Dealing with Non-Compliance - Guiding Principles and Definitions

Introduction

This topic outlines the guiding principles and definitions for dealing with the non-compliance of OWS offenders on parole.

Definition: ???immediate???

Where ???immediate??? action is required, this is to be completed by the end of the next working day.

Deviation from required enforcement action

Any deviation from the required enforcement action for OWS offenders on parole must be approved by the area manager.

If an extension to the timeframe for enforcement action (including home visits and additional ITRs) is required, then probation officers must seek authorisation through their service manager from the area manager.

In no circumstances will the area manager authorise an extension of more than one week.

Note: If the area manager does approve any deviation from the required enforcement action or extends the timeframe, then this must be recorded in IOMS casenotes along with all reasons for the decision.

Management oversight

If an OWS offender on parole is non-compliant, or the probation officer is considering breach or recall action, then the probation officer must involve their service manager immediately.

Breach and recall action

If an OWS offender on parole is non-compliant, then, under normal circumstances, both breach and recall action should be taken.

Both breach and recall should be seen through to conclusion. One should not be withdrawn following a decision being made on the other, as both forms of enforcement have different purposes.

If an offender fails to report and the probation officer wants to take breach action only, then an area manager is able to authorise this. The area manager must be satisfied that:

• the FTR does not constitute an increasing risk of re-offending, and
• there is no evidence of risk to the safety of the community or any person(s).

Police notification

If breach and/or recall action is being considered for an OWS offender on parole, then local police must be advised by the service manager immediately.

Considering information from other sources

In all instances where the probation officer has information from the police, or any other source, that the offender may pose a serious risk or threat to the community, then the following actions must be taken.

Determining reasonable excuses

If an offender fails to comply with any of the conditions of their order, they may offer an excuse. It is the role of the probation officer and service manager to determine whether or not this excuse is reasonable. If it is not reasonable, then enforcement action must commence.

The following steps should be taken to determine reasonable excuse.

Examples

Excuses to be accepted as reasonable include an:

• urgent medical appointment (for self or dependent/close family member), or
• accident or other emergency situation.

Excuses that should not be accepted as reasonable include:

• doing an extra shift at work (this should be discussed and negotiated with the probation officer prior to the ITR date)
• childcare responsibilities (these should have been discussed and negotiated with the probation officer earlier)
• sleeping in, and
• forgetting report in time.

Home visits when an offender fails to report

It is possible that the offender???s failure to report (FTR) is the first indication that they have absconded. Therefore establishing face-to-face contact with the offender within two working days of any FTR is essential.

If an OWS offender on parole fails to report, then a home visit must be undertaken to attempt to establish face-to-face contact. If direct contact is made during the visit (or any subsequent visit to the offender???s place of employment or programme), this does not remove the requirement for the offender to report in to the CPPS office at the time stated in the additional ITR.

Use of information from home visits and case reviews

Home visits and case reviews can help to determine whether or not there is any further evidence of non-compliance that indicates immediate breach and recall action should be considered.

Home visits and case reviews can provide contextual information that indicates that breach and recall action:

• should be considered more quickly than would otherwise be the case, or
• is not appropriate at this time.

Examples:

• A case review may show that the offender has not complied with a special condition (e.g. programme attendance) or that other risk factors are emerging (e.g. behavioural), in which case breach and recall action should be taken more quickly.
• A home visit may provide evidence that the offender is no longer living at the approved residence, in which case breach and recall action should be taken more quickly (i.e. commence breach and recall action immediately following the completion of the home visit, do not delay until later in the day or the next day).