PERSISTENT AND OTHER PRIORITY

OFFENDERS (PPOS): ADDITIONAL Probation

LICENCE CONDITIONS FOR DRUG
TESTING AND ADDRESSING
Circular
PROBLEMS WITH DRUGS REFERENCE NO:
56/2004

PURPOSE ISSUE DATE:

• To ask areas to notify NPD of Assistant Chief Officers (ACOs) with
9 December 2004
responsibility for PPOs and any current drug testing arrangements for
PPOs
IMPLEMENTATION DATE:
• To inform areas of:
- the planned introduction of drug testing for PPOs subject to post Immediately
custodial licences from 1.4.05
- a central contact point for advice on the PPO strategy and assistance EXPIRY DATE:
with local schemes December 2005
- work to produce guidance for staff preparing Pre-Sentence Reports
(PSRs) on PPOs and performance monitoring of PPO schemes TO:
• To remind areas about use of additional licence conditions Chairs of Probation Boards
Chief Officers of Probation
ACTION Secretaries of Probation Boards
Chief Officers and ACOs (substance misuse and PPOs) to note the contents
and distribute to all relevant staff. CC:
Board Treasurers
SUMMARY Regional Managers
Drug testing of drug using PPOs, subject to post-custodial licences, will be
introduced from 1.4.05, subject to available funding. In the meantime, NPD is
AUTHORISED BY:
considering procurement options to deliver sufficient drug testing capacity.
Claire Wiggins
Licence conditions to support PPOs into interventions to address their drug
problems should be included in post custodial licence, unless there are clear Head of Intensive Interventions
reasons for not doing so, with immediate effect.
Detailed guidance for PPO PSR authors is being progressed. Separate ATTACHED:
guidance on transitional arrangements will be issued shortly to the nine drug Annex A (included within Word
testing pilot areas. document)

RELEVANT PREVIOUS PROBATION CIRCULARS

PC70/2003; PC39/2004; PC53/2004; PC55/2004

CONTACT FOR ENQUIRIES

Email: claire.wiggins3@homeoffice.gsi.gov.uk Tel: 0207 217 0686

National Probation Directorate

Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660
1. Name of Chief Officer with lead responsibility for PPOs

Areas are asked to provide NPD with the name(s) and contact details of the ACO(s) with lead
responsibility for PPOs in their area. This should be done by completing section one of Annex A,
(included in this circular) and returning it to NPD by 31.12.04.

2. Plans to introduce drug testing on licence for PPOs, subject to funding, from 1.4.05

Drug testing on licence has been piloted, as part of wider drug testing initiatives, in nine probation areas.
An independent evaluation concluded that drug testing on licence was linked to reductions in offending
and increased up-take of treatment, although sample sizes were too small to be statistically significant.
Ministers have decided to extend drug testing on licence to PPOs from 1st April 2005. Guidance
regarding application of the condition, frequency of testing and enforcement criteria will be produced in
due course. Areas will also be informed of additional funding and training requirements as soon as
possible. An implementation manager, Robin Brennan, has been recruited by NPD to progress this work.

NPD are currently considering how to procure sufficient drug testing capacity to deliver drug testing on
licence to PPOs. As part of this procurement exercise, we need to assess the extent and structure of
current drug testing provision for PPOs, both in terms of equipment and administration of the tests. This
information will enable us to make a comprehensive assessment of whether national, regional or local
models of procurement will most effectively deliver sufficient capacity.

Areas are therefore asked to complete Annex A, Section Two, of this PC and return it to NPD by
31.12.04. The 12 probation areas, currently funded by NPD to deliver Intensive Supervision and
Monitoring Schemes (ISMS), have helpfully provided this information already and need not complete this
exercise again. These areas should simply confirm the name of the ACO with lead responsibility for PPO
schemes in their area by returning Section One of the form.

Areas that currently drug-test PPOs on their local schemes need not make any changes to their current
arrangements at this time.

3. PPOs and licence conditions to address problems with drugs

PC55/2004 reminded areas that under existing legislation offenders could have an additional requirement
in their licence to address their problems with drugs. The specific wording is:

‘comply with any requirements specified by your supervising officer for the purpose of ensuring that you
address, your alcohol/drug/sexual/gambling/solvent abuse/anger/debt/offending behaviour problem(s)/at
the name of course/centre where appropriate.’

This condition can be used to require offenders to attend assessments, accredited programmes and other
types of cognitive interventions. It cannot require medical interventions such as substitute prescribing,
which require offenders’ consent. All requests for additional conditions, whether to the Parole Board, for
DCR cases or to the governor, in ACR cases, must be accompanied by a full explanation. Compliance
with additional licence conditions should be enforced in accordance with the relevant Home Office
National Standards.

When preparing pre-release reports on drug using PPOs who will be released on Automatic Conditional
Release (ACR), Discretionary Conditional Release (DCR) or Young Offender Institution (YOI) licences,
there should be a presumption that additional licence conditions will be requested unless there are clear
reasons for not doing so. The purpose of the additional condition will usually be to build on earlier
treatment progress or to make initial contacts with treatment providers.

