“A category A prisoner is a prisoner 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.”
“Before approving a confirmed Category A / Restricted Status prisoner’s downgrading the DDC High Security (or delegated authority) must have convincing evidence that the prisoner’s risk of re-offending if unlawfully at large has significantly reduced, such as evidence that shows the prisoner has significantly changed their attitudes towards their offending or has developed skills to help prevent similar offending.”
“The Panel discussed the fact that Mr Cummings has had positive reports from all departments over the last two years and there has been a marked improvement in his attitude. He still remains a high risk to the public and there are concerns noted by the Security Department about anti-western views. Mr Cummings has completed SCP and is still submitting his journal. The Panel agreed that Mr Cummings needed to further demonstrate skills learnt on completed offending behaviour programmes as there were still some concerns remaining. The Panel felt that these concerns could be managed in the Category B estate. The Panel recommended that if the downgrade recommendation is agreed Mr Cummings should remain in the High Security Estate for a minimum of six months to continue to demonstrate the skills learnt on offending behaviour programmes. With a view thereafter if good behaviour continues to transfer to a suitable Category B Establishment. The Panel conclude that Mr Cummings downgrade to Category B.”
“The Director noted that there had been some recent encouraging signs of progress in terms of Mr Cummings discussing and address his violent offending through intervention. He also noted the good reports from this work and his more positive attitude and engagement with staff. But in view of the very serious nature of his offending, the Director considered that his successful application of the new skills needed be sustained and assessed over a substantial period. The Director noted that Mr Cummings’ completion of work on his use of violence and his positive behaviour were both relatively recent. He also noted that the LAP had itself recommended that Mr Cummings needed to demonstrate skills more clearly due to outstanding concerns. It was also acknowledged his risk to the public was assessed as high. The Director noted that the LAP had suggested that Mr Cummings could be further monitored and tested in less secure conditions however, whilst the Director noted that Mr Cummings was making good progress on the process of personal change as evidenced by his recent behaviour and completion of the SCP, he was not satisfied that he had at this time made the level of change that was indicative of a significant reduction in risk and that Mr Cummings’ demonstration of significant risk reduction should precede his downgrading and a period of consolidation was required that would allow him to apply his new skills. Having regard to the serious nature of the present offences which evidenced a propensity for extreme violence, his offending history and the lack of sufficiently cogent evidence at present, through offence related work or otherwise, that the risk Mr Cummings re-offending in a similar way if unlawfully at large had significantly diminished, the Director concluded that he must still be regarded as potentially highly dangerous to the public. On the information available, the Director concluded that there were at present insufficient grounds on which a downgrading of his security category could be justified and that he should remain in Category A.”
“Future Treatment Path During his time in custody Mr Cummings has completed the appropriate offence related interventions related to his level of risk of violent offending in order to address the treatment needs associated with this area. As highlighted in the reviewed HCR-20 and VRS post treatment assessments Mr Cummings has made good progress in both developing his understanding of his treatment needs and working to address them. It is not felt necessary for Mr Cummings to complete any further structured intervention work at this time. It is my opinion that Mr Cummings would benefit from being assessed for his suitability for a Psychologically Informed Planned Environment (PIPE Unit). A PIPE Unit aims to offer a supportive, enabling and challenging environment in which offenders can practice and develop skills learned from treatment, and reflect on and evaluate their progress with trained staff. The PIPE Unit would provide Mr Cummings with the opportunity to consolidate and evidence what he has learnt from offence related interventions to date, whilst also supporting him and affording him the opportunity to further develop in areas that remain outstanding. It is therefore recommended that Mr Cummings liaise with his offender supervisor regarding a referral to the PIPE Unit at HMP Frankland. Conclusion and opinion in relation to specific areas of instruction … Mr Cummings has previously completed the ETS (2009), CALM (2011) and SCP (2012). A HCR-20 and VRS assessments were completed in 2009 and then reviewed in 2011. Since this time Mr Cummings has accepted full responsibility for his index offence and so both assessments have been reviewed in order to determine the progress made in addressing areas associated with his risk of violence through completion of SCP. Both assessments show that there are areas that would benefit from further consideration however overall a reduction in risk has been shown and the positive progress made has been highlighted. It is recommended that Mr Cummings seek a referral to a PIPE unit. If Mr Cummings was assessed as suitable and accepted, this would provide him with a supportive yet challenging environment, in which he could consolidate and evidence what he has learnt from offence related interventions to date, whilst also providing him with support and the opportunity to further develop in areas that remain outstanding.”
