section 4 provides guidance on the handling of specific types of sensitive information. 1.13 Section 5 provides guidance on the new process for providing security information to the

Parole Board. Key changes since PSI 26/20014 / PI 22/2014 1.14 The key changes in this PSI/PI are as follows:

security reports (including nil returns) are now mandatory for all Generic Parole Process (GPP) reviews. This change will apply to GPP reviews with end dates of 1 July 2017 onwards and the first mandatory security reports will be due on or around 12 December 2016. Security reports remain optional for recall reviews;

there is a new procedure for the disclosure of security information during the parole process, which is described in Section 5;

Annex C provides a new security report template (the SPRH) for use in both determinate and indeterminate parole dossiers;

PPCS is responsible for drafting and submitting applications for non-disclosure in respect of VPS and for notifying the VLO of the outcome;

there is a new process for storing a VPS within prisons, which is intended to allow the prisoner reasonable access to it. This applies in cases where the VPS may be disclosed but the need for secure storage of the VPS applies equally to those where PPCS have submitted an application for non-disclosure and are awaiting a decision.

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The utmost care should be taken to prevent the contents of the statements being disclosed to third parties;

when the Parole Board rules in favour of withholding information, prisoners who do not have a representative will automatically be deemed to have appealed; and

flowcharts setting out the processes for withholding sensitive information are included at Annex E, Annex F and Annex G

Mandatory actions 1.15 All staff must be familiar with this instruction and comply with the mandatory instructions

contained within it [mandatory actions are in italics]. Governors, NPS and CRC Managers and Head of PPCS must ensure that all staff are made aware of this Instruction.

1.16 Withholding information must be the exception rather than the rule. Where the Governor, OM

or the VLO considers that material cannot be safely disclosed, they must contact PPCS to discuss whether or not the material is relevant to the Parole Board’s assessment of the level of risk presented by the prisoner. If the information is relevant to risk, it must be shared with the Parole Board and consideration must be given as to how that might be achieved. This is the case even if the information has come from a victim.

1.17 Governors, managers of probation services and Head of PPCS must ensure that the

disclosure of sensitive information is considered by staff who have an understanding of the parole process for both determinate and indeterminate sentence prisoner and overseen by a nominated senior manager

1.18 All Victim Contact reports and VPSs must be sent directly to PPCS and not to the prison

or Parole Board. If a victim requests that they do not wish the VPS to be disclosed to the prisoner, the VLO must inform PPCS and provide relevant supporting information, to enable PPCS to assess whether a non-disclosure application should be made to the Parole Board.

1.19 PPCS must follow the process set out below for sending the VPS and victim contact report

to the prison. 1.20 VPS held within the prison must be stored in line with the requirements set out in paragraphs

4.18 – 4.20 below. 1.21 Governors must not disclose a VPS to a prisoner without first consulting PPCS,

regardless of any Parole Board decision on disclosure. Even if the Parole Board directs that a VPS should be disclosed, PPCS may decide to appeal the decision or the victim may choose to withdraw the VPS

1.22 In every case where a Governor or manager of probation services wishes to apply to the

Parole Board to withhold information from a prisoner, they must contact PPCS immediately for advice and for any application to be made. Guidance contained within section 3 of this Instruction must be followed. Under no circumstances must establishments or providers of probation services directly contact the Parole Board about withholding information.

1.23 In all cases where sensitive information is being withheld from a prisoner, care must be taken

that the information owners, i.e. the agency or person responsible for it, are involved in its handling and are informed of the requirements and obligations regarding disclosure outlined in this Instruction.

1.24 For all parole-eligible prisoners, establishments must notify PPCS immediately if they

become aware that a prisoner is facing further charges or is under investigation by the police. Contact details for the investigating officer must also be provided, if known.

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Resource impact 1.25 There will be a minimal resource impact on staff in NPS, CRCs or PPCS resulting from this

Instruction, as much of this work is already being undertaken. However, there will be a small initial resource impact on prisons in terms of training analysts in compiling security reports as per section 5 of this instruction.

1.26 If the new policy is effective in preventing Parole Board hearings being deferred or protracted

engagement between NOMS staff and the Parole Board over disclosure of sensitive material, then the overall effect of this instruction will be a modest saving in resource.

(Approved for publication) Phil Copple Chief Operating Officer

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2. Withholding Information – Background 2.1 This Instruction is in relation to the disclosure of sensitive information to the Parole Board

either as part of the parole process or the review of recall prisoners’ continued detention. There are a number of parties to these processes: The Parole Board, the Secretary of State (represented by NOMS/PPCS), probation (NPS, CRCs and Victim Liaison Units), prisons, and the prisoner (including their representatives). It will cover both paper and oral hearings.

Parole Board 2.2 The Parole Board is an independent Executive Non Departmental Public Body established

by statute. It is responsible for directing the release of tariff-expired indeterminate sentenced prisoners and the release of those determinate sentence prisoners who are subject to discretionary release (parole). It also determines whether it is safe to re-release recalled prisoners who are subject to a standard recall. The Parole Board also makes recommendations to the Secretary of State on whether an indeterminate sentenced prisoner should be moved from closed to open prison conditions, and determines the conditions to be included within the licences of released indeterminate sentence prisoners and those determinate sentence prisoners where it has directed discretionary release.

2.3 The Parole Board Rules 2011 (as amended in 2014) contain the procedures that Parole

Board reviews must follow. Rule 8 sets out the Board’s powers in respect of directing whether information should be disclosed to, or withheld from a prisoner. The provisions apply to all cases, regardless of whether the review is concluded by way of an oral hearing or on the papers alone.

