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Managing Terrorist and Extremist Offenders in the Community This instruction applies to Reference NOMS HQ National Probation Service AI 13/2014 PI 10/2014 (Version for MOJ Website for Reference only) Issue Date Effective Date Implementation Date Expiry Date 27 January 2015 (Re-Issue) 1 June 2014 31 May 2018 Issued on the authority of NOMS Agency Board For action by All staff responsible for the development and publication of policy and instructions NOMS HQ Heads of Groups National Probation Service (NPS) Community Rehabilitation Companies (CRCs) NOMS Rehabilitation Contract Services Team Other Providers of Probation Services Instruction type Service specification support /service improvement For information All HQ, Community Rehabilitation Companies, NOMS Account Managers, Public Sector Prisons and Contracted prisons staff and contractor staff and workers within NPS and CRCs. Provide a summary of the policy aim and the reason for its development / revision This Probation Instruction aims to ensure that those offenders who have committed offences of terrorism, included in Schedule 15, or terrorism related offences or whose offences are linked to other forms of extremism, or who are vulnerable to engagement in forms of extremism are correctly identified, assessed and managed within offender management and, where appropriate, under MAPPA. This Probation Instruction captures the many

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Managing Terrorist and Extremist Offenders in the Community

This instruction applies to Reference

NOMS HQNational Probation Service

AI 13/2014PI 10/2014 (Version for MOJ Website for Reference only)

Issue Date Effective DateImplementation Date

Expiry Date

27 January 2015(Re-Issue)

1 June 2014 31 May 2018

Issued on the authority of

NOMS Agency Board

For action by All staff responsible for the development and publication of policy and instructions

NOMS HQ Heads of Groups National Probation Service (NPS) Community Rehabilitation Companies (CRCs) NOMS Rehabilitation Contract Services Team Other Providers of Probation Services

Instruction type Service specification support /service improvementFor information All HQ, Community Rehabilitation Companies, NOMS Account

Managers, Public Sector Prisons and Contracted prisons staff and contractor staff and workers within NPS and CRCs.

Provide a summary of the policy aim and the reason for its development / revision

This Probation Instruction aims to ensure that those offenders who have committed offences of terrorism, included in Schedule 15, or terrorism related offences or whose offences are linked to other forms of extremism, or who are vulnerable to engagement in forms of extremism are correctly identified, assessed and managed within offender management and, where appropriate, under MAPPA.

This Probation Instruction captures the many developments in the area of extremism that have taken place in the past two years and are designed to support the work of frontline staff in their work with extremist offenders and other agencies. The instruction also reflects changes within the Government’s CONTEST strategy, specifically including more direct reference to extreme right wing offenders and takes account of the new operational landscape for the delivery of probation services.

Contact Al ReidHead of Dangerous Offenders SectionOffender Management and Public Protection Group – [email protected]: 03000474524

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Associated documents

PC08/2008 Offender Management Model Implementation Rules and Guidance for Tiering CasesPI 11/2014 - Licence Conditions and Temporary Travel Abroad PI 15/2014 – AI 15/2014 - Serious Further OffencesChapter 24 MAPPA Guidance 2012PI 27/2014 - PSI 30/2014 - AI 22/2014 Recall Review & Re-release of Recall OffendersPI 56/2014 - PSI 40/2014 Mandatory Use of ViSORPI 06/2013 The Registration and Management of Critical Public Protection CasesPI 57/2014 - PSI 41/2014 Process for CRC’s to refer cases for Review/Risk Escalation Review.PI 05/2014 - PSI 14/2014 - Case AllocationPI 29/2014 - PSI 31/2014 - Post-Sentence Supervision RequirementsPSI 18/2014 Licences, Licence Conditions and Polygraph Examinations PSI 14/2013 Pathfinder – Restricted PSI 43/2011 Reporting ExtremismAI 18/2014, PSI 24/2014, PI 18/2014 Information Assurance PolicyPrevent Operational Guidance for Community Rehabilitation Companies The Target Operating ModelNOMS Account Management ManualThe Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012Operational Guidance on the Application of the Offender Management Model to High Risk of Serious Harm

Replaces the following documents which are hereby cancelled: PI 05/2013 Managing Terrorist and Extremist Offenders in the Community

Audit/monitoring: The Director of NPS in England, Director of NOMS in Wales will monitor compliance with the mandatory requirements in this instruction.

