Recategorisation Solicitor

Recategorisation Solicitor

A recategorisation solicitor can assist with prison recategorisation appeals and application processes. Prisoners are categorised within the prison estate as either Category A, B, C or D, according to their “risk”. These four letters dictate which prison someone might be detained in, and whether or not they can be allowed out on temporary Licence. Understandably, many prisoners wish to progress to Category D conditions as quickly as possible, and the way to do this is progression through the Re-Categorisation process.

Recategorisation is the processes of changing which security category a person in prison is assigned. This can be done for numerous reasons. A recategorisation solicitor can aid with the appeal and application process for prison recategorisations.

Speak with Reeds today for legal advice on category reviews and appeals, or any other prison law matter. Call 01865 592670 to discuss your case or complete an enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Security Categories

When someone enters the prison system, they are assigned a Security risk category.

Security Categorisation is a risk management process, the purpose of which is to ensure that those sentenced to custody are assigned the lowest security category appropriate to managing their risk of:

    • Escaping or absconding;

    • Harm to the public;

    • Ongoing criminality in custody;

    • Violent or other behaviour that impacts the safety of those within the prison; and

    • Control issues that disrupt the security and good order of the prison.

Effective security categorisation is fundamental to risk management and ensuring good order is maintained.

Individuals are then assigned to the lowest security category appropriate to managing their risks:

    • CATEGORY D (Adult Men), and Open (Young Adults): Offenders who are either assessed as presenting a low risk or who’s previously identified risk factors are now assessed as manageable in low security conditions.

    • CATEGORY C (Adult Men): Offenders who are assessed as requiring standard closed conditions, and do not need additional security.

    • CATEGORY B (Adult Men): Offenders whose assessed risks require that they are held in the closed estate and who need security measures additional to those in a standard closed prison.

    • Closed (Young Adults): Offenders assessed as requiring standard closed conditions and are not appropriate for open conditions.

Some women, men and young adults may be held in a Category A (high security) prison. These people are deemed the biggest risk to the public, police or national security.

What do Reeds Re-categorisation Solicitors do?

We can assist by communicating with the Prison Offender Manager, obtaining confirmation of sentence plan, OASys risk assessment and submitting representations in support of the move to open conditions to the prison.

The Re-Categorisation process consists of professionals meeting to discuss a case in order to decide whether a prisoner should be assigned a different category or not. A recategorisation Solicitor is, unfortunately, not present for this meeting and in many cases neither are the prisoners themselves. However, to assist you in the process if you or a family member or friend are facing re-categorisation, we are able to advise you on the complicated procedures involved, as well as submitting written representations on your behalf.

If the decision you receive is negative, it is possible to appeal the decision. This may be because the offender feels they were placed in the incorrect category, because they feel their circumstances have changed or they believe that they have completed the required interventions and evidenced positive behaviour to justify and evidence a reduction in risk.

This work is not covered under Legal Aid, but fixed fees can be agreed. Contact a specialist re-categorisation solicitor for further information about how we can help you, or follow this link to complete your details, and one of the team will be in touch with you as soon as possible.

Speak with Reeds today for legal advice on category reviews and appeals, or any other prison law matter. Call 01865 592670 to discuss your case or complete an enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Nicola Maynard - Reeds Solicitors
Nicola Maynard

Partner, Solicitor & Head of Prison Law

Meet the team

How We Can Help

Our Prison Law Solicitors are some of the most experienced in the country. Many are also specialists in Criminal Defence law. We are instructed by people from across England and Wales and are known for our hard work, intelligence, and focus on protecting our clients’ best interests.

Regardless of what happened to result in you being held in custody, you have a series of fundamental human rights that must be observed. We are dedicated to ensuring our clients receive fair parole hearings and ‘nickings’ adjudications.

Although people aged between 18-25 are not sent to full adult prisons, they are often vulnerable. We provide expert advice and representation on all legal problems you may encounter in prison and explain things in plain English.

Our Prison Law Solicitors can help you with a full range of matters, including but not limited to sentence calculations, determinant and indeterminant recalls, independent adjudication, parole hearings, and more. Regardless of how complicated your case is, we can provide the expertise and experience you need.

We are regularly instructed to help people who have received incorrect Sentence Plans or sentence calculation issues. We understand it can be hard to challenge sentencing issues, especially if you are being denied Legal Aid because you have been told you have not exhausted all the complaint methods available within the prison system. You can be confident that we will swiftly spot any inaccuracies in your sentence calculation or Sentence Plan and robustly represent you to ensure matters are corrected.

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FAQ

The frequency of security category reviews depends on the type of sentence, length of sentence and the time remaining to serve until release.

If the prisoner is unhappy with the categorisation, they may appeal it. There would need to be specific grounds in order for an appeal to be worthy of merit.

