Probation

Circular
UNCLASSIFIED

INFORMATION EXCHANGE BETWEEN THE IND,

PRISON SERVICE AND THE NPS REGARDING REFERENCE NO:
LICENCES AND BAIL HEARINGS 37/2006

PURPOSE ISSUE DATE:

To inform Probation Areas of new arrangements for the exchange of 20 October 2006
information between Offender Managers, Prisons and the Immigration and
Nationality Directorate (IND) on the release of Foreign National Prisoners IMPLEMENTATION DATE:
(FNPs) from immigration detention. It also covers new arrangements for the 1 November 2006
provision of information to Asylum and Immigration Tribunals (AIT) at
immigration bail and other hearings. EXPIRY DATE:
November 2008
ACTION
For Probation Areas: TO:
• To understand the process for the release of FNPs from immigration Chairs of Probation Boards
detention who are on licence to the Probation Service. Chief Officers of Probation
• To be aware of their responsibility in providing IND’s Criminal Secretaries of Probation Boards
Casework Directorate (CCD) with information about public protection
and victims issues for consideration at immigration bail and other CC:
hearings. Board Treasurers
• To ensure that the contents of this circular are implemented from 1 Regional Managers
November 2006.
AUTHORISED BY:
SUMMARY Richard Mason,
Recent problems concerning FNPs in the Criminal Justice System have Head of Offender Assessment
highlighted the need for a communication agreement between the IND, the and Management Unit
Prison Service and the Probation Service. Offender Managers are expected
to manage these offenders actively and robustly. In order to achieve this, ATTACHED:
good liaison between the IND and Prison Service is essential. This Probation Annex A – NPS Proforma for
Circular is to ensure clear communication between the Probation Service, providing CCD with offender
Prison Service and IND when FNPs are released on licence from immigration management information for
hearings before the Asylum and
detention. IND’s CCD have been issued with new instructions to inform Immigration Tribunals
Offender Managers when FNPs are released from immigration detention in Annex B – Guidance for Offender
an Immigration Removal Centre or prison or directly from an AIT hearing. Managers for completing
This Probation Circular is to inform Offender Managers of these changes. proforma
Annex C – Process flow chart
RELEVANT PREVIOUS PROBATION CIRCULARS Annex D – Glossary of terms
PC24/2006, PC16/2005 Annex E – Prison Service
Instruction 28/2006
CONTACT FOR ENQUIRIES
Jo.thompson8@homeoffice.gsi.gov.uk or 020 7217 8823
Paul.Walsh16@homeoffice.gsi.gov.uk or 020 7217 0824
UNCLASSIFIED
Simon.greenwood3@homeoffice.gsi.gov.uk or 020 7035 4130

National Probation Directorate

Abell House, John Islip Street, London, SW1P 4LH
 UNCLASSIFIED

1. Introduction

It is important in terms of public confidence that the arrangements and processes for the release on licence of FNPs are
well understood by Offender Managers. A number of FNPs are liable for deportation and will be deported on the
completion of the custodial element of their sentence. However, there will be some from this group who will continue to be
held in custody under immigration powers, on an immigration detention warrant (an IS91), beyond their custody end date.
This may be because the IND is unable to effect removal immediately on completion of the custodial element of the
prisoner’s sentence e.g. because there are outstanding legal proceedings or delays in obtaining a travel document.

FNPs held under immigration detention powers should continue to remain in prison establishments (including contracted
out prisons, COPs) where they have, amongst other criteria (see Prison Service Order 4630 Sec 5.1):

• Completed a prison sentence of 4 years or more;

• Been involved in the importation of Class A drugs;
• Committed serious offences involving violence;
• Committed serious sexual offences requiring registration on the Sex Offenders Register; or
• Been identified on OASys as high or very high risk of serious harm and likely to require management at MAPPA
level 2 or 3.

The remaining FNPs held under immigration detention powers can expect to be transferred to an Immigration Removal
Centre.

FNPs held under immigration detention powers may be released later within the United Kingdom when:

• CCD are content for them to be released on immigration bail pending an appeal hearing against deportation
before the AIT;
• Immigration bail is granted by an immigration judge at an AIT pending an appeal hearing against deportation;
• The AIT allow an appeal against deportation;
• CCD decides that deportation cannot proceed for some reason.