“The DDC High Security recognised Mr Cummings’s overall behaviour had been acceptable, that he had accepted responsibility for his present offence and had engaged in suitable intervention. He noted Mr Cummings had now had two recommendations for downgrading. Set against this however he noted several factors which suggested Mr Cummings had yet to achieve lasting and significant risk reduction. The DDC High Security noted that, while Mr Cummings had made progress on most of his identified risk factors, the reports nonetheless conclude he continues to pose a medium risk of reconviction and of serious harm in the community. Taking into account the serious nature of Mr Cummings’s offending he considered this did not provide reliable evidence he had significantly reduced his risk if unlawfully at large. He noted the reports recommend Mr Cummings works further on certain areas, and also have his application of skills tested and monitored through a PIPE unit. He noted also that although some negative intelligence has not been substantiated, there has been other intelligence undermining the otherwise positive reports. The DDC High Security concluded that Mr Cummings had made some recent progress. But he considered there was sufficient information to suggest that, before significant risk reduction could be properly determined, further progress was needed in addressing outstanding issues and in the demonstration of skills. The DDC High Security therefore considered evidence of a significant reduction in Mr Cummings’s risk of similar reoffending if unlawfully at large was not available at this time, despite his cooperation with necessary intervention. He was satisfied Mr Cummings must therefore stay in Category A at this time.”
“It is noted however that Mr Cummings had a ‘heated argument’ with another prisoner whilst on accumulated visits, which related to the use of the phone on the landing. It is reported that Mr Cummings ‘challenged’ the other offender to come to his cell. On disclosing this report to Mr Cummings he stated that he did not challenge the person involved. He acknowledged that there had been an argument, however stated that he felt he had made progress as in the past this would have turned into a fight.”
“Mr Cummings is currently employed in the Auto Cad workshop and timetabled sessions in Education Staff note that he interacts well and has been known to help out on the wing when required and they describe him as polite and well mannered. However in July 2015 he was placed into segregation for a short period of time following allegations that he was involved in the alleged assault on another prisoner, however it is important to note that he was returned to the wing with no further action. His IEP level was reduced to Basic as a result of investigation into the incident and he was upgraded to Standard IEP in August 2015. His level was further raised to Enhanced in February 2016. The panel noted his previous progress in addressing his offending behaviour through completion of the ETS (2009), CALM (2010) and the SCP (December 2012) identified in his representations. In his last OASys report using the OVP scale, he has been assessed as presenting a ‘low’ risk of proven reoffending for non-sexual violent offences. The OGP assessment suggests that he presents a ‘medium’ risk of future re-offending and the OGRS3 risk predictor assesses him as ‘medium’ risk of reconviction. Based on the risk of serious harm classifications, Mr Cummings is assessed as presenting a medium risk of serious harm to the public in the community and low to others in the community and custody as noted in his representations. Mr Cummings latest sentence plan was held on21/04/2015 and the discussion centred on good custodial behaviour and achieving repatriation to Grenada as he is aware that he will be deported to Grenada at the end of his sentence and would rather be repatriated. As yet there has been no decision by the Secretary State / Grenada Government if this will be granted. It has been reported that Mr Cummings would benefit from being assessed for his suitability for a Psychologically Informed Planned Environment (PIPE Unit), as this would allow opportunity to consolidate and evidence what he has learnt from offence related interventions to date, whilst also supporting him and affording him the opportunity to further develop in areas that remain outstanding. Mr Cummings has no proven adjudications/warnings/negative NOMIS entries during the reporting period. There is no evidence of drug or alcohol misuse whilst in custody. There are IR’s regarding Mr Cummings associations and behaviour however they are minimal and will not be used in isolation to determine the outcome of the review. The panel recommend Mr Cummings be considered for re-categorisation. The panel noted that Mr Cummings has engaged in an appropriate breadth of intervention work to target his risk factors, including the high intensity Self-Change Programme to help address his use of violence. The panel also noted the improvement in Mr Cummings custodial behaviour over recent years. The panel share the recommendation of the CAT of last year which outlined the benefits of a PIPE by way of consolidating and safely practising his coping strategies and felt that this work could be achieved as a Category B prisoner.”
