Scottish Government

Covering Letter

Circular No JD 7/2008

18 July 2008

Derek Gunn, Scottish Prison Service
Directors of Social Work
Criminal Justice Social Work Managers
Yvonne Robson, ADSW
Stewart Alexander, ACPOS
Lesley MacAuley, Parole Board Secretariat

Dear Colleague

HOME DETENTION CURFEW

Summary

1. Circular No JD/9/2006 advised that Home Detention Curfew ( HDC) had been introduced for short term prisoners (those sentenced to less than 4 years in custody). Prisoners who were assessed as presenting a low risk of reoffending could be released on HDC licence for between 2 weeks and 4_ months early, subject to an electronically monitored curfew. The primary aim of HDC is to ease reintegration of prisoners back into the community whilst they are tagged.

2. On 21 ^st March 2008, Home Detention Curfew was extended to long term prisoners (those sentenced to 4 or more years in custody) in cases where the Parole Board has recommended release on parole at the parole qualifying date (ie the half way stage of their sentence). As with short term prisoners, long term prisoners will also be subject to an SPS assessment before HDC can be granted and they will also be subject to electronically monitored restrictions on their movements for up to 12 hours per day for the remainder of their sentence.

3. Certain categories of offenders will remain excluded by statute from inclusion in the scheme, e.g. sex offenders. All eligible prisoners will be subject to a robust risk assessment process undertaken by the Scottish Prison Service ( SPS) which will take due account of a community assessment report provided by local authority criminal justice social work.

4. This circular replaces Circular No JD/9/2006.

Legislation

5. Section 15 of the Management of Offenders etc. (Scotland) Act 2005 inserts section 3 AA into the Prisoners and Criminal Proceedings (Scotland) Act 1993 (the 1993 Act) which allows for Scottish Ministers to release prisoners on Home Detention Curfew licence. When considering the release on HDC of a prisoner, consideration must be given to:

• Protecting the public at large;
• Preventing re-offending by the prisoner; and
• Securing the successful reintegration of the prisoner into the community.

6. This section also specifies those prisoners who are statutorily excluded from release on HDC (subsection 5).

7. Section 15 also inserts sections 12 AA and 12 AB into the 1993 Act. Section 12 AA provides for standard conditions which must be included in all orders. The standard conditions have been prescribed by regulation. In the case of long term prisoners, the conditions will replicate those recommended by the Parole Board for release on parole. A copy of the Order specifying the standard conditions for short and long term prisoners can be found in the annexes to this circular.

8. Section 12 AB relates to the curfew condition which is a requirement of the HDC licence. The curfew condition will require the prisoner to remain at a certain address for specified times of up to 12 hours each day. It may also require the prisoner to stay away from a specific address. Compliance with the curfew is monitored remotely using electronic monitoring equipment.

Guidance

9. The Home Detention Curfew Implementation Group, comprising membership from the SPS, Scottish Government Community Justice Services Division, ADSW, ACPOS and Serco (the electronic monitoring contractor) developed and agreed guidance setting out the roles and responsibilities of the agencies involved in the HDC process. The primary role rests with the SPS through its responsibility for identifying those prisoners who are eligible for HDC and for carrying out the required risk assessments. The SPS will request community assessments from local authority social work departments where prisoners have been deemed suitable for HDC. The SPS will then decide whether or not to release the prisoner on HDC. The SPS is also responsible for decisions on breaches and recalls.

10. The Implementation Group was reconvened to agree updated guidance to include the processes for allowing long term prisoners release on HDC and representatives from the Scottish Government Parole and Life Sentence Review Division and the Parole Board Secretariat were invited to join.

11. The guidance for SPS and local authority social work departments has been amended to reflect the new processes and a new section covering the role of the Parole Board has been added. Recipients of this circular should ensure that all staff involved in the HDC process receive a copy of this circular. The circular has been placed on the Scottish Government website and can be found at www.scotland.gov.uk/publications.

12. The guidance for the police and Serco remains unchanged from that provided in the previous circular

Contact point

13. If you have any comments or queries about this circular, please contact Jackie Knox, Scottish Government Criminal Justice Directorate, Community Justice Services Division, Ground West Rear, St Andrew's House, Regent Road, Edinburgh, EH1 3DG ( jackie.knox@scotland.gsi.gov.uk ) or on telephone number 0131 244 3662. Contact details for individual agency representatives on the Home Detention Curfew Implementation Group can be found in the attached guidance.

Yours faithfully

Jackie Knox