An FNP who is still subject to licence supervision can therefore be released from prison, an Immigration Removal Centre
or directly from an AIT hearing. In these cases, it is essential that supervision is established immediately by the Offender
Manager. Where a case falls within the statutory victim contact scheme then it is the responsibility of the Offender
Manager to inform the Victim Liaison Officer immediately when the FNP is released from immigration detention. The
management of FNPs will form part of Her Majesty’s Inspectorate of Probation’s (HMIP) current programme of Offender
Management Inspections.

2. Liaison arrangements for the release on licence of FNPs who have been held under immigration detention
from:

• Prison Establishments ;
• Immigration Removal Centres (IRC) ;
• Asylum and Immigration Tribunals hearings.

Release from Prison Establishments

When an FNP is released from a prison establishment on the custody end date, it is the responsibility of the prison to
serve a copy of the licence on the prisoner, explain its effect and notify the Offender Manager. If the FNP held in prison
on an immigration detention order beyond the custody end date is later released within the currency of the licence period,
it is the responsibility of the prison to ensure that the offender is released with the release licence and is aware of the
need to report to the Offender Manager. It is the responsibility of the CCD to inform the Offender Manager and the
PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

UNCLASSIFIED 2
 UNCLASSIFIED

Probation Area’s FNP Single Point of Contact (SPOC) of the date of release from detention. If Victim Liaison Officers are
involved in the case, it is the responsibility of the Offender Manager to inform them immediately of a pending and actual
release.

Release from an Immigration Removal Centre;

If an FNP detained under immigration powers is transferred from a prison to an Immigration Removal Centre, the prison
will send a signed copy of the licence to the CCD along with a pro-forma setting out the offender’s personal details. This
form, completed by the prison, includes whether an offender is a MAPPA nominal and his/her management level. If the
FNP is subsequently released from an IRC, it will be the responsibility of the IRC staff to serve the licence on the FNP
and to ensure that the requirement to report to the Offender Manager, and the rest of its terms, are understood. The
responsibility for notifying the Offender Manager and SPOC of release again lies with the CCD. If Victim Liaison Officers
are involved in the case, it is the responsibility of the Offender Manager to inform them immediately that the prisoner is
being released from immigration detention.

Release following a bail hearing or full appeal hearing at an Asylum and Immigration Tribunal;
If, following a bail or appeal hearing at an AIT, an FNP is given immigration bail or his/her appeal is allowed, he/she may
be released immediately from that court. If released within the currency of the supervision part of the sentence then
he/she will be re-issued with their licence (and have it explained to them) by the prison establishment or the Immigration
Removal Centre staff and instructed to report as required to the Offender Manager stated on the licence prior to departure
to the AIT. The CCD will be responsible for notifying the Offender Manager and SPOC of the release of the prisoner from
an AIT and for informing them of any immigration bail conditions imposed by the AIT.

Bail applications may be made at an AIT without IND being notified before the hearing. Should bail applications be
granted under these circumstances, Offender Managers will also be informed of the release of an FNP on licence by
CCD.

3. Immigration bail

The CCD may ask the AIT to impose certain conditions if immigration bail is granted. Any bail conditions imposed by the
AIT are separate to those included in the release licence and would run in parallel. They should not be added to the
licence. Bail conditions are recorded at the AIT and sent to the CCD. At the time the offender is granted bail, he/she will
be given a copy of any bail conditions set by the court. These can include residency and reporting requirements as well
as electronic monitoring. The Offender Manager may make comment on the suitability of electronic monitoring for certain
offenders when they provide information on the pro-forma (attached at Annex A) to the CCD – details of which are set out
in section 4 below. If electronic monitoring is imposed the FNP will be returned to the Immigration Removal Centre or
prison establishment for it to be activated. The Presenting Officer (IND’s representative in the AIT) will have a copy of the
FNP’s release licence, and thus be able to ensure that any bail conditions requested or imposed by the AIT do not conflict
with those contained in the release licence.

