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Clinks Members' Policy Briefing | December 2017
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This month Clinks published the final blog in a series on the Lammy Review of the treatment of, and outcomes for, black, Asian and minority ethnic individuals in the criminal justice system. The blog summarises David Lammy’s speech at Clinks’ AGM in November, where he spoke about the need for a vibrant voluntary sector to address disproportionality.
We also responded to a call for evidence from Crisis on ending homelessness. Our response highlights the importance of addressing people’s accommodation needs during their first contact with the criminal justice system and recommends that the Ministry of Justice develop a cross-departmental accommodation strategy in partnership with the Department for Communities and Local Government, and the Department of Work and Pensions to ensure people in contact with the criminal justice system are able to secure appropriate, safe accommodation.
On 5th December we held the most recent Reducing Reoffending Third Sector Advisory Group (RR3) meeting, looking at current policy developments in the criminal justice system, with a focus on the Lammy Review. The notes of the previous meeting on the 13th September 2017 have now been published. We are currently recruiting two new members to sit on the group from March; the deadline for applications is 5pm on 21st December.
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Urgent Notification On 30th November, the Ministry of Justice announced that a new Urgent Notification process has been introduced. This process was announced in the 2016 Ministry of Justice white paper, Prison Safety and Reform. It allows Her Majesty’s Chief Inspector of Prisons to directly alert the Lord Chancellor and Secretary of State for Justice if he has an urgent and significant concern about the performance of a prison. The process requires the Secretary of State to publish his response and a plan of action within 28 days. There will then be a longer term plan for sustained improvement.
Indeterminate sentences of Imprisonment for Public Protection (IPP) The Minister for Prisons and Probation Sam Gyimah has written this letter to the Chair of the Justice Committee, Bob Neill, about recall rates for prisoners released after serving sentences of Imprisonment for Public Protection (IPP). He clarifies that there were a total of 760 recalled IPP prisoners held in prison in June 2017, while 482 of IPP prisoners were recalled in 2017 (up from 363 in 2016). He emphasises that the threshold for recall is appropriate and that the overall numbers of IPP prisoners is decreasing. He also discusses recall rates for the overall population and states that the National Probation Service has recently issued guidance entitled ‘Alternatives to Recall’.
Justice Select Committee The Secretary of State for Justice, David Lidington has written to the Chair of the Justice Committee, Bob Neill, to provide an update on the Ministry of Justice’s work on the prison estate. In this letter he states that the 2017/18 resource and capital budget for investment works in existing prisons is £100 million. The letter also gives details of the total funding for rehabilitation services, showing that the budget for family services is £5.5 million for 2017/18, while the current annual spend for education is £130 million. Additionally, he discusses the construction of two new prisons and redevelopment of four existing prisons.
Young adults in the criminal justice system and youth custodial estate On 7th November 2017, the Justice Committee heard evidence on young adults in the criminal justice system from Philip Lee (Minister for Parliamentary Under Secretary of State for Youth Justice, Victims, Female Offenders and Offender Health), Michael Spurr (Chief Executive, Her Majesty’s Prisons and Probation Service) and Claire Toogood (Director of Youth Justice Policy, Ministry of Justice). While the committee raised concerns about the lack of a distinct government strategy for young adults, Philip Lee outlined steps being taken by the Ministry of Justice on this issue. These include developing a tool to assess the maturity of young adults entering prison and extending provision for care leavers up to age 26 as required by the Children and Social Work Act.
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Clinks publications
Briefing on the final report of the Lammy Review The Lammy Review of the treatment of, and outcomes for, black, Asian and minority ethnic individuals in the criminal justice system was published in September 2017. This briefing provides a summary of the review’s main findings and recommendations at each stage of the individual’s journey through the criminal justice system, from the point of arrest onwards. It emphasises in particular that action should be taken at the earliest opportunity by all agencies in the criminal justice system to address disproportionality through implementing the review’s ‘explain or reform’ recommendation. It also highlights areas in which the voluntary sector can play a role, such as by forming an independent scrutiny body to analyse data and ensure that reforms are taking place.
