The Probation Service: Help for Victims

Introduction

The Probation Service is required to contact the victims or their family within two months of the sentence being passed. The service is also required to contact victims of those persons already serving sentences of four years or more who have been sentenced some time ago and before these requirements were enacted.

The reason for the contact is:

1. To give the victim or their family information about prison sentences in general and how the prisoner can proceed through the system.
   
2. To ask the victim or their family whether they would like to be kept informed when the prisoner is finally released or if he is eligible for temporary release beforehand.
   
3. To check whether the victim or their family have any concerns or anxieties that they would like taken into account when the prisoner’s temporary or final release is being considered.
   
4. To give the victim or their family a contact point within the local Probation Service.
   
5. To explain how any information that is provided will be used.
   
   

Victim Liaison Service

Under the Criminal Justice Court Services ACT 2000, the victim of a serious crime where the offender is sentenced to a term of imprisonment for 12 months or more for a violent or sexual offence, has a statuary right to be given information about the offender and his eventual release. The Probation Service has a statuary duty to contact all such victims and consult with them.

The London Probation service has established a Victim Liason Service to cover the who;e of the London Area to undertake this work It’s aim is to provide a service regardless of race, gender, disability, sexual orientation, age or religion and to treat all victims with respect and sensitivity. All information provided by victims is regarded as confidential and records are maintained in a totally discrete system that is not accessible by the rest of the service.

Victim’s Unit

There are at present five victims units located across London. Newham is covered by the victims Unit Olympic House, 42-48 Clements Road, Ilford, Essex IG1 1BA Tel: 0208 262 6932. Fax: 0208 222 2356.

Offenders with life sentences

Legislation gives victims the right to information about life sentences and to be consulted at various points during the sentence. Victims have the right to comment about any concerns they may have when changes in the prison regime or when eventual release is under consideration. Comment is invited on the conditions under which release might take place but not on whether the prisoner should be released.
It is the responsibility of the Probation Service to contact victims and/or their families under the legislation. The Victim’s Unit aims to offer an equal service regardless of race, gender, disability, sexual orientation, age or religion and to treat victims with respect and sensitivity.

After initial contact with the Probation Service, if the victim indicates that they would like to be consulted further, the Victim’s Unit will make contact at the appropriate stages. It is also the victim’s right to decline any contract or consultation, although the victim may change their mind about contact and consultation at any time.

Significant stages during a life sentence:

1. Life sentence imposed: In all cases where the offender is convicted of murder the judge must pass a life sentence. This is known as a mandatory life sentence. For some other extremely serious offences, for example manslaughter or rape, the judge may also impose a life sentence. This is known as a discretionary life sentence.
   
2. Within two months: Victims will be contacted by the Victim’s Unit.
   
3. Within a few months: A tariff date is fixed by the Home Office. The tariff is the minimum period the offender will have to serve in prison before being considered for release. In mandatory cases the tariff is set by the Home Secretary, and in discretionary cases by the Judge.
   
4. Three years before the expiry of the tariff period: The process to assess possible release by the Parole Board commences. The victim’s views will be included with other reports considered by the Parole Board. The victim will be informed about any decision to release the prisoner.
   
5. In the later stages of the sentence: Usually after having been approved for eventual release, the prisoner is moved to less secure prison conditions. These conditions include transfer to an open prison, temporary release for specific purposes and transfer to a pre-release hostel. Victims have the right to be informed and consulted about such changes.
   
   

Offenders with prison sentences of four years or more

Significant events:

1. Prison Sentence imposed: The precise dates of the following events will depend upon a number of factors, most importantly any time the prisoner may have spent on remand in custody before sentence.
   
2. Victims will be contacted by the Victims Unit.
   
3. Six months before half of the sentence is completed: The parole assessment process starts if the prisoner applies for parole. Victims have the right to be contacted about any concerns regarding the proposed release arrangements.
   The victim’s views will be included with other reports considered by the Parole Board, who may reach one of the following decisions:
   a) Not to release on parole licence at this stage.
   b) Not to release but view the prisoner’s application within a set period of less than 12 months.
   c) To release on parole licence with or without additional conditions.
   Victims have the right to be informed of any decisions about release. If the prisoner is reviewed for parole at a later date the victim will be contacted as above.
   
