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National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare
CHAPTER 9 : TRANSFER ARRANGEMENTS
TRANSFER WITHIN SCOTLAND
270.The arrangements set out below must be followed whenever a licensee moves or indicates his/her intention to move on a permanent basis, to an address in a different area from that served by the Supervising Officer. This may involve a move to another local authority, or to another part of the local authority named in the licence. Where the licensee moves to another authority SOHD will issue a replacement licence naming the new authority (or in the case of life licensees, the new Supervising Officer) in condition 1. (See paragraph 168.)
Licences with standard conditions
271.When the Supervising Officer is advised by the licensee that he/she has moved to an address in another area, the Supervising Officer must immediately contact the social work office in that area and request that they interview the licensee, confirm his/her new address and satisfy themselves both that it is suitable and that the licensee intends this to be a long-term or permanent move. If the Supervising Officer is informed of an intended move by the licensee, the Supervising Officer must contact the 'new' social work office and request that the proposed new address is investigated to assess its suitability. In either case, the Supervising Officer must also provide the 'new' social work office with basic information about the licensee, including nature of offence, length of licence, response to supervision, and any particular concerns there may be about the case.
272.The social work office in the 'new' area must initiate these enquiries within 5 working days of receiving such a request.
273.Once their investigations are completed they must advise the Supervising Officer of the outcome of these enquiries. If the new address is considered to be suitable and it is agreed that the move appears long-term, the new office must nominate a new Supervising Officer, who must write to the current Supervising Officer, formally accepting transfer of the licence. If the address is considered unsuitable, the procedures set out at paragraph 276 must be followed.
274.On receipt of this letter, the Supervising Officer in the 'old' area must immediately send the new Supervising Officer the following:
274.1a copy of the licence;
274.2a copy of the case notes;
274.3any other relevant material from the case file; and
274.4a copy of the dossier or summary originally supplied by SOHD.
275.The 'old' Supervising Officer must also send a copy of the existing licence to SOHD, and a written progress report containing the following information:
275.1the date of transfer and reasons for transfer;
275.2the licensee's new address;
275.3confirmation that the licensee has been interviewed by the new Supervising Officer, that he/she has confirmed the new address and that the new office has accepted transfer of supervisory responsibility; and
275.4the name, office address and telephone number of the new Supervising Officer.
276.If the enquiries made by the 'new' social work office suggest that the proposed address is unsuitable, or if there are other reasons to suggest that transfer will lead to an increase in the level of risk posed by the licensee, the existing Supervising Officer, or his/her nominee, must advise the licensee of these concerns, and inform the licensee that the circumstances will be reported to SOHD. The licensee must also be advised that he/she should, in the meantime, maintain contact with the Supervising Officer, by telephone if necessary.
277.The report to SOHD must set out the licensee's proposed or actual new living circumstances, and the reasons why they are considered unsatisfactory. The report must also record:
277.1the level of contact with the licensee to date;
277.2his/her response to supervision;
277.3an assessment of the licensee's adjustment to release and the extent to which he/she has settled into the community;
277.4an assessment of the risk posed by the licensee; and
277.5a recommendation for action, which might include:
277.1.1acceptance of the new arrangements, with a recommendation of "careful monitoring" by the new supervising authority;
277.1.2imposition of a residence condition, prohibiting this unsatisfactory address; or
277.1.3recall.
278.SOHD will reply as soon as possible, setting out the Parole Board's recommendations/instructions in relation to the case.
Licences with Special Conditions - Residential Conditions
279.A licensee who is subject to a licence with a condition of residence may only change address with the agreement of the Supervising Officer. A condition of residence may specify a particular address, or it may require the licensee to reside "as directed by the Supervising Officer". Where a particular address is specified, a change will require a change of licence condition, which may only be effected by SOHD with the agreement of the Parole Board. Where the licence specifies that the person must reside "as directed by the Supervising Officer", that officer's authority is sufficient for a change of residence.
280.Where a specific address is mentioned in the licence, the Supervising Officer must explain to the licensee that he/she may not move unless the Parole Board has approved either the deletion of the residence condition or the specific change of address. The Supervising Officer must make his/her own assessment as to whether it is necessary for the licensee to remain at the address specified in the licence. If the conclusion is that it is unnecessary, the Supervising Officer must contact the proposed new office and request that they visit the proposed new address to assess its suitability. The Supervising Officer must, however, make it clear to the new office that the proposed move is subject to the agreement of the Parole Board. The new office must then investigate and report back, in accordance with the steps set out at paragraphs 271 and 276.
281.If the report from the new office is positive, the Supervising Officer must send a report to SOHD containing the following information:
281.1the level of contact with the licensee to date;
281.2the licensee's response to supervision;
281.3an assessment of the licensee's adjustment to release, and the extent to which he/she has settled into the community;
281.4an assessment of the risk posed by the licensee;
281.5an assessment of the influence of the specified address on the licensee's progress, and an explanation of why residence at this address is considered no longer necessary;
281.6the proposed new address and proposed transfer date;
281.7confirmation that the new address has been assessed as suitable and that the new office has accepted transfer of supervisory responsibility in principle; and
281.8a recommendation for action, either:
281.8.1deletion of the residence condition; or
281.8.2substitution of a condition of residence, either at the specific address in the new area, or as directed by the new Supervising Officer.