2.4 The Parole Board is not bound by the normal rules of evidence when making decisions about

release or licence conditions. Sitting as a court-like body, it may receive in evidence any document or information, even if that information would be inadmissible in a court of law. It may also receive hearsay evidence and opinion. When taking its decision it applies the civil test of the balance of probabilities.

Secretary of State 2.5 The Secretary of State is one of the two parties to Parole Board hearings, the other party

being the prisoner. In accordance with Rule 7, he has a duty to provide the Board with the information specified in the Rules, as well as any additional information he considers relevant to the case.

2.6 PPCS is responsible, on behalf of the Secretary of State, for the referral of cases to the

Board, as well as overseeing the management of such cases during the parole and recall process, and ensuring compliance with Parole Board directions. In parole cases, the prison is responsible for commissioning and submitting the mandatory reports to the dossier. In recall cases, the NPS or CRCs are responsible for completing the request for recall report and any subsequent risk management reports.

2.7 The Secretary of State may be represented in person at oral hearings, particularly in complex,

high risk or high profile cases. The Secretary of State’s Representatives are based in PPCS and can be contacted directly or via PPCS case managers. The Secretary of State is represented at all oral hearings attended by victims.

Prisoner 2.8 The prisoner has a right to see information submitted to the Parole Board in respect of his/her

case, except where such information is withheld under the terms of the process described in section 3 of this instruction. They may also request that their case is considered at an oral

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hearing, though this request will not automatically be granted. Prisoners may be legally represented or have other representation and can make written representations to the Board. At oral hearings they have the right to attend the hearing, request witnesses, and to give evidence in person.

Examples of sensitive information 2.9 The following are types of information that may be sensitive but this is by no means an

exhaustive list:

Prison security intelligence

References to alleged offences (such as unreported domestic violence)

Information from the police or security services about planned offences

The VPS and victim contact report

Personal information about the victim (such as their address or medical issues)

2.10 Individual agencies need to be clear about the ownership of any sensitive information and

consider whether or not it is necessary to share the information. Section 4 of this Instruction

contains relevant guidance on this and the role of MAPPA with regard to disclosure to the

Parole Board.

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3. Handling arrangements for withholding information 3.1 Exceptionally, sensitive material may be withheld from a prisoner in the context of their parole

or recall review on the grounds that disclosure would adversely affect:

a) national security; or

b) the prevention of crime or disorder; or

c) the health or welfare of the prisoner or any other person.

Some of the circumstances when it may be necessary to withhold material are: applications

under (a) are likely to arise in cases where an individual has been convicted of terrorism-

related or other extremist offences. Withholding under (b) is likely to arise where the individual

is believed to be involved in organised crime. In the case of (c) it may apply to victims or to

sources of intelligence who may be known to the prisoner. However, it should be remembered

that types of information which are appropriate for non-disclosure cannot be prescribed.

3.2 Consideration about whether to apply to withhold information must be made as soon as the

sensitivity of said information becomes apparent. In the case of prison security files, this will

normally be the point at which security information is requested for inclusion in the dossier.

In other instances, it might be at the point that intelligence is received from the police or

following receipt of a VPS and confirmation that the victim does not wish it to be disclosed.

As soon as prison or probation services staff identify information that may need to be withheld

they must contact the relevant PPCS case manager to alert them.

3.3 Once the Parole Board has received the dossier, it may direct the provision of further

information in accordance with Rule 10. The sensitivity of such information cannot detract

from the need to comply with Directions and concerns about disclosure of the further

information must be raised immediately with the PPCS case manager.

3.4 Applications to withhold information must only be made where absolutely necessary as in the interests of fairness, the presumption must always be in favour of disclosing all available information to the prisoner concerned.

3.5 Where it is deemed to be necessary to seek to withhold information from a prisoner, in most

cases it is likely to be possible for information to be presented in an alternative way, without jeopardising either the safety of an individual or the source of information. Usually this will mean supplying the prisoner with a gist of the information, sufficient upon which to instruct their legal representatives, whilst providing the Board and the solicitors with the full piece of information. This usually includes making a brief gist of a VPS when seeking to withhold it from the prisoner.

3.6 Exceptionally, withholding information without providing the prisoner with a gist or seeking to

present it in an alternative way can be considered where it is clearly evidenced that providing such a gist would:

jeopardise the health or welfare of a third party;

undermine national security;

damage a covert operation to maintain prison security or tackle criminal activity

Any such application to withhold information must set out clearly the reasons why a gist

cannot be provided. PPCS case managers must consult their Heads of Casework when such

an application is being considered.

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Governor or Offender Manager’s role in withholding information 3.7 Where the Governor or OM considers that material cannot be safely disclosed, mindful of the

criteria for withholding sensitive information as set out in paragraph 3.1 above, they must give initial consideration as to whether the material is critical to the Parole Board’s assessment of the level of risk presented by the prisoner. In other words, is the sensitive material of relevance to the Board’s assessment? In cases where the Governor or OM considers that information should be withheld, or where there is doubt, PPCS must be consulted without delay.

3.8 The potential need to apply to withhold information on grounds of national security will

normally be determined initially by the OM in collaboration with MAPPA partners. See section 4 of this instruction.

3.9 If the information is not considered to be relevant, and/or is referred to elsewhere in the

dossier, it does not have to be submitted to the Parole Board. However, where relevance is established, i.e. the information is likely to assist the Parole Board’s assessment of the level of risk presented by the prisoner, then it must be shared with the Board in order to enable the Board to fulfil its statutory obligations in protecting the public. Concern that the Parole Board could decide to disclose the information to the prisoner is not sufficient grounds on which to withhold such information from the Board.