NOMS contract management will hold providers to account for delivery of mandated instructions as required in the contract.

Introduces amendments to the following documents: None

Notes: Re-Issue 23 January 2015 – Instruction reference numbers have been updated throughout this document.

All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

.

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CONTENTS

SECTIONS 1 – 7 ARE CLASSIFIED AND NOT AVAILABLE IN THIS VERSION

Section Subject Is relevant to:

1. Executive Summary

Senior Managers in Prisons, and the NPS. Those with case management and transfer responsibilities in CRCs. All NPS staff involved in the management of terrorist/extremist offenders

2. Operational Instructions All NPS staff with responsibility for courts, offender management, case administration and MAPPA. CRC staff with responsibility for case management and transfer arrangements.

3. Assessment All NPS staff with responsibility for courts, offender management, case administration and MAPPA

4. Offender Management All NPS staff with responsibility for courts, offender management, case administration and MAPPA. CRC staff with responsibility for case management and transfer arrangements.

5. Joint Working between MOJ and Home Office

All NPS staff with responsibility for courts, offender management, case administration and MAPPA

6. Health and Safety All NPS staff with responsibility for courts, offender management, case administration and MAPPA

7. Policy and Strategic Context All NPS staff with responsibility for courts, offender management, case administration and MAPPA

ANNEX AGuidance Annex’s

Terrorist OffendersAll NPS staff with responsibility for the management of TACT and extremism cases

ANNEX B Storing and Managing Info:TACT / Domestic Excessive Offenders

All NPS staff with responsibility for the management of TACT and extremism cases

ANNEX CCounter Terrorism Act 2008

All NPS staff with responsibility for the management of TACT and extremism cases

ANNEX D The Role of NOMS Offender Management and Public Protection Group

All NPS staff with responsibility for the management of TACT and extremism cases

ANNEX E The Job Specification for Probation Counter Terrorism Leads

All NPS staff with responsibility for the management of TACT and extremism cases

ANNEX F Prevent Operational Guidance for CRCs

NPS staff, all CRC staff and NOMS Account Managers.

AI 13/2014 – PI 10/2014 RE-ISSUE DATE 27/01/2015

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Section 1 – 7

These sections are for NPS and prison staff only. They are protectively marked ‘Official Sensitive’ as per AI 10.2014 - PSI 12.2014 - PI 04.2014 Government Secure Classification Policy. These sections will be made available to the successful CRC bidders after the contracts have been awarded.

AI 13/2014 – PI 10/2014 RE-ISSUE DATE 27/01/2015

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Annex A

Terrorist Offenders

a) One of the offences charged is indictable only and it is alleged by the prosecution that there is evidence that it took place during an act of terrorism or for the purposes of terrorism as defined in s1 of the Terrorist Act 2000. This may include, but is not limited to:

I. murder II. manslaughterIII. an offence under section 18 of the Offences against the Person Act 1861

(wounding with intent) IV. an offence under section 23 or 24 of that Act (administering poison etc) an

offence under section 28 or 29 of that Act (explosives) V. an offence under section 2, 3 or 5 of the Explosive Substances Act 1883

(causing explosions) VI. an offence under section 1 (2) of the Criminal Damage Act 1971 (endangering

life by damaging property) VII. an offence under section 1 of the Biological Weapons Act 1974 (biological

weapons) VIII. an offence under section 2 of the Chemical Weapons Act 1996 (chemical

weapons) IX. an offence under section 56 of the Terrorism Act 2000 (directing a terrorist

organisation) X. an offence under section 59 of that Act (inciting terrorism overseas)

offences under (v), (vii) and (viii) above given jurisdiction by virtue of  section 62 of that Act (terrorist bombing overseas)