CCD intend to request that the AIT include electronic monitoring curfew conditions in all cases when immigration bail is
given. Breaches of immigration bail are dealt with by CCD who will inform the Offender Manager if action is taken. The
Offender Manager must consider the impact of any breach of immigration bail on the offender’s level of risk of serious
harm and risk of reoffending and take any enforcement action that is appropriate. It is important that Offender Managers
notify the CCD of any licence breach proceedings initiated where an FNP is also on immigration bail.

4. Bail Hearings at AITs: Information from Offender Managers to the CCD

Interim guidance on the provision of information from Offender Managers to immigration bail hearings at AITs was
included in PC 24/2006. This Probation Circular replaces that guidance.

PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

UNCLASSIFIED 3
 UNCLASSIFIED

FNPs, on completion of the custodial element of their sentence, may continue to be detained under immigration powers
on an IS91 (an immigration detention form). FNPs may apply for release on immigration bail to the AIT. CCD is given
between 24-96 hours notice of a pending bail application hearing during which time they prepare a bail summary for the
use of the Presenting Officer.

In deciding whether to grant bail, the AIT considers whether the person is likely to abscond and if released, his/her risk of
re-offending. The guidance in PC 24/2006 advised the Offender Manager to provide information to the appellant’s
solicitor, if requested. There was no process implemented to advise either the IND or the AIT whether information had
been provided by the Offender Manager; and it was also at the discretion of the appellant’s representative as to whether
the information was presented. It is appropriate for an Offender Manager, on public protection grounds, to provide
information to the CCD for inclusion in the bail summary which will be available both to the immigration judge and to the
appellant’s representative.

5. Action required by Probation Areas

From 1 November 2006, the Probation Service will be required to provide information to the AIT using the pro-forma at
Annex A. When preparing bail summary papers for an immigration bail hearing, CCD will contact the Offender Manager
stated on the licence by phone and email, requesting that updated and additional information is provided by completing
the pro-forma, Annex A and returned by fax or email. Offender Managers should ensure that the immigration bail
conditions CCD intend to request from the AIT should not conflict with the conditions inserted on to the licence in order to
manage the offender, particularly in relation to electronic monitoring. At this stage, should the Offender Manager also
require any amendment to the licence conditions, all such requests should be made to the releasing prison in accordance
with post-release licence variation procedures. It is important that Offender Managers return the pro-forma to CCD by the
date stated on the form, usually within 3 days.

Guidance to Offender Managers on completion of the pro-forma is attached at Annex B. CCD will inform both the named
Offender Manager, and the SPOC, of the bail hearing result including any specific immigration bail conditions.

The pro-forma completed by Offender Managers will be available to the appellant’s solicitors and to the immigration judge
via the CCD Presenting Officers. Offender Managers should note that any information that might affect victim
safety/confidentiality or compromise other agency risk management measures should not be disclosed on the pro-forma.

It is no longer a requirement therefore for Probation Areas to provide separate information to the appellant’s
representative. The appellant’s solicitors, and appellants if representing themselves, will be provided with the pro-forma at
the AIT. The standard procedure as with any offender, of personal information being given to representatives with the
written permission of the offender, should continue in compliance with Data Protection Procedures.

6. Offender Manager reports for Deportation Appeal hearings at AITs

Offender Managers occasionally are approached to provide assessment reports for full appeal hearings at AITs against
deportation by appellant’s representatives and offenders representing themselves. With the new procedure, if a bail
application had previously been made, CCD would have been provided with pro-forma information and this will suffice. If
such a pro-forma had not been prepared previously, the procedure outlined above for the provision of information for
immigration bail hearings can be adopted. Offender Managers should send any new pro-forma reports to the CCD for the
hearing and inform the appellant or their representative that the report will be available for them at the hearing.

7. Offenders who present a High or Very High Risk of Serious Harm

FNPs are identified as High or Very High Risk of Serious Harm using OASys, and they are considered for management at
MAPPA level 2 or 3 in the same way as other prisoners. Following guidance in Prison Service Order 4630, FNPs who
continue to be detained under immigration powers from these categories: OASys as High or Very High Risk of Serious
PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

UNCLASSIFIED 4
 UNCLASSIFIED

Harm and likely to require management at MAPPA level 2 or 3, should remain in prison establishments and not be
transferred to Immigration Removal Centres.

