Require an Offender to Return to, or Remain in, an Earlier Sentence Management Phase

Phase progression/ regression

All rehabilitative sentences have phases. Each phase has associated reporting requirements and levels of probation officer oversight consistent with that phase. Progression through each phase is based on sentence compliance.

The table below sets out how progression and regression sanctions are used and what actions must be taken after the warning is issued.

Sanction

Action

Progression to next sentence management phase delayed

This sanction may be used to retain an offender in any phase until the probation officer is satisfied that the offender has demonstrated compliance with requirements; and any risks associated with further offending are identified and managed.

Regression to previous sentence management phases

If an offender is charged or convicted of further offending (including breach action), it may be appropriate to return them to a prior phase.

The offender will be required to fully comply with the requirements of the phase for a minimum of two months before again being considered for progression to the next phase.

If an offender fails to comply with the requirements of a phase and regression to the prior phase is not sufficient motivation to achieve compliance, then legal action must be considered.

Note: An offender should never be regressed back to Phase 1

Confirming the action taken

Advise the offender in writing that they will

regress to the former phase, or
not progress to the next phase of the sentence in response to the (named) non-compliance.

The letter must include the:

reason for the action taken (i.e. specify the non-compliance)
reporting requirements that must now be met (and how long these will continue for)
what the offender must now do before they will be considered for any future progression, and
consequences of any further non-compliance (e.g. breach action).

Ensure that a copy of the letter is retained both on the offender’s paper file and in the electronic (IOMS) file.

Reviewing compliance

Once the probation officer is satisfied that compliance with reporting is re-established, this should continue for a minimum period of two months, before the situation may be reviewed and the offender progressed to the next phase.

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