Travel Abroad While On Licence: What's The Verdict?

If you are on licence, you will likely face restrictions on travelling abroad. Licences typically include a standard condition that you must not leave the country without obtaining prior permission from your supervising officer, which will only be granted in exceptional circumstances. If you are refused permission, you can go through the Probation Services Complaints Process and, if necessary, challenge the decision by means of a Judicial Review.

You can travel freely within the UK while on licence

If you are on licence, you can travel freely within the UK, including England, Wales, Scotland, and Northern Ireland. However, this does not include British Overseas Territories, such as Bermuda, the Cayman Islands, the Falkland Islands, and Gibraltar, which are independently administered jurisdictions. If you wish to travel to any of these territories, you must seek permission from your supervising or probation officer first.

When travelling within the UK while on licence, it is important to notify your probation officer in advance of any proposed travel away from your approved address. This is to ensure that your travel plans do not breach the conditions of your licence. For example, if you are on the sex offenders' register, you must notify the police of your intention to travel away from your approved address and comply with any relevant notification requirements.

It is worth noting that each probation area may have its own approach to travel within the UK while on licence. Therefore, it is advisable to check your specific licence conditions and consult with your probation officer or probation area for further guidance.

While travelling within the UK, it is crucial to adhere to the conditions of your licence and maintain compliance with any relevant legal requirements.

You will need permission to travel to British Overseas Territories

If you are a British citizen and you want to travel to a British Overseas Territory, you will need to apply for a visa. British citizens do not have the automatic right to move to or permanently reside in British Overseas Territories. Each territory maintains its own rules regarding visa policies, so it is important to check the specific requirements for your destination.

The British Overseas Territories are:

• Bermuda
• Gibraltar
• The British Virgin Islands
• The Cayman Islands
• The Falkland Islands
• Turks and Caicos Islands
• Anguilla
• British Indian Ocean Territory
• South Georgia and the South Sandwich Islands
• British Antarctic Territory
• St Helena and its dependencies (Ascension and Tristan da Cunha)
• Montserrat
• The Pitcairn Group of Islands
• The Sovereign Base Areas on Cyprus

To apply for a visa to any of these territories, you will need to contact the relevant authorities and provide the necessary documentation. The process may vary depending on the territory, so it is important to check the specific requirements for your chosen destination.

In addition to visa requirements, there may be other considerations when travelling to British Overseas Territories. For example, some territories may have specific entry requirements, such as proof of travel insurance or a valid passport with a minimum validity period. It is important to thoroughly research the requirements for your chosen destination before planning your trip.

Probation's decision-making process for granting travel abroad is outlined in Probation Instruction 20/2012

The Probation Instruction 20/2012 outlines the decision-making process for granting travel abroad while on licence. The process involves several steps and considerations to ensure compliance with the conditions of an individual's licence. Here is an outline of the process:

• Checking Licence Conditions: It is essential to begin by reviewing the specific licence conditions imposed on the individual. The standard licence condition regarding travel states, "not [to] travel outside the United Kingdom, the Channel Islands, or the Isle of Man without the prior permission of the responsible officer." Understanding this condition is crucial before proceeding.
• Discussing with the Probation Officer: The next step is to have a conversation with the supervising or probation officer. While an informal approach may be possible initially, it is advisable to make a formal, written request for permission to travel abroad. This ensures that a response is also provided in writing, clearly stating the reasons for any refusal.
• Providing Relevant Information: When making the request, it is important to provide detailed information about the purpose of the trip, the intended destination(s), and any other relevant details. This helps the probation officer make an informed decision and assess any potential risks or concerns.
• Understanding the Decision-Making Criteria: Probation officers consider several factors when deciding whether to grant permission for travel abroad. These factors include the individual's compliance with licence conditions, the nature of the offence, and the potential impact on the risk of reoffending. They also take into account practical considerations, such as the availability of supervision or support services in the destination country.
• Appealing a Refusal: If permission is refused, the individual has the right to appeal the decision. This involves following the Probation Services Complaints Process and, if necessary, pursuing a Judicial Review. It is important to note that a Judicial Review is a court process that individuals can undertake without needing legal qualifications, although seeking legal advice or representation is an option.
• Obtaining Permission and Complying with Conditions: When permission is granted, the individual must adhere to any conditions or requirements specified by the probation officer. This may include providing travel dates, accommodation addresses, and notifying the probation officer of any logistical changes or their return to the UK.

