1. General Information

Introduction

This chapter provides general information relating to changes in the circumstances of an offender, or changes in circumstances that are related to the management of the sentence/order.

Definition

In the context of sentence management, a change in the circumstances of the offender refers to any change that has occurred in the offender's life which:

• the offender is required to notify the probation officer of
• impacts on the offender's ability to comply with the standard or special conditions of the sentence/order
• requires changes to, or additional, special conditions to ensure all rehabilitative needs are addressed, or
• requires increased management of risk.

Examples:

• the address is no longer available
• additional needs have been identified, or
• onset of significant health issues e.g. serious injury or illness.

There are also circumstances which change that are relevant to the offender's sentence, and which impact on the offender's ability to comply with the requirements of the sentence.

Examples:

• a programme is not available
• the offender is not eligible for a programme
• the offender is charged with further offending.

If there has been any change in circumstances that means the offender may not be able to meet the requirements of the sentence, the probation officer is responsible for responding to, and managing, the situation to ensure the management of:

• sentence compliance, and
• risk.

Non-compliance

If a change in circumstances is related to non-compliance, it should be treated accordingly and appropriate enforcement action taken.

Important: Any legal action taken must be checked by the service manager before being lodged.

Timeliness

Any change in circumstances must be responded to with sufficient time to ensure that the offender is able to meet the requirements of the sentence/order.

Note: This is particularly important with respect to any changes regarding programmes.

Offenders on the OWS

When the offender is included on the offender warning system (OWS), CPPS must respond promptly to any change in circumstances that:

• impacts on the offender's ability to comply with the requirements of the sentence, or
• increases any risk associated with the offender.

Reference: For required timeframes for OWS offenders on parole refer to Volume 2, Part VII, Chapter 3, Section E, OWS Offender on Parole. (Please refer to the related links section on this page).

Service manager oversight

If the probation officer is uncertain as to the most appropriate course of action to take in response to a change in circumstances, this should be discussed with a senior probation officer or service manager.

Record keeping

The probation officer should record the rationale for all decision making and action taken in casenotes (including if no action is taken) with respect to a change in circumstances.

If applicable, details of any discussion with a senior probation officer or service manager regarding the circumstances and action taken should also be recorded in casenotes.