3.10 Before an application to withhold the information from the prisoner is made, the Governor or

OM must consider whether that material could be re-written as a sanitised version. This would be appropriate where it is possible to exclude the detail without reducing its impact. This might involve re-writing a report to exclude the names of third parties and/or references that might enable a third party to be identified. If this can be achieved then it will not be necessary to make a non-disclosure application.

3.11 Where information is deemed unsuitable for presentation even in a sanitised version, an

application must be made to withhold it from the prisoner. In the first instance, the Governor or OM must contact the PPCS case manager for advice, specifying the criteria under which the application is being made and giving reasons for doing so. The reasons must clearly and concisely express the concerns, including how the disclosure of information in any form might

compromise one of the three interests in paragraph 3.1. In all cases, if a formal application

is submitted then PPCS must share the full and un-redacted source material with the Parole Board.

3.12 For all applications to withhold information, except those relating to Victim Personal

Statements, the Governor or OM must either:

(i) prepare a gist of the information being withheld. The gist must include the substance of the material in sufficient detail to enable the prisoner to instruct his legal representative. Careful consideration must be given to drafting the gist in such a way that it does not indirectly divulge the identity of any source or third party; or

(ii) provide reasons why it is not possible to provide a gist. The reasons must explain why a gist could not be constructed without: jeopardising the safety of a third party: or undermining national security; or damaging a covert operation to maintain prison security or tackle criminal activity. Before drafting such reasons, the Governor must consult the PPCS case manager.

3.13 The top of each page of the non-disclosable document must be clearly marked in capitals

‘NOT FOR DISCLOSURE – REQUESTED BY GOVERNOR/*OFFENDER MANAGER (* delete as appropriate)

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3.14 All information, including the un-redacted sensitive material and, where appropriate, the draft gist, must be sent to PPCS. Under no circumstances should any party other than PPCS send any material directly to the Parole Board. The flowchart at Annex E summarises the process for identifying potentially sensitive information.

3.15 When an application to withhold information is accepted by the Parole Board, care must be

taken to ensure that the material is not referred to elsewhere in the parole dossier. 3.16 For guidance on gists for Victim Personal Statements, see paragraphs 4.10. PPCS’ role in withholding information 3.17 PPCS must consider all applications (including requests for applications to withhold a VPS)

and any accompanying gist within 2 working days of receipt. The case manager must escalate any non-disclosure applications to their team manager immediately. Further escalation to senior managers and consultation with lawyers may be appropriate. Applications to withhold information are made in the name of the Secretary of State for Justice: PPCS will therefore liaise with, and advise the OM, Governor or VLO throughout the application process and agree the final wording with them prior to submission. PPCS will then complete the form ‘Application for the non-disclosure of sensitive information’ (Annex A of this Instruction) and submit it, together with the sanitised/gisted version of the material, if appropriate, and the un-redacted source material, to the Parole Board. The application must be uploaded to PPUD, with the appropriate protective markings and measures in place. The case manager must inform legal representatives that a non-disclosure application has been submitted but further detail must not be divulged at this point.

3.18 When the Parole Board has made a decision on a request to withhold information under

Rule 8(1) of the Rules, it will notify the PPCS case manager who will notify the other parties including the owner of the information in question and the prisoner’s legal representative.

3.19 Unless the Board directs otherwise, the information being withheld will normally at this stage

in the process be disclosed to the prisoner’s legal representative, who must first give the Secretary of State a formal written undertaking that it will not be disclosed further, in accordance with Rule 8(4). The undertaking is binding and of indeterminate duration. Once this written undertaking has been received, the PPCS case manager must disclose the information to the legal representative without delay. Rule 8(3)(a) requires that the material withheld from the prisoner be disclosed to their representative, provided that the representative is:

A barrister or solicitor;

A registered medical practitioner; or

A person whom the Parole Board panel chair directs is suitable by virtue of his/her experience or professional qualification.

3.20 Where an application is made to withhold information from a prisoner who does not, for

whatever reason, have representation, the resultant implications for a fair and just hearing will be taken into account by the Parole Board panel chair.

3.21 The Parole Board may permit the withholding of information from both the prisoner and their

representative where the representative does not fall into one of the categories described in Rule 8 (3)(a) and paragraph 3.19. In any other case, there may be scope for withholding material from an authorised representative but only in very exceptional circumstances. Applications to withhold information from prisoner representatives must be signed of by PPCS Heads of Casework. Governors and OMs must provide compelling evidence as to why it is necessary to apply to take this exceptional step. Where it is agreed, exceptionally, to

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make such an application, the application will be drafted by PPCS in consultation with MoJ lawyers. See paragraphs 3.30 - 3.31 for more information.

3.22 Where the Board directs that the material can be withheld and a gist has been prepared,

PPCS must take immediate steps to ensure that the gist is served on the prisoner. Handling Withheld Information at an Oral Hearing 3.23 PPCS must make Secretary of State witnesses aware that the prisoner’s representative (who

will have sight of all the material) can ask questions about all evidence - including any material withheld from the prisoner - at the oral hearing, or in written representations beforehand. Where information has been subject to a Direction from the Parole Board that it be withheld from the prisoner, the panel chair will usually arrange for part of the hearing to be held without the prisoner being present. This is known as a “closed hearing”. In the vast majority of cases the prisoner’s legal representative will have seen the sensitive material and so will be in attendance. The Parole Board panel and the legal representative may ask further questions about the sensitive material at a closed hearing. If at any time it becomes necessary to share information which has not already been shared in written form, and which is not for disclosure to the prisoner, that oral evidence will be subject to the same Direction and the legal representative will not be allowed to share it with the prisoner.

