Court Imposed Conditions of Release

Introduction

This topic addresses the use of interventions for offenders serving release on conditions (after a short prison sentence) or post detention conditions (after a sentence of home detention (HD)).

Both types of conditions are set by the court at the time of sentencing.

Time limitations

When conditions of release are imposed for short-term sentences of 12 months or less, the conditions of release can be for a period of up to six months beyond the sentence expiry date.

Post detention conditions can be for a period of up to 12 months after the expiry of the HD sentence.

Conditions met in prison

If the offender meets the criteria for the intervention category in prison, and has a condition to undertake a CPPS rehabilitative programme on release, the programme may be undertaken as part of their custodial sentence. In such a case the:

• offender should be placed on a maintenance group, and
• offender plan should record that the special condition was met whilst in custody.

There is no need to seek a cancellation of the condition as the condition has been met.

Conditions met on HD

If the offender is sentenced to HD, the probation officer should consider how to make the best use of the time available. This may include addressing the post detention conditions.

Example: If there is a special condition to undertake a rehabilitative programme in the post detention conditions order, the offender may undertake the programme while on HD. In such a case:

• place the offender on a maintenance group on completion of HD, and
• record that the post detention condition was met during the sentence of HD.

There is no need to seek a cancellation of the condition as the condition has been met.