Thursday 12 September 2013

Offending Behaviour Programmes

What are offending behaviour programmes ("OBPs")?

OBPs are courses for prisoners which they complete whilst in custody. The central aim of all OBPs is to reduce reoffending. This is achieved through the courses by challenging behaviour and attitudes which contributed to the prisoner's offending. The content and structure of the courses are tailored to address an offender's needs and risks.

Examples of OBPs include:
  • Sex Offender Treatment Programmes;
  • Controlling Anger and Learning to Manage it;
  • Healthy Relationships Programme.

You can find a fuller list of programmes here.

OBPs are not compulsory, however, as discussed below, they are instrumental in demonstrating risk reduction, which ultimately is at the heart of the question of release.

Risk reduction
Completion of OBPs is essential for an offender to demonstrate that he has reduced his risk. This is because OBPs seek to challenging offending behaviour. It follows that an offender who can demonstrate successful completion to the Parole Board is more likely to persuade the Board that he has addressed his offending behaviour and the risk he poses to the public or select individuals.
What if a prisoner refuses to attend an OBP?
As stated above, attendance on OBPs is not compulsory, however refusal to attend raises problems for indeterminate sentence prisoners. This is because their release is contingent on the Parole Board directing that they should be released.


Can a prisoner who denies his offence complete an OBP?

Generally, yes, as eligibility for most OBPs is not dependent on the prisoner accepting guilt. However, an exception to this is the Sex Offender Treatment Programmes. SOTPs require the prisoner  to give a full account of the offence.

Are all courses available at all prisons?

No, and this can cause problems, because completion of an unavailable course may be central to the individual's sentence plan. In these cases, the prisoner should apply to be allocated to another prison where the OBP in question is offered.

Problems and remedies in relation to the provision of OBPs

It has been previously held that the Prison Service's failure to provide sufficient OBPs is arbitrary and unreasonable and therefore unlawful (Walker v Secretary of State for the Home Department [2008] EWCA Civ 30). An individual who is facing problems in relation to OBPs, including prohibition of access to these courses, should seek legal advice. Judicial review could provide a line of redress for prisoners facing this problem.

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