Detainees presenting a risk of serious harm to others are appropriately managed during their detention and in preparation for their release.

95. All reasonable steps are taken to protect the public while detainees are held in custody.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff are trained to identify and assess detainees posing a risk of serious harm to others and receive professional supervision.
  • There is an accurate and timely assessment of all detainees’ risk of serious harm to others and (if necessary) a risk management plan which is shared as appropriate. To make their assessments, staff access all pertinent information.
  • Reviews of the detainee’s risk of serious harm to others are undertaken every 12 months or following any significant events which indicate a change in risk.
  • When the circumstances of a detainee’s offence, or subsequent intelligence, suggests that they present an ongoing risk of serious harm to people in the community, their telephone calls and/or mail are monitored to understand and manage the level of risk.
  • When detainees are subject to telephone and mail monitoring, staff understand who is to be monitored and for how long. Any emerging risks are identified promptly and are followed by appropriate action.
  • The need for an individual’s telephone calls and mail to be monitored is regularly reviewed and decisions to continue or stop monitoring are based on the latest risk information.
  • Any restrictions on detainees’ contact with children are imposed following a full risk assessment which prioritises the best interests and safety of the children. There are good links to other agencies such as the police and social services to inform these decisions.
  • Restrictions on detainees’ contact with children are regularly reviewed and decisions to continue, amend or remove restrictions are based on the latest risk information.
  • Detainees assessed as a continuing risk to children are held separately from any child detainees.
  • When detainees are restricted from having contact with children, victims or other individuals, staff know about these restrictions and implement them daily.
  • Unsupervised short-term temporary release is granted subject to a current, individual risk assessment which takes account of any public protection concerns.
  • Detainees are informed of the arrangements for managing the risk of serious harm they pose to others and the options available to them for challenge.
  • Restrictions on access to specific activities and interventions, such as unsupervised short-term temporary release, are proportionate and clearly communicated to detainees.

96. All reasonable steps are taken to protect the public when detainees are released from custody.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Release arrangements for all high risk of serious harm cases are reviewed by a multidisciplinary team at the establishment, far enough in advance to address any deficiencies in planning.
  • Staff have access to the Violent and Sex Offenders Register (ViSOR) and use it effectively.
  • The establishment follows the latest multi-agency public protection arrangements (MAPPA) guidance and identifies and refers relevant detainees to the responsible authority. Decisions are robust and well-documented.
  • Where relevant, there is a clear process to establish detainees’ MAPPA management levels and these are set at least six months prior to release.
  • Staff at the establishment share all relevant risk information and work together with the responsible authority to support pre-release planning.
  • Submissions made to MAPPA panels provide a full account of the detainee’s military record, the precise circumstances of their offence and an accurate assessment of their behaviour at the establishment. Where possible, staff attend these panels.
  • Victims of sexual or serious violent offences are notified when detainees are approaching release.
  • Detainees understand the requirements and restrictions placed on them and can discuss them before release.

Human rights standards

In relation to expectations 95 and 96, the risk a detainee may pose to the public on release must be identified and all reasonable steps taken to protect the public from that risk. See ECHR 2, 3, 8; SMR 91; HR 27; ERJO 79.