The decision-making process outlined in Probation Instruction 20/2012 aims to balance the individual's desire to travel with the need to manage risks, ensure public protection, and comply with the conditions of their licence. Each case is assessed on its own merits, and decisions are made based on the specific circumstances presented.

You can challenge a refusal from your Probation Officer by going through the Probation Services Complaints Process

If your Probation Officer refuses to let you travel abroad, you can challenge their decision by going through the Probation Services Complaints Process. This process allows anyone, including those under licence, to make a complaint about the Probation Service. Here's a step-by-step guide on how to do it:

Step 1: Informal Complaint

You can start by making an informal complaint, although this is not mandatory. An informal complaint can be made in writing, over the phone, or through direct personal contact with the Probation Officer or their line manager. After this, you should receive a letter outlining the complaint and its outcome.

Step 2: Formal Complaint

If you are not satisfied with the outcome of the informal complaint, or if you choose to skip the informal stage, you can proceed to make a formal complaint. A formal complaint should be made in writing and addressed to the Deputy Director of the National Probation Service (NPS) division or the Chief Executive of the Community Rehabilitation Company (CRC).

Within five working days of receiving your letter, you should be informed whether your complaint is eligible for consideration and when you can expect a full reply. The Deputy Director or Chief Executive will appoint someone to investigate your complaint.

Step 3: Investigation

The appointed investigator will look into your complaint and provide an outcome in writing, along with the reasons for the decision, within 25 working days of acknowledging the complaint. If there is a delay, they should inform you and provide a new deadline for the full response.

Step 4: Appeal

If you are still unhappy with the outcome, you can appeal the decision within 20 working days from the date of the reply. You should explain why you are dissatisfied with the response. The outcome of this appeal should be communicated to you within 20 working days of receiving the appeal. Again, if there is a delay, they should notify you and provide a new deadline.

Step 5: Prisons and Probation Ombudsman

If you have completed the internal complaints process and are still not satisfied, you can contact the Prisons and Probation Ombudsman. The Ombudsman is independent and will examine complaints about the management, supervision, care, and treatment received while on licence or in prison.

To have your complaint investigated by the Ombudsman, the following criteria must be met:

• You have completed the internal complaints process.
• It has been less than three months since you received a response to the final stage of your complaint.
• Your complaint raises a substantial issue.
• You are the person directly affected by the complaint.

If the Ombudsman finds that you were not treated fairly, they may ask the Probation Service to change their decision or recommend changes to the head of the National Probation Service.

If you are granted permission to travel, you must notify Probation of any logistical changes

If you are granted permission to travel abroad while on licence, you must notify Probation of any logistical changes. This is because your licence conditions will still apply while you are abroad, and breaking these conditions could mean going back to prison.

Probation must be informed of any changes to your travel plans, such as the dates of your trip and your accommodation address. You should also notify them when you are back in the UK. It is important to maintain open communication with your Probation Officer and keep them updated on any developments or adjustments to your itinerary.

In addition to logistical changes, you may also need to provide additional information before your trip. This could include details such as the purpose of your trip, the intended destination(s), and the duration of your stay. Being transparent and providing this information in a timely manner is crucial to ensuring compliance with the terms of your licence.

While on licence, it is essential to understand that you are still serving your sentence, even if you are not physically in prison. The conditions of your licence, including the requirement to seek permission for travel and notify Probation of any changes, are in place to assess the risk of reoffending and ensure your successful reintegration into the community.

By proactively communicating any logistical changes to Probation, you can help demonstrate your commitment to complying with the conditions of your licence and maintain a positive relationship with your Probation Officer. This, in turn, can contribute to a smoother transition back into society and support your long-term goal of moving forward positively.

Frequently asked questions