When Custody Plus is introduced, currently scheduled for May 2006, all offenders in custody will be
released on licence. Additional guidance regarding use of additional requirements under the new
legislation will be issued at this time. In the meantime, offenders with drug problems who are not subject
PC56/2004 - Persistent and other priority offenders (PPOS): Additional Licence Conditions for Drug
Testing and Addressing Problems with Drugs 2
to licence on release should be referred to CARATS, whilst in custody, and to Criminal Justice Integrated
Teams (CJITs), on release, for ongoing case management and support.

A separate PC regarding early release, licence and recall arrangements for the new custodial sentences
under Criminal Justice Act 2003, will be issued shortly by the Early Recall and Release Section of the
Home Office Sentencing Policy and Penalties Unit.

4. Monitoring of post custodial licences

Amendments to the monitoring arrangements for post custodial licences will be required to demonstrate
the extent to which additional licence requirements are used to address offenders’ problems with drugs.
Amendments will be communicated to areas by the NPD Performance and Regions Unit shortly.

5. Performance monitoring of probation contribution to the PPO strategy

Crime Reduction and Community Safety Group (CRCSG) are currently developing a performance
management framework for the PPO strategy. NPD Regions and Performance Unit will be contributing to
this framework, which will be effective from 1.4.05. To monitor the NPS contribution to the overall PPO
strategy, area targets will be introduced from 1.4.05. These targets are currently being considered in the
context of the full range of targets for NPS from April 05.

6. PSRs and PPOs

PC53/2004 gave interim advice that PSRs should not state than an offender had been defined as a PPO
according to the local definition. Patterns of offending, including persistency, should be analysed and
details of the sentence most likely to reduce reoffending should be specified. The issue of whether local
PPO status should be included in PSRs, or disclosed to courts by CPS/police, is being considered by the
PPO Programme Board, the National Criminal Justice Board and the Department for Constitutional Affairs
(DCA). Legal advice may also be required. NPD has established a multi agency working party, including
representatives from police, probation, Youth Justice Board and sentencers to try to reach a compromise
about acceptable wording in PSRs. In the meantime, whilst areas should not refer to an offender as a
locally defined PPO, they need not change the name or description of their PPO scheme.

7. Support to areas with Implementation of PPO schemes

A small, multi agency team, has been established to provide areas with guidance, advice and support
regarding implementation of their local PPO schemes. This ‘expert team’ should usually be contacted via
the government office, although probation staff with specific enquiries can contact Peter Pettit directly, as
indicated below:

Peter Pettit: peter.pettit2@homeoffice.gsi.gov.uk or peter.pettit@humberside.gsi.gov.uk

Tel: 0207 035 5084.

Areas are also reminded they can access information from the Crime Reduction Website on the crime
reduction website at www.crimereduction.gov.uk/ppo, and can also be accessed at www.cjsonline.org.uk

PC56/2004 - Persistent and other priority offenders (PPOS): Additional Licence Conditions for Drug
Testing and Addressing Problems with Drugs 3
ANNEX A

SECTION 1
PLEASE COMPLETE THIS FORM AND SEND TO ED GRIFFIN
EDWARD.GRIFFIN@HOMEOFFICE.GSI.GOV.UK BY 31.12.04 2004

Probation Area:

Name of ACO with Lead responsibility for PPOs:

Contact Details (ACO):

SECTION 2
DOES YOUR PERSISTENT OFFENDER SCHEME CARRY OUT DRUG TESTING OF
PPOS SUBJECT TO LICENCE?

YES/NO

If YES please describe who is tested and how often. How are the results used?

PC56/2004 - Persistent and other priority offenders (PPOS): Additional Licence Conditions for Drug
Testing and Addressing Problems with Drugs 4
1) How is drug testing funded? Can you give an estimated unit cost per test, including cost of
equipment, staff training, staff time etc?

2) How is testing purchased e.g. is it via DAT/Directing from supplier?

3) Who administers drug-testing e.g. is it police, PSO?

4) Who provides drug-testing equipment?

5) What testing method is used, e.g. oral fluid, urine?

PC56/2004 - Persistent and other priority offenders (PPOS): Additional Licence Conditions for Drug
Testing and Addressing Problems with Drugs 5
6) What arrangements do you have for confirmatory testing?

7) Approximately how regularly do you test PPOs? E.g. once a week over 13 weeks?

8) Do you consider your current testing arrangements to have sufficient capacity to test PPOs on
licence from 1st April 2005 (Approximately twice a week for 13 weeks)?

9) Do you have any views on whether it will be more effective for your area to continue with local
arrangements for drug testing or for drug testing to be a centrally managed contract?

End of Questionnaire
THANK YOU FOR YOUR ASSISTANCE

PC56/2004 - Persistent and other priority offenders (PPOS): Additional Licence Conditions for Drug
Testing and Addressing Problems with Drugs 6