XI. an offence under section 5 of the Terrorism Act 2006 (preparation of terrorism acts)

b) One of the offences charged is indictable only and includes an allegation by the prosecution of serious fraud that took place during an act of terrorism or for the purposes of terrorism as defined in s1 of the Terrorist Act 2000 and meets the test to be transferred to the Crown Court under section 51B of the Crime and Disorder Act 1998.

c) One of the offences charged is indictable only includes an allegation that a defendant conspired, incited or attempted to commit an offence under sub paragraphs (1) a) or b) above.

d) It is a case (which can be indictable only or triable either way) that a judge considers should be a terrorism case.  In deciding whether a case not covered by the paragraphs above should be a terrorism case, the judge may hear representations from the Crown Prosecution Service. This allows the judge quite a wide discretion to decide that a particular offence falls within the category of a terrorism case.

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MAPPA Eligible offences Schedule 15 Criminal Justice Act 2003, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Terrorist legislation offences

An offence under section 54 of the Terrorism Act 2000 (weapons training).

An offence under section 56 of that Act (directing terrorist organisation).

An offence under section 57 of that Act (possession of article for terrorist purposes).

An offence under section 59 of that Act (inciting terrorism overseas).

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c.17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons).

An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).

An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate).

An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts).

An offence under section 6 of that Act (training for terrorism).

An offence under section 9 of that Act (making or possession of radioactive device or material).

An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc).

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Annex B

Please read in conjunction with AI 18/2014, PSI 24/2014, PI 18/2014 Information Assurance Policy

Storing and Managing Information: TACT/Domestic Extremist Offenders

The NPS must have in place local procedures and Codes of Practice, in support of the storage and management of NOMS assets, which must provide detailed information relating to information security and network monitoring. These should include where material is stored and shared with partner agencies. In addition to these policies the NPS should ensure that material relating to extremist offenders is stored and managed in line with the following guidance.

Correct information storage and management is an important issue for all records, but in the case of those offenders convicted of a terrorist offence or where evidence of extremism is present or suspected, it is more likely that some of the information may be of a sensitive nature. This may be because it is unproven, because of potential risk to the source of the information should it be divulged, or because knowledge of those suspicions by the offender may compromise police operations. Therefore, if staff are provided with information from other agencies or from the offender their families or associates, there may be a need in some instances to follow certain procedures about its storage and management. The nature of the information will also determine the extent to which issues raised can be dealt with openly in supervision with the offender.

Whenever a piece of information about a terrorist offender or Domestic Extremism is received, from any source, a specific judgment about how to store, share and manage it must be made every time. This is because some information received may be sensitive, or be inappropriate to share with the offender or placed on widely accessible systems. This may be to protect the source of that information, the process by which it has come to light, or its relationship to police activities.

Entering Information on TACT/Domestic Extremist Offenders onto Case Management Systems

OFFICIAL

As a general rule, this can in most cases be entered in full directly onto a NOMS-accredited case management system with the caveat that anything which might risk the offender’s or another person’s safety, should not be entered unless access to the electronic record are managed by “limited access”. Examples of this type of information are:

1. Information from Court papers/ adjudications procedures/ P-Nomis

2. Where the direct source of the information is the offender and is about their own thoughts and behaviour.

3. Information where the source or process by which it has been received does not need protection.

4. Extremism Risk Guidance (ERG) and Extremism Risk Screening (ERS) should always be written with the intention of sharing the document with the offender. In those cases where the report relies upon information that should not be disclosed to

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the offender then a sanitized version should be prepared or if this is not feasible the document should be marked OFFICIAL SENSITIVE and stored in the non disclosure section of the case records.

