About a third of Probation West Midland’s workload is with offenders in prison or on release.

Probation staff are seconded to Winson Green prison in Birmingham, as well as Brinsford Young Offenders Institute in Wolverhampton and Blakenhurst prison near Redditch, where they work closely with prison staff. Their main responsibilities include preparing information and risk assessments on prisoners being considered for early release. They may also be involved in helping with the delivery of specialist programmes for prisoners to address their offending behaviour.

Where prisoners are on remand waiting trial, probation staff may work on the prison’s bail information scheme and advice for courts, and contribute to minimising the risk of self harm.

One of the key roles for Probation is to assist prison staff in assessment around high risk offenders and liaising with outside areas when dealing with offenders who will be subject to MAPPA processes (See MAPPPs).

Probation staff work with voluntary and specialist agencies to offer advice and support to prisoners, helping them to be resettled into the community. They also liaise with colleagues in area offices, who will supervise a prisoner after they are released.

Custodial Sentences

Offenders aged 21 or over are sent to adult prison, but custodial sentences for those aged 18 to 21 are served in a Young Offender Institution (YOI). Young offenders under 18 years old are sent to secure units or youth treatment centres.

When offenders aged over 18 are sentenced to custody, their case will be allocated to an Offender Manager (Probation Officer) who works in their home area. The offender manager is responsible for preparing the sentence plan where parts of that plan will be delivered by prison staff or other agencies working within the prison. The Offender Manager will plan for their eventual release back into the community. From the end of 2006 all offenders who receive a custodial sentence will be subject to compulsory supervision for a pre determined period on release. At the present time adult offenders who receive a sentence of less than 12 months are not subject to formal supervision.

If an offender has been convicted of a violent of sexual offence and receives a prison sentence in excess of 12 months specially trained Probation staff offer a service to victims to keep them informed of the offenders progress through sentence.

Release from Prison

Except for prisoners serving a life sentence all prisoners are released before the end of their full sentence. From the end of 2006 adult prisoners serving less than 12 months will also be subject to compulsory supervision.

Offenders released under the supervision of the Probation Service must report to a nominated officer on the day of their release. The officer will explain any licence conditions and arrange a set of appointments that the offender must keep. The sentence plan that was initiated at the beginning of the custodial sentence will be reviewed and further action planned for the licence period.

A release licence may include conditions such as living at a hostel, not committing further offences or staying away from the area where the crime was committed. Any breach of the licence can mean a return to prison to serve the remainder of the sentence in custody.

The Criminal Justice Act which applies to all offences committed after 4th April 2005 introduced new arrangements for custodial sentences. Offenders sentenced before this date will be subject to former arrangements.

Pre CJA 2003 custodial sentence less than 4 years (ACR – Automatic Conditional Release)

Prisoners are released at the halfway stage and then subject to formal supervision for a period – (depending on sentence length). The final part of the sentence is served in the community without supervision.

Pre CJA 2003 custodial sentences greater than 4 years (DCR – Discretionary Conditional Release)

Those sentenced to four years or more can be released on parole after serving half their sentence, but are automatically released on licence after serving two-thirds of the sentence. All of these individuals are supervised by a probation officer.

The length of the supervision period depends on the length of the sentence and the point at which the prisoner is released. This can vary from three months for someone sentenced to a year’s custody and the remainder of his or her life for someone sentenced to life.

Criminal Justice Act 2003 – new sentences

In essence offenders sentenced to custody serve half their sentence in prison and half under formal supervision. As with pre CJA sentences any breach of licence conditions renders the individual liable to recall back to prison on the recommendation of the Probation Officer (Offender Manager).

The Act also introduces new sentences for Public Protection. If an individual is considered to represent a danger to the public the court has a range of custodial options open to it which may result in a life sentence or an individual being released on a licence that may extend for a number of years.

Home Detention Curfews (HDC)

Popularly known as tagging, the Crime and Disorder Act extended existing schemes so that prisoners can, subject to satisfactory assessment of risk to the public, apply for release under electronic surveillance.

A monitoring device is fitted to the offender’s ankle, linked to sensors at the offender’s home address. During the day, the offender is free to leave the house, but they are subject to strict overnight curfews (usually between 7pm-7am).

Tags are fitted and monitored by private security companies under contract to the Home Office, but offenders are also required to attend supervision appointments with their probation officer. HDCs are intended to allow offenders to attend work or training courses during their day, but prevent them from associating with former criminal associates at night.