“The Director noted no significant changes in his circumstances since the last review. The Director accepted that Mr Cummings has participated in relevant intervention work through SCP. The Director noted that Mr Cummings has previously been recommended for downgrading and is approaching the completion of his tariff. However, the Director noted that at the time of last downgrading recommendation there were continuing concerns over his effective application of skills related to self-management and use of aggression following the SCP. The Director considered that the current reports provide no convincing evidence that Mr Cummings has significantly improved or developed in the reporting period. The reports, in fact provide negative information that Mr Cummings still struggles to manage his emotions and relations with others and is not making effective use of skills from intervention work. The Director considered there continues to be no convincing evidence of significant risk reduction, and that Mr Cummings’ testing through a PIPE unit first remains a valid recommendation.”
“It is impossible to define exhaustively the circumstances in which an oral hearing will be necessary, but such circumstances will often include the following. (a) Where facts which appear to the board to be important are in dispute, or where a significant explanation or mitigation is advanced which needs to be heard orally in order fairly to determine its credibility. The board should guard against any tendency to underestimate the importance of issues of fact which may be disputed or open to explanation or mitigation.”
“Where the board cannot otherwise properly or fairly make an independent assessment of risk, or of the means by which it should be managed and addressed. That is likely to be the position in cases where such an assessment may depend on the view formed by the board (including its members with expertise in psychology or psychiatry) of characteristics of the prisoner which can best be judged by seeing or questioning him in person, or where a psychological assessment produced by the Ministry of Justice is disputed on tenable grounds, or where the board may be materially assisted by hearing evidence, for example from a psychologist or psychiatrist. Cases concerning prisoners who have spent many years in custody are likely to fall into the first of these categories.”
“The PIPE Unit would provide Mr Cummings with the opportunity to consolidate and evidence what he has learnt from offence related interventions to date, whilst also supporting him and affording him the opportunity to further develop in areas that remain outstanding.”
“He noted the reports recommend Mr. Cummings works further on certain areas, and also have his application of skills tested and monitored through a PIPE unit.”
“ … before significant risk reduction could be properly determined, further progress was needed in addressing outstanding issues and in the demonstration of skills.”
“Where it is maintained on tenable grounds that a face-to-face encounter with the board, or the questioning of those who have dealt with the prisoner, is necessary in order to enable him or his representatives to put their case effectively or to test the views of those who have dealt with him.”
“The board should also bear in mind that the purpose of holding an oral hearing is not only to assist it in its decision-making, but also to reflect the prisoner's legitimate interest in being able to participate in a decision with important implications for him, where he has something useful to contribute.”
“The question whether fairness requires a prisoner to be given an oral hearing is different from the question whether he has a particular likelihood of being released or transferred to open conditions, and cannot be answered by assessing that likelihood.”
“When dealing with cases concerning recalled prisoners, the board should bear in mind that the prisoner has been deprived of his freedom, albeit conditional. When dealing with cases concerning post-tariff indeterminate sentence prisoners, it should scrutinise ever more anxiously whether the level of risk is unacceptable, the longer the time the prisoner has spent in prison following the expiry of his tariff.”