FNPs from these categories may apply for immigration bail and be released directly from an AIT. It is essential that
Offender Managers provide the CCD with full information through the pro-forma, Annex A, when an FNP who is a High or
Very High Risk of Serious Harm applies for immigration bail.

The risk management plan should be clearly outlined. The AIT should be made aware through the CCD of any additional
requirements on the release licence. The information contained on the bail summary will be available to the immigration
judge and appellant’s representative. Where there is an indication that an offender has been assessed as requiring
management at MAPPA level 2 or 3, it is imperative that the Offender Manager liaise immediately with the MAPPA co-
ordinator.

8. General Contact with the CCD

These new arrangements require an enhanced level of co-operation between CCD caseworkers and Offender Managers
to ensure that public protection and any potential risk of serious harm to known victims has been considered and robustly
prepared for. CCD can be contacted via the IND’s Evidence and Enquiry Unit tel: 0845 601 2298

CCD has also agreed to inform Offender Managers and the SPOC when they deport or remove any foreign national
prisoners. This will ensure that Offender Managers are able to monitor, record and close cases efficiently.

9. Victim Issues: Liaison with Victim Liaison Officers

When Victim Liaison Officers are involved in a case, Offender Managers must make them aware of any pending AIT
hearings and notify them of the outcome of the hearing. Where a decision is made to release the offender on immigration
bail, it is essential that Victim Liaison Officers are notified immediately by the Offender Manager, so that they can give
victims advance warning of the impending release. Offender Managers should ensure that Victim Liaison Officers are
made aware of all relevant information to ensure that victim issues are addressed and victims safeguarded and the
National Probation Service is compliant with the statutory duty in respect of victim contact.

PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

UNCLASSIFIED 5
 Annex A

REQUEST FOR OFFENDER MANAGEMENT INFORMATION

FOR A FOREIGN NATIONAL PRISONER

From: IND Criminal Casework Directorate (CCD)

Request Date
CCD Caseworker
Telephone/ Fax Number
E mail

To Offender Manager
Area & Office
Telephone/ Fax Number
E mail

The prisoner named below is applying for immigration bail at an Asylum

Immigration Tribunal (AIT). The information specified below to be provided by
the named Offender Manager will inform IND and the Court. The appellant’s
solicitors will be provided with this information.

• Please return the completed form to the CCD caseworker named

above by email or fax.
• Offender Managers will be informed of the results of the hearing by
Criminal Casework Directorate so that, if bail is granted, licence
supervision can commence immediately.
• It is the responsibility of Offender Managers to liaise with Victim Liaison
Officers where appropriate in completing this pro-forma.
• Guidance to Probation staff on completing this form is contained at
Annex B.
Bail applications are heard quickly, please return this form by
email by ……………………………

Prisoner Surname Prisoner Forenames

IND Reference PNC or CRO Number

Number
Date of Birth Nationality

Prison Number Supervision

End Date

1 History of
compliance with
national
standards &
licence
requirements

2
OASys
assessment of
Risk of Serious
Harm

Likelihood of re-
offending during
licence and
potential impact.
3 MAPPA MAPPA Level
Nominal 1 2 3

Yes / No Contact details of MAPPA Co-ordinator;

4
Outline any
licence
conditions,
additional to
standard
conditions and
reasons for them
5
When can the
Risk Management
Plan be put in
place e.g. can
accommodation,
be accessed
quickly?
 Annex B

GUIDANCE FOR OFFENDER MANAGERS ON COMPLETION

OF THE PRO-FORMA TO THE IMMIGRATION AND
NATIONALITY DIRECTORATE’S CRIMINAL CASEWORK
DIRECTORATE
1. The pro-forma, Annex A, is intended to give relevant information to inform
the:
• Asylum and Immigration Tribunal’s bail decision
• immigration bail conditions

2. Information on the offender’s general response to any supervision in

the past, his/her history of compliance with national standards, and the
requirements of any previous licence can inform the court’s assessment of
whether the offender is likely to comply with bail.

