The re-categorisation of prisoners begins on their reception to Custody, they will have an initial assessment which will determinate their initial security category. This initial assessment will take into account numerous factors, such as type of offence, sentence length, type of sentence, risk of harm to other prisoners or whether there is an escape risk. This should occur within ten days of reception to Custody in order that a transfer can be made to the appropriate Prison should this be needed.
The security category is then reviewed periodically by the Prison in order to ensure that the Prisoner is held in the most appropriate Prison depending on their risks. This may mean that as courses are completed and rehabilitation is progressed, that the security category is lowered. However, it should be noted that it can also work the other way. If a Prisoner is involved in constant compliance issues or adjudications in custody, this can result in their security category being raised in order to manage this.
How Does the Re-Categorisation Review Process Work?
The timings of the re-categorisation reviews are usually done routinely and will depend on how much time a person has left to serve however, they can also conduct non routine reviews, if there has been a material change in circumstances.
The routine reviews that take place for those serving a determinate sentence and are held in category B and C prisons, must be reviewed every 12 months until they have less than three years left to serve to earliest release. Once they have less than three months, the reviews will move to six monthly reviews.
For those serving Indeterminate Sentences (such as lifers and IPP’s) the re-categorisation reviews should take place in line with sentence planning. For these types of sentence, the prison can decide on re-categorisation for Cat A-C prisons but it if for the Parole Board to decide on whether DCAT (open prison) is recommended.
For category A prisoners, the process is slightly different. They will not have a review until two years into their sentence.
If the Prisoner is under 21 then there is no real re-categorisation route, the security category will be reviewed when there is a material change of circumstance that justifies it.
The reviews will take into account things such as compliance in custody, risk levels and whether offending behaviour work has been completed.
The Policy Framework states that Prisoners should be encouraged to make representations in support of their reviews in good time.
The Prison Law Team at Reeds are able to assist with this, we are able to provide support and advice on these matters and work with the Prisoner in order to draft representations in support of their progression.
How are Prisons Categorised?
The main prison categories are:
– Category A – high risk to the public, the police or national security
– Category B – lower risk, but measures are needed to prevent escape
– Category C – Unsuitable for open prisons but unlikely to escape
– Category D –Open prison.
To be eligible for Open conditions (Cat D), someone serving a standard determinate sentence must generally have less than three years left to serve to the Conditional Release Date (CRD). A determinate sentence prisoner with a Parole Eligibility Date (often Extended determinate sentences) must generally have less than three years left to serve to Parole Eligibility Date.
If you are a Foreign National who is subject to a Deportation Order, you must not have exhausted all appeal rights from within the UK against deportation.
In addition, to be considered for open you have to meet the following criteria:
- low risk of absconding;
- low risk of harm to the public or has a suitable plan in place to manage identified risk;
- unlikely to continue criminality while in custody;
- unlikely to otherwise take advantage of the low security or disrupt the good order/regime of the open estate.
Those Prisoners who are held on the Escape List should not be re-categorised to a DCAT. Those who have previously been placed on this list can be considered but all information should be considered such as when and what the circumstances were.
Who Does Re-Categorisation Reviews?
In terms of the review itself, the assessment will be undertaken by the Prison Offender Manager (POM) or another member of staff permitted to undertake the role by the Governor. They will seek information from other sources such as the prison and criminal justice and law enforcement agencies and also considering the prison security information and the unique circumstances of the case.
The decision should then be signed off by someone holding the position of Governor. This would usually be the Offender Management Unit (OMU) Governor given that the POM carries out the initial assessment.
The decision taken should be given to the prisoner in a timely manner. Staff should ensure that individuals understand the process for making categorisation decisions, as well as why a particular decision was made in their case. You can request a copy of the decision which will be on a form RC1 and this should be provided within 3 days together with details on how any decision can be appealed if necessary.
Is There Legal Aid for Re-Categorisation Reviews?
Whether there is legal aid available for a Prison Law specialist to assist with these matters will depend on the type of sentence and your currently security category. For those serving standard determinate sentences, there is no legal aid assistance available for these matters.
For those serving IPP’s or Life sentences, there is no legal aid available for re-cat from a B to a C category. However, if the application is for DCAT then this will take place before the Parole Board and legal aid is available (dependent on a means assessment).
If you are a Category A prisoner, these reviews are conducted differently and legal aid is available for these applications (dependant on means assessment).
For those who do not have legal aid available to them we are able to offer advice on a private paying basis. If you require assistance with these matters contact the Prison Law team on 01865 592670 or email [email protected].