The Right of Appeal 3.24 Where the Parole Board makes a direction to withhold material under Rule 8(1), the prisoner,

through their legal representative, has the right to appeal to the Chairman of the Parole Board against the direction. Equally, where the Parole Board directs that the material must be disclosed in full to the prisoner, the Secretary of State has the right to appeal. Managers in PPCS must consider whether to submit an appeal against the decision to refuse the application and for drafting the appeal. The owner of the material must be consulted in order to establish whether and on what grounds to appeal. An appeal must be submitted in writing within 7 days of the direction being received, pursuant to Rule 10 (3), and the party making the appeal must send a copy to the other party.

3.25 Where the Parole Board direct that information cannot be withheld, the prison must not

disclose it to the prisoner without permission from PPCS so an appeal can be considered. 3.26 Where a prisoner does not have a representative, they will automatically be treated as having

made an appeal. PPCS will have a 7 days to make any further representations and the decision to withhold information will then be referred to the Chairman of the Parole Board for a final decision.

Withdrawing Information from the Parole Board 3.27 If an application to withhold information has been unsuccessful then Secretary of State has

the right under paragraph 8 of the Rules to withdraw the material rather than disclose it. The Secretary of State has 7 days in which to take the decision and overriding consideration must be the protection of the public. Once the information owner has been consulted, the final decision whether to withdraw the material will be taken by the Head of PPCS. All relevant parties will be notified of the decision by PPCS.

3.28 Victim Personal Statements about the impact of the crime are optional and, as such, if the

Parole Board directs that they be disclosed to the prisoner against the wishes of the victim,

they can be withdrawn with the victim’s agreement. Section 4 of this Instruction contains more

detail on the handling of Victim Personal Statements and Victim Contact Reports. Any victim

issues must be handled with the utmost sensitivity. Efficient liaison between PPCS, OMs and

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VLOs is of the utmost importance and VLOs must keep victims informed of developments in

a timely fashion.

3.29 Flowcharts explaining the application and outcome phases of withholding information can be

found at Annex F and Annex G. Special Advocate

3.30 Exceptionally, in cases where the Parole Board has directed that information be withheld from a prisoner and his legal representative, in the interests of fairness the Board may seek the appointment of a Special Advocate, particularly in instances where crucial evidence has been withheld. Special Advocates are specially trained lawyers appointed by the Attorney General who are instructed to represent a person's interests in relation to material that is kept secret from that person (and his ordinary lawyers) but analysed by a court or equivalent body at an adversarial hearing held in private. In some circumstances, the appointment of a Special Advocate might be an important safeguard for maintaining control of extremely sensitive material. However, use of Special Advocates is exceptionally rare and must not be relied upon as a readily available resource when considering withholding information.

3.31 The PPCS Head of Casework will make submissions on behalf of the Secretary of State in

respect of Special Advocates and will liaise with all interested parties.

Recall cases 3.32 In recall cases the handling arrangements for withholding information are as set out above,

except that PPCS case managers must consider and, where appropriate, submit to the Parole Board all applications to withhold within 24 hours of receipt. OMs and PPCS case managers must be mindful of the expedited timescales involved in recall cases. OMs must, where possible, arrange for the sanitising of sensitive information at the time of making the recall request, or provide a gist and apply to withhold the information as per paragraphs 3.7 - 3.16 above. Where this cannot be provided this must be explained at the time of submitting the recall request and submitted as soon as possible thereafter.

3.33 Given the expedited timescales in recall cases, it is essential that OMs take time to clearly

mark non-disclosure information. The information must be provided on a separate document and not included or referred to in the recall breach report (Part A).

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4. Special categories of information handling 4.1 There are some categories such as extremism, domestic violence, victims and MAPPA cases

where disclosure requires particularly careful consideration. Whilst following the procedures outlined above, the disclosure of sensitive information in the categories below will need to take account of particular factors as highlighted below.

Extremism

4.2 NPS OMs who are managing extremist prisoners, particularly those convicted of offences under terrorism legislation or whose offences are related to terrorism, may have access to different levels of sensitive information from a variety of sources including Police and the Security Service.

4.3 The management of risk presented by these prisoners is managed through the MAPPA

process and so the process of handling information should be as outlined below in 4.25 onwards. The Security Service is not a partner agency in MAPPA but is able to pass relevant information into MAPPA through the Police.

4.4 Partner agencies and other stakeholders need to be mindful of this instruction and the

responsibility of the Parole Board in relation to sensitive information. Of particular note is that information is owned by the responsible agency or person and ownership is not lost once the material is submitted to the Parole Board.

4.5 Where there may be protocols within MAPPA for sharing sensitive information, if it forms part

of the executive summary (see para 4.28 below), the Parole Board will be in a position to determine whether such information is withheld or not, even when the information is likely to be of the nature of the grounds as set out in 2.9.

4.6 If help is required in explaining this to partner agencies, PPCS can provide assistance. Victims 4.7 All victim related issues must be handled with the utmost sensitivity at all times. In discussing

with victims the preparation of a Victim Personal Statement (VPS) or Victim Contact Report (VCR), VLOs must ensure that they explain to victims that except in the circumstances in paragraph 4.8 below, the VPS will be disclosed. Any application for non-disclosure cannot be guaranteed as the final decision rests with the Parole Board. If the victim agrees that the VPS is suitable for disclosure, it will be shared with the prisoner by prison staff. VPSs and/or VCRs must not be retained in the prisoner’s possession, although prisoners must be allowed reasonable access to them. They should only read the VPS and VCR under supervision, or when locked in their cell alone. The documents should be stored with the prisoner’s file in the Offender Management Unit (OMU), and prisoners and must not be allowed to take them away.