3. An OASys assessment of risk of serious harm should be briefly

outlined so that the court can take into account public protection factors. The
OASys score should not be recorded though it is important to state clearly
how likely the offender is to re-offend and what the potential impact would be.

4. It should be recorded if the offender is a High or Very High Risk of

Serious Harm, and if they are assessed as needing to be managed at MAPPA
level 2 or 3. This should be determined 6 months prior to release or at first
parole application. CCD should be advised that the Offender Manager will
need time to put any risk management plans in place. Where the licence
contains additional conditions, these should be outlined with reference to the
risk factors they are intended to manage.

5. CCD can request that the Asylum and Immigration Tribunal (AIT)
impose immigration bail conditions, including electronic monitoring, residency
and reporting in addition to any conditions stated on the release licence. The
Offender Manager may wish to comment on the suitability of such conditions
which may interfere with the offender’s supervision on licence. Should the
offender breach immigration bail conditions they will be enforced by IND.

6. The Offender Manager should inform CCD of the risk management

measures that need to be put in place and the time needed to do this. Victim
issues, if relevant should be included. However, the Offender Manager should
not include any information on the pro-forma that could compromise victim
safety, or any other agency involved in the risk management plan. If there are
serious victim issues that should not be disclosed to the offender and their
legal representative there should be contact with the CCD caseworker
compiling the Bail Summary.

7. CCD will inform both the named Offender Manager, and the Probation
Area’s FNP Single Point of Contact, of the bail hearing result including any
specific immigration bail conditions.
 ANNEX C - RELEASE MANAGEMENT FOR FOREIGN
NATIONAL PRISONERS

FNP
released at
custody
end date?
No Yes

Not on On Licence
Kept in detention under Licence
immigration powers.

Prison informs OM of
release who liaises with
VLO if relevant

Meet criteria for

remaining in prison
custody? (See PSO No further action unless
4630 Section 5:1) a High Risk of Serious
Harm in which case
locally agreed MAPPA
Yes No procedures should be
followed.

FNP remains Transfer to

in prison Immigration
Removal CCD informs OM/SPOC
Yes of release. OM liaises
Centre(IRC)
with VLO if relevant

CCD decide On licence?

no further
Release from No further action unless
action
prison on a High Risk of Serious
immigration Harm in which case
No
bail locally agreed MAPPA
procedures should be
followed.

Release from Yes

IRC on On licence? CCD informs OM/SPOC
immigration of release. OM liaises
bail with VLO if relevant

No
No further action unless
a High Risk of Serious
Harm in which case
locally agreed MAPPA
procedures should be
followed.
 Bail application at Yes CCD informs
Asylum and OM/SPOC of bail
Immigration Tribunal On licence? hearing and request
(AIT) pro-forma (Annex A)
No be completed and
returned to them.
OM liaises with VLO
if relevant.

Bail granted?
No Further action by
OM

No Yes CCD informs SPOC

and OM of release
who liaises with
Yes VLO if relevant
AIT full appeal hearing
On licence?
against deportation.
No No further action
unless a High Risk
of Serious Harm in
which case locally
agreed MAPPA
Request to OM from legal procedures should
representative for report on FNP be followed.

Yes
Appeal successful? OM uses Pro-forma
(Annex A) and
sends to CCD for
the Hearing

No Yes

On licence? Yes CCD informs OM/SPOC of

release. OM liaises with
VLO if relevant
No

KEY
AIT – Asylum and
No further action unless a high
risk of harm case in which case Immigration Tribunal
local MAPPA procedures should CCD – Criminal
Casework Directorate
be followed.
FNP – Foreign National
Prisoners
FNP IRC – Immigration
deported/removed Removal Centre
OM – Offender Manager
SPOC Single Point of
Contact
CCD informs SPOC and OM
who liaises with VLO if relevant.
 Annex D

GLOSSARY OF TERMS

Administrative Removal: this is the alternative mechanism to deportation by

which the IND can remove someone from the UK. In general terms those
liable for administrative removal have breached conditions of leave to remain,
or used deception to obtain leave (e.g. working in breach of conditions or
overstaying beyond the time limit of their conditions).