OFFICIAL SENSITIVE

If information has an OFFICIAL SENSITIVE protective marking then this information should be recorded and stored in the non disclosure section of a paper file or electronic record. An example of a generic contact on the case management system could be worded

‘Not to be disclosed to the offender. Information received, refer to non disclosure section of file.’

The type of information with regard to Extremism that should be marked as OFFICIAL SENSITIVE is:

1. Contact or information from any member of staff with a specific role in counter terrorism (be that police, prison or probation colleagues) should not be referred to as such in electronic systems and the details of that contact retained in confidential sections.

2. External sources providing information such as family members, other agency staff etc should be asked where possible how far they feel comfortable with that information being shared. If this cannot be ascertained, then the default position is to treat the information as confidential and record it accordingly.

3. Minutes or details from Pathfinder, MAESM or Channel meetings.

OFFICIAL SENSITIVE

If information has a protective marking of OFFICIAL-SENSITIVE it may be held on NPS networks accredited for this classification of information but stored in the non-disclosable section of an offender record. It must not to be sent by email to a non GSI/CJSM account. Access to records must be limited to nominated individuals only.

MAPPA Eligible cases - ViSOR is a currently graded as a confidential system. At the time of writing the police had not completed a new security assessment to ensure compatibility with the new protective markings. It is unlikely that the system will be re-graded lower than OFFICIAL SENSTITIVE.

OASys

When completing OASys assessments, Sentence Plans and Risk Management Plans it is best practice to be as transparent and open with the offender as possible. However, when dealing with Extremism issues, decisions will have to be made with each piece of information as to how to record this on OASys assessments.

OFFICIAL

Information that can be entered directly onto Probation Case Management Systems can be used openly within other assessments, including OASys. When this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision

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OFFICIAL SENSITIVE

If information has an OFFICIAL SENSITIVE protective marking then this information should be recorded and stored in the confidential section of the OASys record. It should not form part of the Sentence Plan or Risk Management Plan.

When this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision.

Staff should be reassured that where the concerns cannot be addressed directly with the offender, monitoring and sharing of information with police colleagues constitutes a defensible action, providing the reasoning for the course of action is recorded in the confidential section of the file. The nature of the information may also require no further action, though again, reasoning should be recorded.

If the information received is marked OFFICIAL_SENSITIVE and of a covert nature, the NPS must confirm with the information owner the consequences for future storage and management. The owner will need to determine if this protective marking is correct and may wish to re-grade it as SECRET. Whenever a piece of information or document is being considered for a protective marking of SECRET, it is important to seek advice as to particular handing and storage requirements from the Head of Extremism. Documents marked as secret can not be stored on the Probation Case Management System and it cannot be used in writing within the OASys assessment, or sentence plan.

Covert information should not be stored or recorded within the confidential systems of OASys. Instead, contact logs, records of actions and decisions taken should be kept in paper form within the confidential section of the file marked ‘not to be disclosed to offender’.

However, when this information raises issues about risk management, this does not preclude addressing these risks elsewhere within the boundaries of confidentiality procedures. This would include high risk reviews, MAPPA and supervision. It is likely that such cases will be rare within NPS regions, and staff should seek support in the management of these cases from managers or specialist staff.

In the event that a full Extremism Risk Guidance (ERG) assessment is thought to be required on a case, where the information is exclusively covert, this should be referred to a manager with the brief for Extremism in the region, or from National leads in NOMS.

Staff should be reassured that where the concerns cannot be addressed directly with the offender, monitoring and sharing of information with police colleagues constitutes a defensible action, providing the reasoning for the course of action is recorded in the confidential section of the file. The nature of the information may also require no further action, though again, reasoning should be recorded.

As a principle all electronic records should be restricted access for only those staff involved directly with the management of the case. This should include case management systems, offender word files and OASys. As a minimum this should include the Team Manager, Supervising Officer, MAPPA Chair (if relevant), and the regional NPS Extremist SPOC.

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Annex C

Counter-Terrorism Act 2008 – Notification Requirement

The Act received the Royal Assent on November 26th 2008. Among other provisions, the notification requirement was implemented in October 2010.