A reconsideration would be appropriate if:

    • Policy has not been followed, or

    • Relevant information available at the time was not considered, or

    • Information relied upon is factually incorrect, or

    • Any other reason is considered appropriate by the manager.

Every prisoner has the right to appeal. Prisons also have a legal duty to provide a full explanation of why someone is placed in a category.

The first stage would be to obtain a copy of the written decision, the Recategorisation Assessment Form, previously known as an RC1. Following this the prisoner can submit a COMP1 form and provide reasons why they feel the decision is incorrect. If when a reply is received, the prisoner continues to remain unhappy with the decision then a COMP1A can be submitted.

The Prisoner can also instruct a Prison Lawyer to assist in what to include in the COMP1 / COMP1A initially, and then to provide full representations to the prison to appeal against the decision on their behalf.

Instructing a Recategorisation Solicitor to do this on your behalf means that we can quote the relevant guidance to the prison, quote caselaw and challenge the decision in a professional way.

For information purposes, the relevant descriptions are:

    • Category A: those whose escape would be highly dangerous to the public or the police or the security of the State and for whom the aim must be to make escape impossible.

    • Restricted Status: any male young person or young adult, convicted or on remand, whose escape would present a serious risk to the public and who is required to be held in designated secure accommodation.

    • Category B (Adult Men): Offenders whose assessed risks require that they are held in the closed estate and who need security measures additional to those in a standard closed prison, but not to the level to that of a Category A prisoner.

A determinate sentence individual is generally eligible for consideration for Category D/Open at initial categorisation if:

    • They are serving a standard determinate sentence (they do not have a Parole Eligibility Date – PED) and they have less than 3 years left to serve to automatic release (Conditional Release Date – CRD), or;

    • They are serving a determinate sentence with a PED and have less than 3 years left to serve to earliest release (PED), and;

    • In either case (with or without a PED), they are not a Foreign National Offender where there is both a deportation order against the individual and their appeal rights from the UK have been exhausted (see Foreign National Offenders section). In addition, the individual must be assessed as:

    • low risk of absconding;

    • low risk of harm to the public;

    • unlikely to continue criminality while in custody;

    • unlikely to otherwise abuse the low security or disrupt the good order of the open estate.

If a prisoner does not meet the required criteria at the initial category review for Open conditions, then they will be reviewed at regular intervals throughout their sentence.

Prisoners with more than 3 years to serve until CRD (conditional release date) will have their Categorisation reviewed annually. Prisoners with less than 3 years to serve will be subject to a review every 6 months.

After the initial sentencing, the first security category assessment must be completed as soon as possible to enable transfer to an appropriate prison within 10 working days of sentencing. There must be processes in place to ensure that those who need to contribute to the risk assessment do so in a timely manner.

From then on, the guidance states that Prisoners with more than 3 years to serve until their CRD (conditional release date) will have their Categorisation reviewed annually. Prisoners with less than 3 years to serve will be subject to a review every 6 months.

The process should automatically commence when the prisoner reaches eligibility. It is the POM who instigates the Recategorisation Review.

Despite this, there may be delays in the process which we can assist with.

Being on remand means that a person will remain in prison until the start of their trial. This may occur for several reasons, such as:

    • If someone has previously been convicted

    • The court thinks there is a risk they may not attend the hearing

    • The court thinks that they may commit a crime while on bail

    • They have violated the terms of a previous bail

With the exception of a Cat A prisoner, the person on remand will not be assigned a category. Whilst they remain unconvicted they remain unclassified.

Typically, people categorised as Cat U will be held in a local prison under Category B.

A review of categorisation does not guarantee that the prisoner will be placed in a lesser category. Typically, reviews are set at regular intervals of either six months of one year, depending upon length of sentence, type of sentence and how long they have left to serve.

However, exceptional circumstances (such as, a change in behaviour, new information, or any other major change) can mean that the security category could be reviewed.

There will be a review every six months if:

    • They are serving a determinate sentence and have less than 3 years until conditional release date.

There will be an annual review if:

    • They are serving an indeterminate sentence.

    • They have more than 3 years to serve until CRD.

Any decisions regarding recategorisation must be fair and according to policy. Our solicitors will help to ensure that the client is being treated fairly and all policies are being followed to standard.

The reviewer will consider several different factors and individual risk assessments. This includes:

    • Any previous convictions

    • Current offence(s)

    • Custodial record

    • OASys (if applicable) or the Pre-sentence Report (PSR)

    • Prisoner Escort Record (PER)

    • Security Department’s assessment of evidence

    • Public Protection information (if applicable)

    • Any relevant information the police may have

    • Outcomes of ROTL

    • Behaviour and attitude

    • Previous compliance

    • Risk reduction work completed during the sentence

Prisons should, wherever possible, support individuals to make representations in advance of their scheduled categorisation review. Where representations are received, these must be considered as part of the assessment process.

Contact our specialist team immediately if you, or someone you know, is facing Recategorisation and would like to appeal.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk