Resettling abroad – August 2013

We often get queries from people who would like to move abroad when they are released from prison. It is not easy to move to another country while on licence. There is no automatic right to do this. The Prison Service had published guidance in PSI 01/2013, this updates the last guidance from 1997. There are different guidelines for temporary travel and permanent moves. PSI 13/2012 covers temporary travel and the guidance published this year covers permanent resettlement abroad.

Supervision on licence is part of a sentence. Although someone is not in prison, the time on licence is still part of the sentence given by the court. This means that NOMS, through the probation officer are responsible for supervising people on licence. Breaking the conditions on the licence can mean going back to prison.

All licences include a condition that the address must be approved by the probation office and any proposed change to the address – even for one night – must be approved by the probation officer

Usually someone must spend some time in the community in the UK on licence before they can be considered for resettlement overseas. This is so there is time to assess any risk of reoffending and ensure they can keep to the licence conditions.

It is very rare for someone to be allowed to leave the country straight after release. This will usually only happen if you have been released under exceptional compassionate circumstances. In some rare cases the Parole Board might approve a release abroad as part of the resettlement plan.

In a situation where someone was being resettled abroad, they would be expected to report at least once to the probation office so that the licence could be explained to them.

Firstly the probation services will look at whether there are close family or other ties (such as living somewhere else for a long time). Secondly, they will assess whether the offence has any connection with the country someone wants to go back to. Thirdly, they look at whether moving abroad would reduce the risk of reoffending . If the probation officer believes that a move abroad would be likely to increase the risk of harm or reoffending than the application will be refused.

Any request to live abroad would have to be signed off by a chief executive of a Probation Trust and then be confirmed by the Secretary of State. However, the Secretary of State has given this authority to governors, for determinate sentenced prisons and the Public Protection Casework Section in NOMS for indeterminately sentenced prisons.

The licence still remains in force while someone is abroad. It will expire at the usual licence expiry date, and will be a life licence for people on a life sentence.

If someone comes back to the UK during the licence period, they should let the probation service know within two working days. If someone returns to the UK during the licence period, the licence will still be in force.

from insidetime issue August 2013