Eligible Offenders

An individual will be eligible for the notification scheme if they have committed a relevant offence, namely:

An offence contained within Sections 41 and 42 of the CTA2008. o s41 lists offences already contained within legislationo s42 enables a Court to determine whether offence listed

in Schedule 2 of the Act had a ‘terrorist connection’o Section 42 cannot be applied retrospectively and Courts

will only be able to make this determination when passing sentence after 1st October 2009.

and

they received a relevant sentence, namely:

12 months or more imprisonment or detention Where the sentence is being served either in custody or on licence at 1st

October 2009

An individual who meets these criteria will need to register with police, on an annual basis, details of their name, address, NI number and date of birth. There may also be the requirement to notify Police of certain information prior to travelling outside of the UK. As with Sex Offender Register, the individual will be required to notify Police of details of any addresses they are resident at for 7 days, or any shorter periods which add up to 7 days. The length of notification requirement may be in force for up to 30 years, and will depending on the sentence initially received.

Process

1. The nature of ‘relevant sentences’ means that all relevant offenders will be subject to probation supervision. The nature of the ‘relevant offences’ also means that they may be subject to MAPPA management. At present advice to Police colleagues has noted that whilst the offender is subject to statutory supervision then Probation will be the lead agency under MAPPA in line with the MAPPA guidelines. Once Probation involvement with these specific individuals ends, then CT/SB Police will take lead agency role. CT/SB Police have been encouraged to form good working relationship with probation staff to assist the effective management of the notification process, similar to working relationships Probation staff currently have with PPU Police in working with individual subject to Sex Offender Registration

2. As with the Sex Offender Register, the management and oversight of the Notification Scheme for convicted Terrorists is a Police responsibility. The Police are using ViSOR to manage the Notification Scheme. They have been advised to make contact with supervising officers to begin establishing a good working relationship with probation staff, which it is hoped will mirror much of

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the good joint-working which is undertaken in relation to violent and sexual offenders. Police will be visiting offenders sentenced prior to October 1 2009, but subject to notification requirements, in custody. Where there is already a good working relationship with OM and SB/CT it may be beneficial to undertake this visit jointly. This is a decision to be made on a case by case basis, but certainly the importance of the good working relationship with SB/CT and OM is vital.

3. The actual process of ‘registering’ will take place at a Police station and as with the SOR; it is an offence to fail to comply with the Notification Process, or to provide false information to the Police. Individuals will have three days from day of release to notify Police of their details.

Home Office guidance on Part 4 Notification Requirements is available on the Authority’s website.

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Annex D

The Role of NOMS Offender Management and Public Protection Group

Notifying Ministers. It is right that Ministers and Parliament should be assured that systems are in place for protecting the public from offenders who are released into the community, particularly those who are assessed as high and very high risk of serious harm or where there are other issues of notoriety or public interest. The procedure for doing this is set out in PI 06/2013 Critical Public Protection Casework. Some terrorist and extremist offenders may meet the criteria for CPPC registration and once registered will be notified to Ministers under the procedures set out in the above Probation Instruction. Given the profile and notoriety of terrorist and some domestic extremist offenders we undertake to notify Ministers, in any event, of these cases in the same way as they are notified about CPPC’s. The Dangerous Offenders Section in NOMS is responsible for providing Ministers, the Chief Executive and relevant Directors in NOMS, timely information and reassurance about the release and risk management plans of the highest risk of serious harm and most notorious offenders.

Again as with CPPC’s, NOMS has also undertaken to Parliament to notify the constituency MP of the release into their constituency of a terrorist or high profile extremist offender, provided that the MP has signed up to the confidentiality agreement that was introduced following the coming into effect of the Data Protection (Processing of Sensitive Personal Data) Order 2009.

Where Ministers write to a local MP a copy of the letter is sent to the Chief Constable and to the Trust Chief Executive, who must ensure that an ACO or another appropriate person is identified to respond to any resulting queries.