Criminal justice system
Community sentences across borders This briefing, published by the Centre for Justice Innovation, compares trends in Scotland with those in England and Wales to understand the relationship between the use of community sentences and short prison sentences. It finds that the use of community sentences in the last decade has decreased by 24% in England and Wales, while increasing by 18% in Scotland. It shows that neither the volume nor seriousness of offences explains this, and instead tentatively points to the introduction into Scottish law of a presumption against prison sentences under three months. While the causes of the decrease in England and Wales are unclear, the briefing shows that this has not led to an increase in the use of short prison sentences.
A different lens: Report on a pilot programme of active citizen forums in prison This report by the Prison Reform Trust presents the findings of their active citizens programme, launched in 2015. The programme ran active citizens forums in ten prisons, working with groups of people in prison to study a specific problem and propose solutions for the governor to consider. The report identifies problems with the programme, such as a lack of planning around safety issues for prisoners participating, but concludes that forums work well to provide senior management with prisoners’ perspectives on specific concerns and that they support people to develop a sense of responsibility towards each other.
The role of the prison officer This joint research briefing by the Howard League and Community presents the findings of focus groups and surveys with 27 prison officers working in the private sector for a range of companies. It finds that low staffing levels, a poorly-defined job description, insufficient training and a perceived lack of decision-making power have left officers feeling ignored, ineffective and unable to achieve their aims. It makes several recommendations, including that private companies and government should build rewarding careers for prison officers, that officers must be given the professional discretion and responsibility to make a positive impact, and that prisons should look to reinstate mentoring and shadowing schemes for new officers.
The effects of sentencing policy on re-offending This policy briefing by the Campbell Collective summarises evidence from 12 systematic reviews in the Campbell Library which examine sentencing policies and their effects on re-offending. The reviews find that custodial sentences do not reduce recidivism by any more than non-custodial approaches, which are cheaper and have fewer consequences for peoples’ families. Other findings include that diverting people before they enter the system is likely to produce less offending; harsh prison regimes such as boot camps are not effective; and that evidence also shows that programmes focused on specific issues such as drug use and sexual offending reduce recidivism.
Prisoners’ perceptions of care and rehabilitation from prison officers trained as Five Minute Interventionists This research, published by HM Prisons and Probation Service, reports on the experiences of ten male prisoners who participated in Five Minute Intervention (FMI) conversations with prison officers. This is a technique to turn everyday conversations into rehabilitative opportunities using skills such as Socratic questioning, active listening, and affirmation. Prisoners interviewed described changes to their thinking skills as a result of FMI conversations, as well as changes in their perception of officers. Prisoners also suggested that reinforcement of positive behaviour encouraged them to change. The research concludes that FMI training is likely to be important in improving relations between prisoners and staff but notes limitations to the study, including that participating prisoners were selected by the staff members themselves.
Criminal justice statistics
National Offender Management Service Annual Offender Equalities Report 2016/17 This report provides data on people in prison and on community sentences with protected characteristics in relation to age, gender, ethnicity and religious beliefs. It covers the reporting period up to 31st March 2017 which is prior to the introduction of Her Majesty’s Prison and Probation Service. Among its findings are that the rate of deaths for women in prison has more than doubled since 2015, that there has been a 40% increase in the number of prisoners over 50, and that 26% of prisoners are from black, Asian and minority ethnic (BAME) backgrounds despite making up only 14% of the general population. The report also shows that the proportion of people under community or suspended sentence orders aged 18-24 fell by 7% to 26% between 2011 and 2016 and that 18% of people on community sentences in 2016 came from a BAME background.
Youth justice
Children in Custody 2016 – 2017 This report by HM Inspectorate of Prisons (HMIP), commissioned by the Youth Justice Board (YJB), presents the findings from surveys of children at every secure training centre (STC) and young offender institution (YOI). It shows similar levels of ethnic disproportionality as the previous year, with 48% in STCs and 49% in YOIs from a black, Asian and minority ethnic background. It also finds that 20% of children in STCs and 39% in YOIs reported feeling unsafe during their time in custody. The report notes that, compared to the previous year, children are significantly less likely to say they have a key worker and that those who do are less likely to say their key worker has helped them.
The Work of Youth Offending Teams to Protect the Public This HM Inspectorate of Probation report examines how well Youth Offending Teams (YOTs) ensure the public are protected from young people deemed to be high-risk. Overall, the report found that YOTs do a good job protecting the public but that more could be done to recognise the effect of past traumas on young people. It found that three out of five of those who had committed serious offences had experienced deeply distressing things in their lives, although these experiences varied. It makes a number of recommendations, including that the Youth Justice Board should provide practice guidance to YOTs about the impact of trauma and that YOTs should make sure that the design and delivery of services takes account of this.