4.8 To withhold a VPS it will be necessary to demonstrate that the victim will be caused harm by

the very fact of the disclosure, over and above any distress already caused by the offence and the forthcoming Parole Board, and that the prisoner will not be disadvantaged because the VPS contains information about the impact of the offence only. PPCS will take responsibility for drafting an application to the Board to withhold the VPS/VCR from the prisoner. The VLO must provide PPCS with the necessary information in support of such an application and to make sure that the victim is kept informed of the progress of the application, through liaison with PPCS. If an application to withhold a VPS/VCR is rejected by the Parole Board, the decision can be appealed (as per paragraph 3.24); if the appeal fails, the VPS/VCR can be withdrawn as per paragraph 3.28. Where the victim states that they wish

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the VPS/VCR to be withdrawn, PPCS must advise the Parole Board accordingly. PPCS must ensure that effective liaison is maintained with VLOs and OMs throughout this process. VLOs must be given sufficient time to consult victims and to allow them to make an unhurried and unpressurised decision.

4.9 When discussing whether to apply to withhold a VPS with the victim, the VLO must also ask

the victim to consider giving consent for a gisted version of the statement to be prepared which can be disclosed. The Parole Board have indicated that it will strengthen the application to withhold a VPS if there is gisted version that can be disclosed to the prisoner. On receipt of an application, PPCS will check with the VLO for confirmation on whether the victim has given their consent for a gist to be produced. If consent is given then PPCS will prepare a draft and send this to the VLO for comments. The victim must approve the gist before it will be submitted to the Parole Board.

Information from victims that may be relevant to risk 4.10 PI 48/2014 - The Victim Contact Scheme Manual, is clear that victims should be advised that

the VPS should be purely about the impact of the offence, and the impact that release would

have upon them. It should not contain information related to the risk presented by the

offender. If the victim has information about risk – for example if they have had unwanted

contact from the offender – this information must be passed from the VLO to the Offender

Manager who, together with PPCS, must consider whether it is relevant to current risk and if

it should be included in the dossier for the Parole Board.

4.11 If the OM or VLO believes that a VPS contains new information relating to risk, they must

contact PPCS as a matter of urgency for advice. The VLO will also need to explain to the

victim, particularly in those cases where the victim has indicated that they do not want the

VPS/VCR disclosed to the prisoner, the implications of including material relating to the

prisoner’s risk. In short, if a VPS/VCR contains risk related information which is not

covered elsewhere in the dossier of reports submitted to the Parole Board, then it

cannot be withheld from the prisoner.

4.12 Any information contained within a VPS/VCR that relates directly to the prisoner’s risk of

harm, such as allegations of unauthorised contact from the prisoner, or a history of previously

unreported domestic violence, is relevant to the Parole Board’s decision making. As such,

the Board must have the opportunity to question the prisoner about risk-related issues and

the prisoner has the right to instruct his legal representative on how to respond to such issues.

Where such evidence is included, the victim must be warned that the Parole Board

may want the victim to give evidence and be asked questions about it.

4.13 Where victims present new and hitherto unknown information related to risk in their VPS, a

reasonable attempt must be made to investigate the information. Examples of such

information which could reasonably be investigated might include, for example, allegations

that the offender had previously been arrested, or had been on police bail at the time of the

index offence, or charged with previous offences.

4.14 PPCS will co-ordinate the investigation and will first seek to substantiate the information by

cross-referencing it with other reports in the parole dossier. Where PPCS identifies new risk

related material or where it is unable to corroborate it in the dossier, it will contact the VLO

and/or OM for assistance, for example, to ask that enquiries are made with local courts or

police. Prison staff may also be consulted as appropriate. It is important that when

investigating such allegations, accurate information, in particular about the possible dates of

the alleged incidents are provided to the agency of which enquiries are being made.

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4.15 If risk-related information contained within the VPS cannot be corroborated, PPCS has a duty

to make the Parole Board aware who in turn may decide to disregard it. This should be done

by way of a covering letter to the Parole Board Chair. The letter must:

clearly set out exactly which parts of the VPS have been investigated and confirm the

information is not available anywhere else in the dossier. (A general reference to the

VPS is not acceptable)

set out what has been done to try and verify the information

4.16 Although it will require sensitive handling, the victim must be told of the letter. It gives them

an extra opportunity to withdraw the information if they wish to do so, or to provide further

evidence if they are able to.

4.17 If PPCS is of the view that it has a duty to disclose such information, contrary to the wishes of the victim, then the only option is for it to be presented in a different way. For example, the information could be “gisted” in such a way that it becomes disclosable to the prisoner and included in a Victim Contact Report, or in the OM’s report (the PAROM1, PAROM1+ or (in recall cases) their Part B Report).

Prison Role in Handling, Storing and Protecting Victim Information 4.18 Since March 2014, prisoners’ access to the VPS and victim contact report, where it has been

agreed that they be disclosed to the prisoner, has been tightened, to bring it into line with how other sensitive information in prisons is handled and stored. Prisons must ensure that all VPS and victim contact report submitted for the Parole Board review are stored securely and away from the prisoner, usually in the prison Offender Management Unit (OMU).