NOMS OMPPG will maintain an interest in the case throughout the licence or post-sentence supervision period in order to brief Ministers and provide reassurance on the proper management of these cases. The Probation CT Lead in the NPS region is available to attend MAPPA meetings and provide advice and guidance, on a case by case basis.

The extremism team within the OMPPG Dangerous Offenders Section (DOS) works closely across NOMS HQ to ensure that NOMS provides the advice and assistance to those frontline staff that require it. There are 4 main groups working on this agenda in NOMS HQ, ourselves, Chaplaincy, NOMS Extremism Unit and NOMS Operational Services and Interventions Group. The teams meet regularly with each other and report quarterly to the NOMS Extremism Board. These NOMS teams also manage the interface with other partner agencies at a senior level and Government departments particularly the Home Office, providing information and contributing to initiatives as part of the Government’s Prevent, Pursue, Protect and wider CONTEST strategy.

The NOMS Extremism Unit

Extremism Unit (ExU) is part of NOMS Security Group and is responsible for developing the strategic, policy and procedural responses appropriate to the risks presented by terrorists, extremists and radicalisers. It receives intelligence and information on extremism from all prisons in England and Wales and uses this information to produce strategic analysis to assist operational colleagues in prisons and to inform future intelligence gathering. The ExU works with Regional Counter Terrorism Coordinators (RCTCs) based across the regions in England and Wales to develop intelligence and to monitor and manage terrorist or extremist prisoners in custody. RCTCs work with key partners such as Probation, Police and Security Services to share information and help manage the risk these offenders pose. Probation CT leads work closely with the RCTC.

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Annex E

This job description summarises the main duties relating to this post and does not describe in detail all the tasks/competences required to carry them out.

All job descriptions are subject to review as appropriate and may be altered in line with the requirements of the post. Any proposed changes will be discussed with the post holder prior to change.

The National Probation Service (NPS), within NOMS, is responsible for the effective management of convicted Terrorism Act (TACT) offenders and other Extremists delivering the mandatory actions outlined in Probation Instruction PI 10/2014. To support the delivery of the mandatory actions, the Probation Regional Counter Terrorism Leads (PCTLs) are responsible for ensuring that, at a divisional level, the NPS has in place robust processes that support information sharing, intelligence and decision making on the prison pathfinder project and the police led Multi Agency Extremism Screening Meeting (MAESM). They are also responsible for ensuring that these processes support the work of the local MAPPA and the management of individual offenders on a case by case basis.

Additionally, PCTLs will support the National Probation Service and other identified providers to ensure that work with convicted TACT and Domestic Extremist offenders is managed effectively; and, that Community Rehabilitation Companies (CRCs) are aware of their obligations when managing any offender who may be of concern and therefore require a referral to Channel.

Civil Service Competencies relevant to the role are;

Competence 1 Making Effective Decisions Competence 2 Leading and Communicating Competence 3 Collaborating and Partnering Competence 4 Building Capability for All Competence 5Delivering at Pace

They will:

Ensure that NPS divisions are compliant with the mandatory actions outlined in PI 10/2014.

Co-ordinate the sharing of intelligence between Police, Prisons and other partner agencies e.g. Special Cases Directorate in the Home Office due to their involvement

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with Foreign National offenders, with the National Probation Service at a regional and local level.

Co-ordinate information sharing between Police, Prisons and the National Probation Service on relevant convicted offenders

Provide information and assessment at the CTU regional Multi Agency Extremism Screening meetings and Prevent Case Management Meetings and attend these as the NOMS/NPS divisional representative.

Maintain close working relationships with the Prisons Regional CT co-ordinator, including the high security estate, to ensure prisons are providing effective sentence planning, and appropriate work whilst offenders are in custody and effective preparation for release and supervision on licence or any other form of post-sentence supervision.

Ensure information from Pathfinder meetings is shared with the NPS and MAPPA, if appropriate.