Supporting the shift: Framework for the effective resettlement of young people leaving custody Beyond Youth Custody has published this framework, outlining a ‘theory of change’ for sustainable re-entry to the community for young people leaving prison. It highlights the high reoffending rates for young people leaving custody and suggests this is down to the lack of unifying framework for service providers to understand their aim in resettlement. The framework defines the aim of resettlement as a shift in identity from one that is conducive to offending to one that promotes a crime-free life and social inclusion. It defines the role of services as supporting this shift and provides information on how to do this in custody and the community. It emphasises that this support should always be constructive, co-created, customised, consistent and co-ordinated.
Prevention in youth justice Published by the Youth Justice Board, this briefing summarises evidence about what works to prevent youth crime, and shares practice examples from Youth Offending Teams in England and Wales. The briefing finds that the most effective schemes refer young people to other services tailored to their needs, but that even taking ‘no further action’ results in lower offending than formal processing in the justice system. A number of good practice examples are highlighted, including multi-agency support, triage and key-working for those committing low level offences, and diversion towards positive activities for young people at risk of offending. The briefing takes learning from responses to a survey of YOTs, which are summarised in an accompanying document.
Black, Asian and minority ethnic people
Statistics on Race and the Criminal Justice System 2016 This Ministry of Justice publication compiles statistics from data sources across the criminal justice system to provide information on the experiences of black, Asian and minority ethnic (BAME) groups throughout the system. It shows that: black people were eight times more likely than white people to be stopped and searched during 2016/17; black and mixed race people were more likely than white people to be remanded in custody; and white people have the highest ratio of conviction for prosecuted offences of any ethnic group. It also shows that the custody rate for Asian people has increased during the last five years and that black and Asian people have consistently had the longest average custodial sentence length since 2012.
Women
“There’s a reason we’re in trouble”: Domestic abuse as a driver to women’s offending This Prison Reform Trust briefing highlights the links between women’s experiences of domestic violence and their offending. It finds that criminalisation, particularly through imprisonment, compounds the problems of women affected by abuse, that there are few measures in place to support women whose offending is linked to abusive relationships and that current legal defences do not include the spectrum of abuse that lies behind some women’s offending. It makes a number of recommendations, including that criminal justice agencies should adopt the practice of routine enquiry into women’s histories of domestic abuse at each stage of the process and that the Ministry of Justice should ensure that there are programmes of information and support funded for women affected by domestic abuse.
Substance misuse
Learning lessons bulletin: Approved Premises – substance misuse This Prisons and Probation Ombudsman bulletin provides learning from their investigations into the deaths of Approved Premises residents where abuse of drugs or alcohol was involved. The bulletin raises concerns around drug testing procedures, information sharing and staff welfare checks on residents. It identifies several lessons to be learned, including that testing practices should reflect the resident’s full risk of misusing all types of substances, that staff should advise residents of the dangers of using New Psychoactive Substances, and that staff must have sight of the resident in question when undertaking a welfare check.
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Strategic grant funding opportunities from HMPPS This blog by Clinks' Head of Policy and Communication, Nathan Dick, outlines the current opportunities offered by HM Prisons and Probation Service's strategic grants programme. There are five grants available, for work in the following areas: providing infrastructure support for small and medium sized voluntary organisations, providing emotional support to prisoners in distress or crisis, providing welfare support to British citizens imprisoned abroad on their return to the United Kingdom, providing advice and support for those released from custody following a miscarriage of justice, and engagement with prisons, probation and a range of secure environments to motivate people to participate in arts
After the Lammy Review blog 5: BAME people in the police This is the fifth blog in a series following Clinks’ roundtables on the Lammy Review at the Labour and Conservative party conferences. Julia Mulligan, Police and Crime Commissioner for North Yorkshire, discusses the importance of increasing the number black, Asian and minority ethnic (BAME) people in the police force in order to increase BAME people’s trust in the police. She writes, “In the Police and Crime Plan for North Yorkshire, ‘reinforcing local policing’ and ‘enhancing the customer experience’ are two of my four priorities and I believe that increasing diversity within policing through recruitment and retention are fundamental to success.”
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