Asylum and Immigration Tribunal (AIT): this is the ‘single tier’ immigration
appeal court which, from 4 April 2005, replaced the ‘two tier’ immigration
adjudicators and Immigration Appeal tribunal. The people who hear cases in
the AIT are immigration judges.

Bail Summary: when the Immigration and Nationality Directorate is informed

that a foreign national in immigration detention intends to apply for
immigration bail, they request that Criminal Casework Directorate complete a
bail summary information pack for the Presenting Officer to use at the
Asylum and Immigration Tribunal hearing.

Criminal Casework Directorate (CCD) (it used to be called the Criminal

Casework Team, CCT): this directorate within the Immigration and Nationality
Directorate decides whether to remove or deport foreign national prisoners
liable for deportation. They can be contacted via the Evidence and Enquiry
Unit.

Deportation: the process of sending a person out of the UK under an order

signed by a Minister. This is used if a person has been convicted of a serious
criminal offence, or because the Home Secretary has decided on public policy
or national security grounds that the person’s presence is ‘not conducive to
the public good’. This requires the subject to leave the UK and prohibits them
from re-entering the UK until it is revoked.

Deportation Order: this is the formal document signed by a Minister which

requires the named person to be removed from the UK, prohibits them from
re-entering the UK and allows for their detention until they are removed.

Evidence and Enquiry Unit (E and E U): this unit of the Immigration &
Nationality Directorate informs the Police and Probation of the immigration
status of offenders. Initial contact with caseworkers in the CCD is through the
E & E U who will take details and pass them onto CCD. CCD caseworkers will
then contact probation staff directly.

Foreign National Prisoner (FNP): defined as a prisoner who is not a British

citizen.

Immigration and Nationality Directorate (IND): this is the Home Office

directorate which deals with all asylum and immigration cases and related
issues.
Immigration Appeals Directorate: is the agency responsible for processing
immigration appeals, such as appeals against deportation. The Appeals
Directorate provide the Presenting Officer who presents the appeal before the
AIT.

Immigration Bail: this may be granted by IND and the prisoner will be
released directly from a prison or Immigration Removal Centre. Alternatively,
immigration bail may be given at an AIT hearing following a bail application.

Immigration Detention: on completion of the custodial element of a prison

sentence, a foreign national prisoner who is liable for deportation, may
continue to be held in detention by IND. An immigration officer can issue an
IS91 form: the authority to detain someone under immigration powers.

IND Presenting Officer (PO): a presenting officer represents IND at hearings

in front of the AIT.

Immigration Removal Centres (IRC): these are establishments managed by

either the private sector or the Prison Service to detain foreign nationals
pending IND assessment of their right to remain in the UK. They used to be
called Immigration Detention Centres.

Liable for Deportation: foreign nationals may be liable for deportation

following the commission of an offence, or when their continued presence in
this county is ‘not conducive to the public good’.

Probation Areas Foreign National Prisoners Single Point Of Contact

(SPOC): the NPD have asked all Probation Areas to nominate a lead senior
manager for national foreign national prisoner issues.
 Number
Prison Service Instruction 28/2006

FOREIGN NATIONAL PRISONERS LIABLE TO DEPORTATION

PSO 6000

1 October 2006 30 September 2007

CONTAINS MANDATORY INSTRUCTIONS

For Action Monitored by

Governors, Directors of Contracted Prisons, Area Managers & Regional Offender Managers (for
Discipline/Custody Office staff Contracted Prisons)

For Information On authority of

All Prison Staff Prison Service Management Board & NOMS National
Commissioning Support Bureau

Contact Point

Parole and Public Protection Policy Section:

Simon Greenwood; Peter Charlesworth; Richard Modelly
IND Criminal Casework Directorate: Nick Hearn
Operational Policy Unit: Tony Watson

Other Processes Affected

NOTES
Governors and Directors of Contracted Prisons must ensure that discipline/custody office staff are familiar
with this PSI and the mandatory requirements of them.

Issued 22/09/06
PSI 28/2006 Page 1

FOREIGN NATIONAL PRISONERS LIABLE TO DEPORTATION

Policy and Output

This PSI clarifies the arrangements for liaising with the IND Criminal Casework Directorate and the
Probation Service in respect of foreign national prisoners who are detained under immigration powers
and who are subsequently released either by IND or the Asylum and Immigration Tribunal (AIT) during
the period of their licence.