Support and provide guidance to all grades of NPS staff and partners on effective risk assessment and management of these offenders. This will include the use of a range of recently developed assessments and interventions, and advice and guidance in relation to the storage, sharing and management of sensitive data

Attend MAPPA meetings on known extremists and facilitate police CTU staff attendance. Provide specialist advice and guidance to MAPPA as appropriate.

Ensure the NPS has processes in place to report concerns about extremism directly to CTU and other partners.

Raise awareness about how sentences are managed and the broader work of NPS/MAPPA with the CTU and other stakeholders

Facilitate sound partnership arrangements with the Prevent section of the CTU including Channel staff, and develop protocols for joint working with referred NPS cases

To provide the centre with a SPOC function to update on progress of individual offenders and co-ordinate any new developments in extremism work. This would include attendance at monthly national meetings alongside the prison RCTC's to ensure that local views can be shared nationally but also provide a co-ordinated NOMS position on this work across the country

Vetting Level required: Security Clearance (SC)

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Annex F

Prevent Operational Guidance for Community Rehabilitation Companies (CRCs)

This Guidance should be read in conjunction with PI 10/2014 Managing Terrorist and Extremist Offenders in the Community , as well as the Government’s Counter Terrorism Strategy, CONTEST and as part of that the Prevent Strategy. The PI on Managing Terrorist and Extremist Offenders in the Community remains subject to protective marking of Official – Sensitive and so should not be widely distributed. Therefore, this Guidance aims to draw out the key aspects of the documents to enable CRCs to clearly understand how they will work, through partnership working arrangements, to ensure they are able to effectively contribute to the relevant partnerships and understand and respond to information shared with them across the interface with the NPS.

Background

PI 10/2014 Managing Terrorist and Extremist Offenders in the Community set out to:-

Confirm that work with convicted Terrorism Act offenders (TACT) and relevant high profile domestic extremist offenders is now embedded within MAPPA, as originally, set out in PI 18/2010, then subsequently in PI 05/2013 and as such has provided partner agencies in MAPPA, with a framework for effectively managing the risks of these offenders in the community; and highlights the work of prisons and police regional Counter Terrorism Units (CTU’s) and the process for assessing information gathered during a sentence that may indicate the extent of an individuals’ engagement in extremist/terrorist activity during their sentence. Probation Counter Terrorism Leads in the NPS attend relevant meetings and will provide information to the provider of probation services to assist in the effective management of such offenders.

The PI references the change brought about by the Transforming Rehabilitation Programme and as such recognises the new landscape within which information sharing will take place in the community. Critically, the information sharing processes between the NPS and CRCs. As stated above the current PI is primarily aimed at the convicted population who on release will be managed through MAPPA. However, it also highlights how ‘potential’ extremists will be identified and how the relevant provider of probation services will be informed of information that is relevant to public protection and national security.

Convicted Terrorism Act (TACT) offenders and extremist offenders are managed within MAPPA. There are also those individuals who have, through prison and CTU processes, been identified as ‘of concern’ or ‘vulnerable’ to extremist messages. Audits suggest that many of these offenders will be MAPPA eligible offenders and will therefore, fall to the NPS to manage, leaving the remaining number of cases that will be managed by the CRCs. Similar to the convicted population of TACT offenders most of these offenders come from only a small number of geographical regions across the country and in all likelihood a similar pattern will emerge for those offenders managed within CRCs. Further, it is likely that areas identified as prevent priority areas will be located in these geographical regions.

Probation Counter Terrorism Leads

The role of the Probation Counter Terrorism Leads (PCTLs), employed within the NPS, is outlined in more detail in the PI (paragraph 1.11) and the job description attached at Annex E of the PI. They play a pivotal role in the NPS with their liaison with police and prison colleagues at the divisional/regional level. They also provide support to frontline staff who are managing TACT offenders or those of significant interest and act as a point of contact for

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senior managers and other staff within NPS/CRCs to address any areas of concern. Where appropriate they may also act as a first point of contact for staff in a CRC where individual behaviours may be a cause for concern.