4.19 Prisons must have procedures in place to allow prisoners reasonable access to the VPS and

victim contact report if they are for disclosure, but prisoners are not allowed to retain possession of these reports, or take them away with them. They must only be read by the prisoner under supervision or when in their cell alone. The VPS and other reports submitted on behalf of the victim for the Parole Board will contain sensitive personal information and this must not be shared with other prisoners, or sent outside the prison by the prisoner.

4.20 To make identification of these reports easier for prisons, the PPCS acts as the central point

for receipt and onward transmission of all VPS and victim contact reports to prisons. When sending to prisons, PPCS will include a cover sheet to the prison OMU to allow for easy identification. A copy of the cover sheet can be found at Annex D.

Exceptional transfers to open conditions (ISPs only) 4.21 ISPs are normally only transferred to open conditions following a Parole Board review where

the panel have made a recommendation for progression to Category D. However, there is a provision from them to apply to the Secretary of State to be transferred to Category D without the advice of the Parole Board. Prisoners may apply after disclosure of their parole dossiers and a successful application may mean that the scheduled parole review is cancelled without a hearing taking place. More information on exceptional transfers can be found in PSI 22/2015 / PI 14/2015 – Generic Parole Process for Indeterminate and Determinate Sentence Prisoners.

4.22 Applications for exceptional transfers are considered by PPCS Team Managers who will

check for any victim involvement in the case and where appropriate will ask, via the OM, whether the victims wish to submit a VPS. Where VLOs are considering non-disclosure in exceptional transfer cases, immediate contact must be made with PPCS for advice. If an application to withhold information is pursued, it will be considered by one of the PPCS Heads of Pre Release Casework rather than the Parole Board. If the criteria for non-disclosure are

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not met and the application is refused, the VPS/VCR may be withdrawn. Under these circumstances the Head of Casework who has made the decision will have no further involvement with the case.

Tariff Reviews for those serving a sentence of Detention during Her Majesty’s Pleasure 4.23 Detention during Her Majesty’s Pleasure (HMP) is the type of life sentence imposed on

anyone convicted of a murder committed when they were aged under 18. Due to their age at the time of the offence, once they have served half of their current tariff, HMP detainees may apply to the Secretary of State for a tariff review and may receive a modest reduction in tariff if they can demonstrate that they have made exceptional and unforeseen progress. Applications are administered by PPCS and are considered by a High Court judge, usually without an oral hearing.

4.24 Offender Managers will be notified of tariff reviews so that the victim can be informed and

invited to submit a VPS. For tariff reviews, the presumption is that the statement will be disclosed to the prisoner. Exceptionally, PPCS can submit an application to the High Court to withhold the VPS from the prisoner. Such applications will be determined by the High Court but victims must be made aware that if the application is unsuccessful, the statement cannot be withdrawn and the expectation is that it will be disclosed to the prisoner.

4.25 For this reason, the VLO must inform the victim that in drafting their VPS, they should always

assume that it will be disclosed to the prisoner. If, exceptionally, PPCS make an application to the High Court to withhold the VPS from the prisoner and it is refused, the VPS cannot be withdrawn. PPCS will only consider making such an application if it is satisfied that the victim is fully aware of the likely outcome if the application is unsuccessful.

4.26 In the event of a successful application, PPCS will disclose the VPS to the prisoner’s

representative on receipt of an undertaking (see para 3.19 above). MAPPA 4.27 The MAPPA Responsible Authority (probation, police and prison services acting jointly) have

a statutory duty to establish arrangements for sharing relevant risk assessment information. Where appropriate, assessments of risk arising from MAPPA that include informed risk management plans should be disclosed to the Secretary of State and the Parole Board by the individual body responsible for that assessment. MAPPA is not an official body in itself but a set of arrangements which exist to assess and manage the risks posed by prisoners. Each Responsible Authority retains the ownership of its own information. Therefore, no individual MAPPA agency has the authority to release confidential information shared at MAPPA meetings.

4.28 MAPPA records that originate from the NPS and are held on NPS systems, are subject to

the provisions of the Data Protection Act; they are therefore open to application by the prisoner for disclosure. They are also subject to the general presumption of full disclosure. However, MAPPA minutes containing information from other agencies must not be disclosed without the consent of those agencies and must be stored separately from the open case file.

4.29 Furthermore, OMs preparing reports for the Parole Board must not quote MAPPA minutes

as a source of information. Where the OM wishes to use a specific piece of information that has been shared at a level 2 or level 3 MAPPA meeting they must first consult the agency that provided it to seek approval to use the information in a report. The information must be attributed to the agency and the content agreed with the agency representative who attended the MAPPA meeting

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4.30 In the event that the Parole Board issues a direction for disclosure of the MAPPA minutes, the OM must refer the direction to the Chair of the MAPPA meeting. The Chair will prepare an executive summary of the minutes, which will contain relevant information about the discussion of the prisoner at the MAPPA meeting, details of their risk assessment and the risk management plan. This executive summary, not the full MAPPA minutes, must be made available to the Parole Board and the Secretary of State.

4.31 A MAPPA meeting executive summary must include:

The prisoner’s name and personal details.

Referring Agency and reason for referral to a MAPP meeting.

Summary of the meetings: this section provides an overview of the risks identified at the meetings, any diversity needs that require managing, general victim issues, the agreed risk assessment and the level of MAPPA management required by the case.

Outline of the MAPPA Risk Management Plan.

MAPPA meeting details.

Detail of MAPPA meeting Chair.

