Failure to Report - Required Enforcement Action

Introduction

This topic outlines the required enforcement action when OWS offenders on parole fail to report as directed.

Specific instances of failing to report are outlined along with the required enforcement action.

With reasonable excuse

The following table outlines the actions to be taken if an offender fails to report, but makes contact by phone (or is contacted by phone by the probation officer) and offers a reasonable excuse.

If...	then...
this is the first time this offender has failed to report	issue a new instruction to report (ITR) for a date no later than two working days after the failure to report (FTR) date.
the offender has failed to report on a previous occasion but was not given a formal warning (verbal or written)	issue a new ITR for a date no later than two working days after the FTR date, and give a formal verbal warning to the offender and record in IOMS casenotes that such a warning was given.
the offender has failed to report on a previous occasion and was given a formal warning (verbal or written)	issue a new ITR for a date no later than two working days after the FTR date complete a home visit before the date of the new ITR, and review the case in consultation with the service manager to determine whether any further action is required.

Without reasonable excuse or phone contact established

The following table outlines the actions to be taken if an offender fails to report, makes contact by phone (or is contacted by phone by the probation officer), but fails to give a reasonable excuse.

If...	then...
this is the first time this offender has failed to report without reasonable excuse, but has failed to report with reasonable excuse at an earlier occasion and was not given a formal warning	issue a new ITR for a date no later than two working days after the FTR date give a formal verbal warning to the offender and record in IOMS casenotes that such a warning was given, and complete a home visit and case review before the date of the new ITR.
the offender has failed to report on one previous occasion, and the offender was given a verbal warning	issue a new ITR for the next working day issue a formal written warning that any further FTR will result in immediate breach and recall action, and complete a home visit and case review within two working days.
the offender has failed to report on a previous occasion, and the offender has had a previous written warning	carry out a home visit and case review immediately, and commence breach and recall action immediately.

Without reasonable excuse and no contact made

The following table outlines the actions to be taken if an offender fails to report and phone contact cannot be established.

If...	then...
this is the first time this offender has failed to report, or the offender has failed to report on a previous occasion but had a reasonable excuse and was not given a formal warning	complete a home visit and case review issue a new ITR for the following working day (to be left at address if offender is not present), and issue a written warning to the offender (to be left at address if offender is not present) stating that the next FTR will result in immediate breach and recall action.
the offender has failed to report on a previous occasion, and the offender has had a previous written warning	carry out a home visit and case review immediately, and commence breach and recall action immediately.

Late report in

If an offender fails to report at the time they were directed to report in but is able to report in later the same day and does so, then this should not be recorded as a FTR.

FTR and additional ITRs

If an offender is issued with an additional ITR as a result of a FTR, then the offender must be required to attend their next scheduled report in as well as the report in as per the additional ITR.

Definition: FTR on a previous occasion

If an offender is serving parole from a determinate prison sentence (i.e. a sentence with an end date), then any FTR during the current sentence is to be considered.

If an offender is serving parole from an indeterminate prison sentence (i.e. life imprisonment, preventive detention), then any FTR during the previous two years is to be considered.

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