Mandatory Action

Governors and Directors of Contracted Prisons must ensure that discipline/custody office staff are
familiar with this PSI and the mandatory requirements of them.

Resource and Impact assessment

Minimal: the issue of an additional copy of the release licence and two additional forms.

Foreign National Prisoners Liable for Deportation

1. Foreign national prisoners liable for deportation and who are detained under immigration
powers once their custodial element of the sentence has expired may be released in the UK by
IND CCD or by the AIT before their licence period has expired. Where this happens, the
Probation Service must be notified so that arrangements can be made for their supervision for
the period whilst they are in the community.

2. Full details for releasing foreign national prisoners liable for deportation can be found in
Chapter 9 of PSO 6000.

Identifying a Probation Officer

3. The responsibility for supervision lies with the Probation Area in which the offender was
resident at the time of trial, therefore the home address provided to the Court is key. If the
offender claims to be of no fixed address or the only address given is outside the UK then the
case becomes the responsibility of the Probation area in which the Index offence was
committed; this is likely to be the same as the Sentencing Court area. If, during the currency of
the custodial element of the sentence, no supervising officer has been identified the releasing
establishment must contact the appropriate Probation Area before the release date and obtain
details of the supervising officer, the probation office address and a contact telephone number
as well as appropriate reporting instructions. These details must be included on the release
licence prior to it being signed and distributed in accordance with Chapters 5 (paragraph 25.3)
and Chapter 9 (paragraph 9) of PSO 6000 refer.

Release from an Establishment

4. All establishments must follow the guidance in PSO6000 regarding licence issue and must
prepare a release licence at least 7 days prior to the normal date of release. The licence must
then be explained to the prisoner, signed and dated and retained with the prisoner records.
Copies of the licence must be distributed prior to the calculated release date as detailed in

Order ref. 6000 Issue date 22/09/06

PSI 28/2006 Page 2

PSO6000. If the prisoner is to be detained in the establishment under Immigration Powers, the
copy licences for New Scotland Yard and Probation should be clearly marked as “Immigration
Detainee”. A copy of the release licence together with a completed Annex A must also be sent
by the establishment to IND CCD at least two days before the date of release from custody
(CRD/PED/NPD).

5. Where a foreign national prisoner liable to deportation has been detained under immigration
powers in the establishment and is subsequently granted bail by the AIT or released by IND
CCD during the licence period, it is the responsibility of CCD to notify the relevant probation
area and New Scotland Yard of release. In many cases the probation area will have had no
contact with the prisoner and the release will have to be effected quickly. In every case the
establishment must ensure that the prisoner is given the release licence containing at least the
standard conditions and Annex B. The establishment must ensure that the prisoner is aware
of the requirement to report immediately to the probation service and that they are liable to be
recalled if they fail to do so. The establishment must ensure that a copy of the licence has
been sent to IND CCD and to the relevant Probation Area.

6. If the establishment is authorised to release a detainee during the life of the release licence the
supervising officer and New Scotland Yard will be notified of the release date by CCD. The
detainee must be provided with the licence, copies of which should have been distributed at
the release from custody date in accordance with Chapters 5.25.3 and 9.9 of PSO6000 and
this PSI, and must be informed of the requirement to report to the supervising officer using
Annex B.

7. If the detainee is transferred to an Immigration Detention Centre, the signed licence must
accompany him/her together with the explanatory letter at Annex B.

8. If the detainee is required to be produced to an Asylum and Immigration Tribunal (AIT), the
release licence and the explanatory letter (Annex B) must be handed to the detainee prior to
leaving the establishment. The licence conditions and probation reporting instructions must be
explained to the detainee by the establishment. If bail is awarded the CCD will be responsible
for alerting probation; they will also inform New Scotland Yard.

9. Establishments are reminded that while the expectation is that an FNP liable to
deportation/removal will be removed immediately upon release if parole is awarded, there may
be occasions when IND cannot give immediate effect to their deportation. In such cases and
where IND no longer wish to detain them under IS Powers, it is possible for RRS to suspend
the parole award in order for an approved release plan to be put in place prior to release into
the UK. This is detailed in PSO6000 Chapter 9.9.10.

