Managing an Offender's Reporting

Introduction

Reporting regularly to the probation officer is an important part of a sentence/order. It allows Community Probation & Psychological Services (CPPS) to monitor the offender;s progress through the sentence/order, and requires the offender to actively participate in their sentence/order.

For some offenders, reporting to a probation officer on a specified day at a specified time can provide an element of structure in an otherwise chaotic lifestyle.

This topic provides information and procedures for managing an offender's reporting. It applies to all rehabilitative sentences/orders.

Reference: For more information on reporting frequencies for each sentence/order, see Volume 2, Part III, Chapter 1, General Information for Offender Planning. (please refer to the related links section on this page)

Requirement to report

Reporting to a probation officer is a legislative requirement of all sentences and orders managed by CPPS.

The legislation requires that the offender "report to a probation officer as and when required to do so by the probation officer". The exception to this is home detention (HD). However, the condition that requires an offender to comply with any lawful direction given by the probation officer covers requiring the offender to report in on HD.

Legislative references: Sections 49, 54(F), 59, 69(E) and 80(C)(2)(a) Sentencing Act 2002, and sections 14 and 107(J) Parole Act 2002.

Definition of reporting in

An offender meets their obligation to a probation officer when they comply with an instruction to report (ITR) at a specified time and place. If the offender reports at a different time or place, without having arranged this in advance with the probation officer, this does not constitute compliance with the report in requirement.

There are minimum reporting requirements for each phase of each sentence/order.

Reference: For more details see Volume 2, Part III, Chapter 1, General Information for Offender Planning. (please refer to the related links section on this page)

The specified place is usually the parole office (service centre) or the offender's home (scheduled home visits constitute report ins). A probation officer can direct an offender to report to them at another location, such as a programme.

An area manager may approve less frequent reporting requirements, at the programme/facility, for offenders attending a residential programme or residing in a secure facility.

Telephone reporting does not usually constitute a report in. However, this may be appropriate in some circumstances, with a service manager's approval. It is unlikely that telephone reporting would be considered an appropriate regular way of reporting in, and this will be approved only in exceptional circumstances. Under no circumstances will telephone reporting be the only method of contact with an offender for an extended period of time.

Report in vs. contact

The offender is considered to have reported in when they have met the probation officer on the day and at the time stipulated following an instruction to report (verbal or written). If an offender reports to a probation officer without an instruction, this is considered a contact.

If the probation officer has contact with the offender - for example by telephone, while the offender is at work or attending a CPPS programme - unless this is pre-organised, it is considered a "contact" rather than a report in. This should be recorded in the contact screen (not the report in screen), and an IOMS casenote should be entered with details of the contact.

Note: In this situation, the contact does not replace the report in.

Offenders on OWS

Offenders on the offender warning system (OWS) are subject to a more intensive monitoring and management regime. This includes the requirement to respond immediately to any failure to report.

Although being on the OWS does not increase the frequency of reporting requirements for an individual offender, it is anticipated that offenders on OWS may progress through the phases more slowly.

Reference: For more information on phases see Volume 2, Part III, Chapter 1, General Information for Offender Planning. (please refer to the related links section on this page)

72-hour report definition

For most sentences/orders the offender is required to report to a probation officer as soon as practicable, and no later than 72 hours after the:

• sentence is imposed
• offender is released from prison, or
• offender moves (with the approval of a probation officer) to a new CPPS area.

The 72 hour period is three calendar days (not three working days). If the last day of the three-day period falls on a weekend or public holiday, the offender has until the end of the next normal working day to report.

Legislative reference: Section 35 Interpretation Act 1999

Routine report in

The purpose of the routine report in is to enable the supervising probation officer to:

• maintain contact with the offender
• discuss progress with the offender's objectives, and
• identify any emerging risks (e.g. uncertainty about employment, patterns or behaviour that have preceded previous offending, etc.).

Note: The probation officer must liaise with programme providers/ agencies to verify attendance, and monitor the offender's progress with objectives related to special conditions in between the offender's reporting sessions. This information should be recorded in IOMS casenotes.

Specific activities during report in

There are a number of specific activities that are mandatory in all sentences/orders (e.g. induction, offender planning) for which the offender must report.

Where the probation officer schedules a report in to deliver a direct intervention (e.g. problem solving module (PSM), developing personal relapse prevention plan), the offender is required to report in and actively participate in the session.

Extended supervision

In addition to matters to be covered in report ins for all sentences/ orders, extended supervision report ins should cover:

• occurrence and management of high risk situations
• progress with the extended supervision order plan
• development and review of relapse prevention or safety plan
• dynamic risk factors
• reintegrative needs, e.g.
  • accommodation
  • employment
  • finances, or
  • relationships
• any changes in circumstances that may impact on risk of reoffending, and
• attendance and participation in relapse prevention or maintenance group (if applicable).

Advising change of reporting arrangements

When there are any changes to the frequency or other details of the offender's reporting, give the offender a new IOMS instruction to report (ITR). This instruction must be retained on the sentence file. Details of the reason for the change should be recorded in IOMS casenotes.

Reference: Volume 2, Part V, Chapter 1, Varying the Reporting Frequency. (please refer to the related links section on this page)

Recording reporting

Record each reporting date and time in the report in screen. This information must be up-to-date and accurate at all times.

Failure to report

If the offender fails to report as instructed at the required reporting time, or to any programme:

• record the failure to report (FTR) in the report in screen and in IOMS casenotes, and
• take appropriate enforcement action.

Reference: Volume 2, Part VII, Non-compliance and Enforcement.

When offender cannot report

Follow these steps if the offender has advised that they cannot report as directed, e.g. if the offender, or a dependent, is ill or injured.

When offender reports at a different time

If the offender reports at a time other than the scheduled report in, the probation officer seeing the offender must follow the steps below.

When the supervising probation officer is not available (planned absence)

If it is known in advance that the supervising probation officer will not be available, the service manager should ensure that another probation officer is:

• fully briefed
• available to complete the full report in,
• and to take any subsequent action as appropriate.

In effect the offender is temporarily allocated to another probation officer. That probation officer is responsible for:

• meeting with the offender
• carrying out all normal duties associated with a routine report in, and
• any specific activities as discussed with the supervising probation officer.

The offender's reporting time should not be changed because the supervising probation officer is not available. This is particularly important for offenders on the OWS.

When the supervising probation officer is not available (unplanned absence)

If the supervising probation officer is not available when the offender reports for a scheduled report in, and their absence was not planned (e.g. due to sickness), the offender must be seen by another probation officer.

The service manager must ensure there are local arrangements whereby a probation officer is available to cover all planned report ins. In many circumstances this role is filled by a "duty" probation officer.

The probation officer who sees the offender under these circumstances must follow the steps below.