4.32 ViSOR is a police-owned shared MAPPA database and is the most appropriate place to store MAPPA documents.

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5. Inclusion of prison security information in Parole dossiers 5.1 Prison security departments currently contribute disclosable summaries of security

information to dossiers, using the SPRH template (which was last issued in PSI 36/2012 / PI 18/2012, Annex Q). This practice will now cease in all but exceptional cases (as outlined in paragraph 5.3 below). In the majority of cases, establishments must now produce prisoners’ full Mercury records, sanitised to remove the names of sources, in place of the SPRH. Technical issues with the Mercury platform currently affect the speed at which such reports can be produced; entries can therefore be copied and pasted onto Annex B below if necessary.

5.2 5x5x5 ratings must not be attached to security records. Where 5x5x5 ratings are directed by

the Parole Board, contact must be made with the PPCS case manager, who should refer the matter to their team leader for further action. In lieu of 5x5x5 ratings, the officer compiling the reports must grade the reliability of each entry as either High, Medium, or Low. “High” intelligence will typically be A1 or B2 and “Low” will be D4 or D5. 5x5x5 codes are not being shared with the Board in order to prevent the inadvertent disclosure of Sources and/or exposing material from Police or Law Enforcement Agencies.

Differences between first and subsequent parole reviews 5.3 For all indeterminate and determinate prisoners at their first parole review, the new SPRH

form (Annex C) must be used to summarise the information contained within their security files. A security report is now a mandatory document for the parole dossier and therefore nil returns are required. This change will apply to GPP reviews with end dates of 1 July 2017 onwards and the first mandatory security reports will be due on or around 12 December 2016.The Public Protection Unit Database (PPUD) will be updated to reflect the new requirement.

5.4 For subsequent parole reviews, a sanitised Mercury report must be provided which must

include all entries for the last five years. The period of five years has been chosen to help the Parole Board identify any trends in the information over time. Where either substantial or no intelligence exists, the SPRH should continue be used to summarise the full security record. Professional judgement should be used in deciding what constitutes ‘substantial’ amounts of intelligence, and advice sought from PPCS where necessary. When being used for summarising, the SPRH should identify themes including (but not limited to) the nature of the intelligence; the periods during which it occurred; and the reliability of the intelligence, e.g:

“Between January and June 2014, 12 entries state that [prisoner name] was suspected of bullying. High reliability ratings are attached to the majority of these entries.”

5.5 In each case, any redaction that is necessary must be done by the Security department and

Security Managers must verify and countersign the security report ahead of its addition to the dossier; in doing so, they will be confirming that the submitted report is a full and accurate representation of the prisoner’s security records.

5.6 All information relevant to the assessment of risk must be disclosed. Where establishments

consider that security information is too sensitive for onward disclosure, PPCS must be contacted for advice, and guidance contained within section 3 of this Instruction must be followed. Security departments must be proactive in seeking PPCS advice as soon as sensitive material is identified; this is most likely to occur at the point at which security information is requested or directed for inclusion in the dossier. Any subsequent intelligence

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recorded between the report’s submission date and the actual hearing must be submitted to PPCS as an addendum report.

5.7 Applications to withhold sensitive material from the prisoner must continue to be made via PPCS, as at present. PPCS case managers must refer all such applications to team leaders, who will liaise directly with Security departments to advise and progress the application.

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Annex A

Application for the non-disclosure of sensitive information

This application is made for your consideration under Parole Board Rule 8(1)

Please be aware that, should this application be refused, the Secretary of State may appeal the decision.

Please be aware that, should this appeal be refused, the Secretary of State may elect to withdraw the

document/s in accordance with Rule 8(5) of the Parole Board Rules 2011. THE ATTACHED DOCUMENTS SHOULD NOT BE DISCLOSED TO ANY OTHER PARTY UNTIL THE SECRETARY OF STATE HAS CONFIRMED THAT HE DOES NOT INTEND TAKING SUCH ACTION. Prisoner’s Name: Prison Number: The Secretary of State is supplying the attached information in connection with the above prisoner’s: (tick one box only)

DCR/EPP/EDS/SOPC Parole application:

Lifer/IPP Parole review:

Review of Re-Release after Recall:

The Secretary of State submits the attached information in order to assist the Parole Board’s assessment of the prisoner’s potential release, suitability for open conditions, and/or licence conditions. However, he submits that it is unsuitable for disclosure to the prisoner. He commits to sharing the full information with the legal representative, subject to receipt of a formal undertaking that it will not be disclosed further by them. In accordance with Rule 8(1) of the Parole Board Rules 2011, the Secretary of State requests that the attached information is withheld from the prisoner on the grounds that disclosure would adversely affect:

Tick relevant box

(i) national security;

(ii) the prevention of disorder or crime;

(iii) the health or welfare of the prisoner or any other person.

In accordance with 8 (1)(b) of the Parole Board Rules, withholding this information from the prisoner is a necessary and proportionate measure in the circumstances of the case

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Information to be withheld: Reasons why the attached information should not be disclosed: I have attached a sanitised version /a gist which can safely be disclosed to the prisoner. It has not been possible to submit a sanitised version or a gist because (if applicable): Please confirm as soon as possible whether authorisation is given to withhold the attached information from the prisoner. Name: Role: Address: Telephone number: Email address: Date:

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Annex B

Security Report

H M P/Y O I:

Report Date:

Forename/s:

Family Name:

Prison Number:

Security Category:

This report is disclosed to the offender unless there is an application:

For a Governor’s decision under PSO 6000

For a non-disclosure under Parole Board Rule 6

For the above applications to made there must be evidence that non-disclosure

is necessary in order to:

