Sentence Management Phases

Introduction to sentence/order phases

All rehabilitative sentences and orders have been designed to include a number of different phases, through which the offender is expected to progress.

Any offender registered on the Offender Warning System is managed according to the requirements of that system. If there is conflict between the OWS requirements and the standard requirements for that phase of the offender’s sentence / order, the offender is managed in accordance with the more stringent requirements (see later section on Reporting Requirements for OWS offenders for more details).

Sentences/orders are managed using three phases or four phases.

The table below shows which sentence/order falls into a particular sentence management phase bracket.

What are phases

Phases are designed to add structure to the sentence/order. Phases help to focus the offender’s and probation officer’s attention on the key tasks relevant to a particular stage of the sentence/order. This helps manage the offender’s rehabilitation and reintegration through the sentence/order.

Each phase of a sentence/order:

• has specific activities that must be completed within the timeframe allocated for that phase
• requires different levels of reporting by the offender, and
• different levels of monitoring by the probation officer.

For example; time is required in the beginning, to establish the offender in the sentence and to set up any programmes etc. as part of the conditions of the sentence/order.

Towards the final phase of a sentence/order, less time is spent on organizing and programmes and more time is devoted to the offender’s reintegration into the community.

The table below shows the specific activities required in each of the three or four phases used within each sentence/order.

Note: Minimum lengths differ for offenders on Life Parole and ES.

Phases in each sentence/ order

Most sentences/orders have three phases. For offenders progressing from one sentence/ order to another (e.g. from HD to PDC) this can mean the offender progresses through a total of six phases.

In the case of some of the longer sentences/orders a fourth phase has been introduced, to allow for less frequent reporting by fully compliant offenders who have already spent a considerable period of time on the sentence/order.

An additional phase IV and phase V have been established for life parolees who are removed from the OWS (in phase one and two they are managed in accordance with the appropriate reporting regime for parolees registered on the OWS).

Specific activities and minimum time in each phase

The previous table (Specific Activities In Each Phase) outlines the specific activities that are to be completed within each phase. The timeframe specified for each phase is the minimum length of time an offender may be managed within the phase. The activities for each phase should be completed within the minimum timeframe indicated.

If an offender fails to progress to the next phase or is regressed to a previous phase, some aspects of their sentence/order will be managed simultaneously across phases (e.g. continued attendance through a rehabilitative programme, despite regression to a more restrictive reporting frequency).

When particular activities have a pre-arranged timeframe (e.g. installation of electronic monitoring (EM) equipment or completion of an offender plan) these must be completed within that pre-arranged timeframe.

Keeping an offender within an earlier phase for a longer period does not mean that these activities can be delayed. Retaining an offender in the earlier phase also requires service manager approval.

Compliance with all conditions of the sentence/order is required throughout all phases (not just when the offender progresses to the ‘establishing compliance’ phase).

Progression through the phases

Progression through the phases is not automatic, but is dependant on the offender’s compliance with and response to the requirements of the sentence/order. Offenders can also be regressed to an earlier phase if they fail to comply with the requirements of a later phase.

Before progressing an offender to the next phase of their sentence/order, the probation officer must be satisfied that:

• all required activities are completed, and
• the offender is complying with the sentence requirements.

Note: An offender should never be regressed back to phase 1, which is used to establish the sentence only (induction, sentence planning etc). If an offender is not compliant while in phase 2, consider other options to manage them e.g. delaying progression.

General Reference: Volume 2, Part VII Non-compliance and Enforcement, Chapter 4 Sanctions.