Release from an Immigration Detention Centre

10. At the point at which a foreign national prisoner is released into immigration detention at an
immigration detention centre, establishments must ensure that a copy of the release licence
has been sent to IND CCD together with a short note (template attached at Annex A to this
Instruction) which sets out the offender’s personal details and the IND reference number (when
known).
The point of contact at IND CCD is:
Theresa Ward of the Detained Parole Team in CCD
Telephone: 0208 760 3430
Fax: 0208 760 3439

Order ref. 6000 Issue date 22/09/06

PSI 28/2006 Page 3

11. If the prisoner is subsequently released from immigration detention during the licence period,
IDC staff will be responsible for handing the licence and the explanatory note to the detainee
confirming the reporting instructions detailed on the licence to the detainee. CCD will notify the
relevant probation area and New Scotland Yard. If the Probation Officer requires any
amendment to the licence conditions, all such requests should be made to the releasing prison
in accordance with post-release licence variation procedures.

Additional licence conditions

12. The Probation Service may require additional licence conditions to be added to the licence.
Arrangements for the approval of such additional conditions are set out in Chapter 14 of PSO
6000. Please remember that any additional licence conditions in respect of prisoners serving a
sentence of 4 years or more and who are due to be released under the provisions of the
Criminal Justice Act 1991 must be approved by the Secretary of State after consulting the
Parole Board. (For those foreign nationals prisoners subject to deportation/removal). Requests
for additional conditions in these cases must be made in accordance with the arrangements for
domestic prisoners and as set out in Chapter 14 of PSO 6000.

13. Notwithstanding the above, in every instance the following licence condition must be inserted
on a deportee’s licence, unless it is already contained in the licence as part of the standard
conditions. This has already received formal approval from the Parole Board for these specific
circumstances, so no further referral to the Parole Board is necessary:

[you must] ‘not travel outside the “United Kingdom” (for the purposes of this licence “United
Kingdom” includes the Channel Islands and the Isle of Man) unless otherwise directed by your
supervising officer (which will be granted in exceptional circumstances only) or for the
purposes of immigration deportation/removal’

Release on Temporary Licence

14. In certain circumstances, with the approval of both the Governor and IND, a foreign national
prisoner may be awarded release on temporary licence. Please ensure that you follow these
licence and supervision requirements when considering ROTL on behalf of any foreign national
prisoner that is subject to deportation/removal. Guidance for the awarding of ROTL to foreign
nationals can be found in Chapter 5 of PSO 6300 – Release on Temporary Licence.

(signed)

Michael Spurr
Director of Operations

Order ref. 6000 Issue date 22/09/06

PSI 28/2006 Page 4

Annex A

Foreign National

Offender Information to accompany copy licence to IND CCD

Nationality MAPPA Nominal

Yes / No

IND Reference MAPPA Level

Number

Date of Birth

Prison Number PNC or CRO Number

Prisoner Surname

Prisoner
Forenames

Supervision
End Date

Aliases - list

Order ref. 6000 Issue date 22/09/06

PSI 28/2006 Page 5

Annex B

Name:

Prison Number:

Letter of Explanation

You are to appear at an Asylum Immigration Tribunal. The Tribunal may choose to award bail, and
you may be released from Immigration Detention, into the United Kingdom.

If you are bailed, the Asylum Immigration Tribunal may impose Conditions of Bail with which you will
be required to comply. These conditions are in addition to those detailed on your Prison Release
Licence.

You were convicted of a criminal offence and you have completed the custodial element of that
sentence. However, you are subject to the conditions of a release licence until the licence expires.

If you are released from detention into the United Kingdom, you must report to the Probation Officer
named on your release licence at the Probation office address given. If you are released or bail is
awarded you must report to the Probation office before 17:00 hours on that day if there is time to do
so. If there is not sufficient time, you must report by 14:00 hours on the following day, or the next
working day if that is a weekend.

If you fail to report to the probation office your licence may be revoked and you will be arrested
and returned to prison to complete your sentence.

Order ref. 6000 Issue date 22/09/06