Ensure national security

Prevent disorder or crime

Safeguard the health or welfare of the prisoner or any other person

Submitted Date of the Report

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Category Code

SIR Number

Establishment

Report Text

Reliability code

Submitted Date of the Report

Category Code

SIR Number

Establishment

Report Text

Reliability code

Submitted Date of the Report

Category Code

SIR Number

Establishment

Report Text

Reliability code

Submitted Date of the Report

Category Code

SIR Number

Establishment

Report Text

Reliability code

Submitted Date of the Report

Category Code

SIR Number

Establishment

Report Text

Reliability code

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Annex C

Sentence Planning and Review Report By

Security SPR H

H M P/Y O I:

Sentence Planning and

Review Report Date:

Forename/s:

Family Name:

Prison Number:

Security Category:

This report is disclosed to the offender unless there is an application:

For a Governor’s decision under PSO 6000

For a non-disclosure under Parole Board Rule 6

For the above applications to made there must be evidence that non-disclosure

is necessary in order to:

Ensure national security

Prevent disorder or crime

Safeguard the health and welfare of the prisoner or any other person

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Report Template

1. Experience and qualifications of author

2. Security Information

3. Allocation

4. Additional Information

Report Writers Name:

Signature: Date:

Countersign Name and Role:

Signature: Date:

Office Base Address:

Email address:

Contact Telephone Number: Extension:

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Annex D

Victim Personal Statement cover sheet

FOR THE ATTENTION OF PRISON OFFENDER MANAGEMENT UNITS COVER SHEET FOR PAROLE BOARD VICTIM PERSONAL STATEMENT This Victim Personal Statement (VPS)/ Victim Contact Report (VCR) has been prepared for the Parole Board of [prisoner name ]. It must be passed immediately to the Prison Offender Management Unit, where it must be stored with the prisoner’s file. The prisoner must only be allowed access to it under supervision, although s/he must be allowed reasonable access. This VPS/VCR must not be retained in possession of the prisoner. Prisoner name: Prison number: NOMS ID:

Prison:

Sent by Public Protection Casework Section, Offender Management and Public Protection Unit, NOMs Contact details Name of PPCS Case Manager: Telephone Number: Email address: Date:

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Annex E APPLICATION PROCESS – STAGE 1 Identifying and gisting information – Governors and Offender Managers

Potentially sensitive information identified

Is it relevant to the offender’s risk of

harm?

Yes No

The information does not need to be used for the

parole review. Seek advice from PPCS if in any doubt.

Could the information be re-drafted in a way to exclude

the sensitive aspect?

Yes No

The information does not need to be withheld.

Re-draft it without the sensitive content, add it

to the dossier and disclose it as normal

Can it be gisted or redacted? (Non-VPS applications only)*

Yes No

Prepare gist and send to PPCS along with a copy of the unredacted source material

Send the unredacted material to PPCS with full reasons why a gist is not possible

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*The information owner must prepare the gist except in VPS cases where it will be drafted by PPCS in consultation with the VLO and

the victim

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Annex F APPLICATION PROCESS – STAGE 2 Submitting an application to withhold information

Annex G

Request to withhold information received by

PPCS from Governor/NPS

PPCS must consider the application within 2 days, consulting MoJ lawyers if necessary

Is the information suitable to be withheld?

Yes No

PPCS will notify the information owner that the information cannot be withheld. If further information can be provided then the

application may be re-considered

Further information provided. The

application will be re-considered

PPCS complete the application form and

submit it to the Parole Board along with the

unredacted material and the gist if applicable

PPCS notifies prisoner’s legal representative that an application has been made. They have seven

days to submit any representations

VPS cases only – PPCS will liaise with the VLO over preparation of a

gist.

Application not pursued. Information is withdrawn or added to the dossier

and disclosed in full

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APPLICATION PROCESS – STAGE 3 Decisions, appeals and withdrawing information

* Prisoners without a representative will automatically be deemed to have appealed

Annex H

Parole Board decision received by PPCS

Application accepted: Information can be

withheld

Application refused: Information cannot be

withheld

PPCS requests an undertaking from the

solicitors

On receipt of the undertaking, PPCS

discloses the withheld material to the solicitor. Any gist will be added to

the dossier and disclosed to the prisoner

PPCS consults with information owner to decide whether to appeal, disclose or withdraw

the information

Within seven days, either PPCS or the

prisoner’s representative may

submit an appeal to the Parole Board Chairman. Appeals must be copied

to the other party*

Appeal accepted. Information can be

withheld

PPCS requests an undertaking from the

solicitors

On receipt of the undertaking PPCS,

discloses the withheld material to the solicitor

Appeal is refused. Information cannot

be withheld

PPCS consider withdrawing the material

or disclosing it in full

Information disclosed

Information withdrawn

Application not pursued. Information is disclosed in full or

withdrawn

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Glossary of terms CRC Community Rehabilitation Company DCR Discretionary Conditional Release EDS Extended Determinate Sentence EPP Extended Sentence for Public Protection GPP Generic Parole Process HMP Detention during Her Majesty’s Pleasure IPP Imprisonment for Public Protection ISP Indeterminate sentence prisoner MAPPA Multi Agency Public Protection Arrangements NPS National Probation Service OM Offender Manager OS Offender Supervisor PB Parole Board PI Probation Instruction PPCS Public Protection Casework Section PSI Prison Service Instruction SofS Secretary of State SOPC Sentence for Offenders of Particular Concern SPR-H Sentence Planning & Review Report from the Security Department VCR Victim Contact Report VLO Victim Liaison Officer VPS Victim Personal Statement