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Introduction

All offenders sentenced to CW are entitled to be considered for 10% remission. This includes CW offenders who undertake BWLS programmes as part of their CW sentence.

Legislative reference: Section 67 Sentencing Act 2002.

When to consider remission

When the offender has completed 75% of the hours of their CW sentence, the offender should be considered for remission.

The offender’s progress should be reviewed to consider whether the offender is to be granted full or partial remission.

Steps to take

The following table outlines the steps to take to determine the amount of remission to grant the offender, if any.

Step

Action

1

Review the offender’s file to determine whether there have been any instances of non-compliance and whether or not loss of remission hours has been used as a sanction for this non-compliance.

Reference: Volume 3a, Part VI, Chapter 3, Sanctions, for guidance about using loss of remission as a sanction for non-compliance with CW. ( please refer to the related links section on this page)

2

Calculate the hours of remission, taking into consideration any loss of remission already imposed in response to non-compliance.

Note: Remission can only be 10%, 5% or 0%.

3

If the remission is approved:

  • calculate the hours remaining to be worked
  • advise the offender of the remission of hours
  • develop a schedule for completing the remaining hours, and
  • indicate how many more regular reporting days are required in respect of the current ITR.

4

If the remission is declined or is for less than 10% of hours:

  • advise the offender of the decision review process, and
  • ask the offender if they want a review of the decision.

5

If the offender requests a review of the remission decision while their sentence is still current:

  • advise the service manager that the offender has requested a review, and
  • provide the necessary information to enable the service manager to commence the review process.

Note: Once the review process is completed, the service manager will advise the probation officer of the outcome. If the decision is for remission of sentence, follow the actions in step 3.

6

Record decision and outcome in IOMS casenotes.



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