282.If the Parole Board approves this application, the Supervising Officer must arrange the transfer in accordance with paragraph 274 above.
283.If the enquiries under paragraphs 271 and 276 above indicate that there is no suitable accommodation in the area to which the licensee proposes to move, the Supervising Officer may, nonetheless, apply to SOHD for deletion of the residence condition under the procedures set out in Chapter 8 on Variation .
284.f the Supervising Officer considers that the specific condition is still necessary, he/she must advise the licensee of this and undertake to review the situation again within 3 months. The Supervising Officer must also advise the licensee that failure to comply with the condition would constitute a breach of licence, which would be reported to SOHD.
285.Where the original licence condition is general, and the Supervising Officer does not oppose the proposed move, the Supervising Officer must initiate the procedures set out at paragraphs 271 to 278.
286.If, however, the Supervising Officer does oppose the proposed move, he/she must inform the licensee of this, instruct the licensee to remain at his/her present address, and send a report, without delay, to SOHD, containing the information set out at paragraph 277 above. In this situation it is also open to the Supervising Officer to recommend that the Parole Board re-confirm the existing residential condition.
Licences with Special Conditions Other
287.Where a licensee is subject to other additional special conditions, the Supervising Officer must first assess whether there is a need for the additional condition to continue in the event of a transfer, and must advise the 'new' social work office accordingly, when requesting that they investigate the situation.
288.The officer conducting the enquiries in the 'new' area must investigate the availability, in that area, of appropriate resources to meet the condition, and must advise the Supervising Officer accordingly.
289.Where the Supervising Officer concludes that it is no longer necessary for the additional condition to be continued after transfer, he/she must apply to SOHD for the amendment or deletion of the condition, using the procedures set out in Chapter 8 on Variation.
290.Where the Supervising Officer concludes that the condition should continue, he/she must, following receipt of the relevant information from the 'new' area, provide a report to SOHD, commenting on the availability of facilities to fulfil the additional condition(s) in the new area and offering a view on the advisability of transfer, in the light of these circumstances.
291.If a licensee intends to move to an area without the resources to meet additional conditions deemed by the Supervising Officer still to be necessary, the Supervising Officer must advise the licensee that he/she does not support transfer, and that a report will be submitted to SOHD advising of this. The licensee must also be advised that to proceed with the move under these circumstances will render him/her unable to meet the licence conditions. The Supervising Officer must also advise that this will be reported to the Parole Board, who will decide what action should be taken, which could include recall.
CROSS BORDER TRANSFER
Transfer from Scotland to England or Wales
292.Offenders subject to supervision on licence may have their supervision transferred from Scotland to England or Wales. The procedures outlined in paragraphs 271 to 291 above apply equally to those offenders transferred within Scotland and between Scotland and England or Wales. References to 'Supervising Officer' and 'social work office' should be construed as references to 'probation officer' and 'probation service' as appropriate.
293.Statutory provision for transfer of licences is to be found in sections 12 and 15 of the Prisoners & Criminal Proceedings (Scotland) Act 1993.
294.Where an offender is released on licence in Scotland, the Parole Board for Scotland, SOHD and the Scottish courts retain jurisdiction over that offender notwithstanding any number of transfers to or from different locations.
Transfer from England or Wales to Scotland
295.Under section 33 of the Criminal Justice Act 1991, offenders sentenced in England & Wales to at least 12 months imprisonment (or detention) are released from custody on licence.
296.Offenders sentenced to at least 12 months and less than 4 years are automatically released at half sentence on Automatic Conditional Release (ACR) licence. Enforcement of licence conditions is carried out by the magistrates' courts. As the jurisdiction of these courts does not extend to Scotland, it is not possible to enforce conditions of such licences in Scotland. Any requests for formal transfer of such licences must therefore be refused.
297.However, social work departments may offer to provide advice, guidance and assistance for such offenders within 12 months of release under section 27(1)(c) of the Social Work (Scotland) Act 1968, on the understanding that no enforcement of licence conditions may carried out.
298.Offenders sentenced to 4 years or over are released at between half and two-thirds sentence, at the discretion of the Parole Board, on Discretionary Conditional Release (DCR) licence. Direct release to Scotland is not possible and neither is formal transfer of the licence. It is possible for these licences to be supervised in Scotland, and arrangements for inward transfer of supervision must be made as described at paragraph 270 above but without any actual modification of the licence. Breaches cannot be dealt with in Scotland. However, the Parole Board for England & Wales and the Home Secretary retain the power under section 39 of the 1991 Act to revoke licences even where the offender has moved to Scotland. Any action which would constitute a breach of the licence conditions must be notified to the Parole Board for England & Wales or, in cases of urgency, direct to the Home Office (see contact addresses).
Transfer to and from Northern Ireland
299.Transfers to and from Northern Ireland are not permitted, but voluntary arrangements as described at paragraph 297 above may be negotiated between staff if appropriate.
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