4. Half of the sentence completed: This is the earliest time a prisoner can be released if parole is granted. The prisoner would be released on licence under the supervision of the Probation Service and subject to recall to prison by the Parole Board if the licence conditions are breached.
   
5. Two thirds of the sentence completed: At this stage any prisoner not granted parole will be released automatically on licence and subject to supervision by the Probation Service in the same way as those released early on parole.
   
   

Offenders with prison sentences of more than 12 months but less than 4 years

Significant events:

1. Prison Sentence imposed: The precise dates of the following events will depend upon a number of factors, most importantly any time the prisoner may have spent on remand in custody before sentence.
   
2. Victims will be contacted by the Victims Unit.
   
3. The offender will be released automatically after serving half of his sentence. Victims have the right to be contacted about any concerns regarding the proposed release arrangements. The victim’s views will be included with other reports considered by the Prisoner Governor, who may include specific conditions into the licence for release. If the prisoner is reviewed for parole at a later date the victim will be contacted as above. Victims have the right to be informed of any decisions about release.
   
   

Domestic Violence

In May 2002, London Probation Area (NE) began the Duluth Domestic Violence Pilot programme. This Programme is specifically designed for male perpetrators of domestic violence. A perpetrator may either be sentenced by the Courts to a Community Rehabilitation Order with a condition to attend the programme, or it may be made a condition of his licence when he is released from prison, providing the licence is sufficiently long.

The first priority of the programme is the safety of victims and any children involved. The programme will thus be evaluated in three ways: psychometric testing of perpetrators to measure changes in attitude, record of police call outs to domestic violence incidents and feedback from victims.

The London Probation Area (NE) is working in conjunction with the Community Safety Unit in Plaistow Police Station and the key voluntary agencies for Domestic Violence within the borough, in order to effect a community approach to domestic violence intervention

Referral to the Duluth Programme

• Have you experienced abuse or violence from a partner or ex-partner?
  
• Are you afraid for your own or your children’s safety, even though your partner has been to court?
  
• Do you want to talk to someone about your situation and discuss ways of improving your safety and well-being?
  
• Do you want to know about the range of local services available for women in your situation?
  

The Duluth Programme may be able to help you.

Contact the:

Crisis Intervention Team at:
Plaistow Police Station
444 Barking Road
London E13 8HJ
020 7275 5889

What is the Duluth Programme?

The Duluth Programme is a co-ordinated community response to domestic violence. The programme aims to:

• Protect women’s and children’s safety.
  
• Hold perpetrators of domestic violence accountable for their behaviour.
  
• Raise awareness of domestic violence in the community.
  
  

What does the Programme mean for my partner/ex-partner?

Your partner/ex-partner will be attending a Domestic Violence Perpetrators’ Programme organised by the Probation Service. This is a groupwork programme which lasts for about 6 months.

The programme aims to help your partner/ex-partner recognise his offences and take responsibility for changing his behaviour. He will be required to work to an agreed action plan for changing his behaviour. If he does not comply with the programme, he will be taken back to Court.

If you express any concerns about your or your children’s safety whilst your partner/ex- partner is on the Programme, this will be passed on to the Probation Service, with your consent.

How can the Programme help me?

The Programme provides a range of support services for women and children, with local services working in partnership together to protect women’s and children’s safety.

A worker from the Crisis Intervention Team will contact you to talk about your situation and your needs. We will explore any concerns you might have about your safety whilst your partner/ex-partner is on the Programme and, with your consent, pass this information to the Probation Service. We will review your situation when your partner/ex-partner is halfway through the Programme and again at the end, so that all agencies involved are aware of any safety issues.

In addition, we can offer you:

• Emotional support – space to talk about what’s happened and consider your options.
  
• Information and advice about your rights, for example, getting injunctions.
  
• Liaise with the police, Probation, or other agencies involved, to ensure that you are kept informed.
  
• Information and advice about housing issues.
  
• Alarms and other safety measures if you feel unsafe in your home.
  
• Referral to counselling services.
  
  

How do I find out more about the Programme?

If you want to find out more about the Pathfinder Duluth Programme, or if you would like to discuss your situation in confidence before agreeing to take part, contact the:

Crisis Intervention Domestic Violence Team at the
Community Safety Unit on 020 7275 5889.