PCTLs will have oversight of the cases discussed within prisons and those meetings that are hosted by CTU police. When an offender is discussed in one of these forums the PCTL will need to consider the initial allocation of a case to the NPS or a CRC, made at the point of sentence and ensure that the information is provided to the relevant NPS division or CRC. Where an offender is initially allocated to a CRC, if the nature of this new information about the offender impacts on the risk of harm and or the individual is of significant ongoing interest to partner agencies, and therefore, now meets the public interest definition, the NPS, in discussion with colleagues in the prison may determine that the case should be retained by the NPS ahead of the planned management of the case by the CRC. For cases already managed by the CRC, then based on the new information, the CRC is responsible for determining if the case is appropriate for consideration by the NPS, for a risk review, on the basis of the risk escalation process or that it now meets the public interest definition. In some cases there may be no need for the case to be reallocated but relevant information will be shared to enable the CRC to effectively monitor and record any increase in risk in the future

Contact with a CRC

It is envisaged that contact from a PCTL would in the first instance be with the Head of Operations or other senior manager in a CRC. The nature of the information shared will necessarily be limited by the level of security clearance held by the senior manager. SC is recommended. This allows for the information to be properly considered before it is passed further within the organisation. As stated above, information may simply need to be noted for future reference and monitoring or the impact of the new information will require a level of consideration by the CRC that could result in the CRC following the risk escalation process for the future management of the case to be determined by the NPS.

Prevent and Channel

Where the CRC retains the management of an individual offender who has been identified as ‘of concern’ or ‘vulnerable’ to engagement the CRC should consider a referral for additional support to the local Prevent Co-ordinator and Channel. Channel is a police led multi-agency safe-guarding process which uses partnership arrangements across a range of organisations to prevent vulnerable people being drawn into extremist-related activity. It is targeted at the pre-criminal and low level criminal space and therefore, it is not suitable for those offenders managed within MAPPA but may offer additional support to CRCs. Where staff in a CRC believe they may have identified extremist rhetoric or behaviour and or an individual is seen as vulnerable to the influence of others then the local Prevent Co-ordinator can be contacted and a referral to Channel discussed. Channel can assist with both identifying factors related to extremism and local intervention providers able to provide specialist intervention where required. The Prevent Co-ordinator can process Channel referrals to the Channel Panel, consisting of local agencies. The panel will determine the nature and frequency of the intervention required and will work alongside all providers of probation services.

http://www.homeoffice.gov.uk/publications/counter-terrorism/prevent/channel-guidance?view=Binary

Partnerships and Information Sharing

Under the draft contracts, CRCs will be obliged to participate in non-statutory partnership working arrangements aimed at protecting the public from serious harm and to provide an integrated service, and the local Prevent partnership will be important amongst these. In the

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majority of cases this will mean information will be shared with the CRC to assist them in the effective management of an individual or group of offenders. CRCs will also be required to provide information to partner agencies to carry out their duties to protect the public in relation to counter terrorism and radicalisation. This may mean that on occasions the PCTL will approach a CRC for information they may have, from previous or current management of an individual. Information flows should, therefore, look as depicted below.

Staff Training

Working to Raise Awareness of Prevent (WRAP) training has been available to many sectors including prisons and probation in recent years. The training helps staff to recognise the signs of increased vulnerability to radicalisation and/or extremist related behaviours which could develop during sentence or while on licence regardless of the initial offence and to know what to do if they do recognise these signs. The Office for Security and Counter Terrorism (OSCT) within Home Office have agreed to make available the new shorter version of the WRAP training product (which will only take one hour to complete) to CRCs. Trained facilitators from OSCT can be made available to deliver the training which would come at no cost (Information on the Workshop to Raise Awareness of Prevent).

Other relevant documents held in the data room

CONTEST strategyPrevent strategyInformation on the Workshop to Raise Awareness of Prevent (WRAP) training product Information on the prevent priority areas

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