ROTL update – September 2014

Following the recent difficulties with ROTL, guidance continues to develop. Another policy has recently been issued. However, this is temporary as PSO 6300 is still being reviewed. We expect further guidance later in the year but have set out the main changes below.

All ROTL has to be linked to the sentence plan and resettlement goals. The activity must be structured, timed and be for something that could not happen in the prison. ROTL has never been an automatic right and it remains that there is no guarantee that someone will be allowed out on temporary licence. You have to apply for ROTL, as you won’t be assessed automatically and you will have to state clearly on the application why you want ROTL.

Anyone who moves to a lower category prison will have to wait for three months (liedown) before they can have ROTL. This is to give staff in your new prison time to do an assessment. You can apply during this time but you will not be allowed out until the three months has finished. There are slightly different rules for special purpose (compassionate) and childcare release. There are also slightly different rules for women as all female prisons are now classed as resettlement prisons. This means that a woman assessed as suitable for open may stay in her existing prison. If she was eligible and suitable for ROTL she would be able to access this without a three month assessment period.

There is also a two tier approach to ROTL, with stricter requirements for restricted ROTL. This is for people who are on an indeterminate sentence, anyone who will be on MAPPA, and anyone who has been assessed as high or very high risk under their OASys assessment. Restricted ROTL can only be agreed by a governor or deputy governor and there must be a psychologist’s report available for the ROTL board to consider as part of the risk assessment.

Indeterminate prisoners who are have absconded or tried to escape during their current sentence will not be going to open unless there are very, very exceptional circumstances. The prison service is currently developing a more progressive regime in closed conditions. This will aim to give indeterminate sentenced prisoners who won’t be able to go to open the opportunity to take responsibility for their progress and resettlement in closed conditions. Determinate sentenced prisoners who have absconded or attempted to escape previously will not be able to go open conditions again.

Escorted absences for IPP and lifer prisoners are being reviewed. Any Escorted Absence applications that have been granted already will be cancelled. You can apply for this to be replaced by a ROTL with a secure escort

One of the big changes is that tagging for people on ROTL will be rolled out from December. This won’t be the only way that prisons monitor people on ROTL though, as there will be more checks on where people are and what they are doing. Prison staff will phone and visit prisoners and their work places more often.