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Clinks Members' Policy Briefing | November 2017
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We held our annual conference on 2nd November, bringing together voluntary organisations working in criminal justice around this year’s theme: ‘Resilience: responding to adversity and change in the criminal justice system'. Dame Glenys Stacey, HM Chief Inspector of Probation, gave the keynote speech for the conference, thanking the voluntary sector for the work it does in preventing reoffending.
2nd November also saw the launch of our annual review, which gives overview of our focuses and achievements during the year 2016-17. The review shows how Clinks has supported its members to rise to the challenges in our criminal justice system in the face of change and uncertainty and how our members are finding solutions, embracing change and bouncing back in the face of adversity. It also includes short interviews with Clinks staff and members, in which they their views on what resilience means to them.
In October, Lord Farmer hosted a debate in the House of Lords on his review of family ties for men in prison, which was carried out in partnership with Clinks. Fifteen peers spoke in support of the review’s recommendations and drew attention to the ways in which positive family relationships can improve safety in prison and support people to successfully resettle in the community after their release.
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Lord Farmer Review - Implementing the recommendations Sam Gyimah, Minister for Prisons and Probation, has written to Bob Neill MP, Chair of the Justice Committee, to provide an update on the implementation of the recommendations of Lord Farmer’s review of family ties for men in prison. In it, he states that all 19 of Lord Farmer’s recommendations are being implemented and that a new Family and Significant Other policy is being developed centrally, while prison governors will be expected to develop local family strategies. He writes that a Family Strategy Board will manage and update the implementation plan and Lord Farmer will be kept abreast of developments.
Ethnicity Facts and Figures The government launched a website on 10th October which provides data on inequalities and disparities relating to ethnicity in a range of areas such as criminal justice, education, health and housing. The section on the criminal justice system gives statistics on each stages of the criminal justice system. It shows that black defendants are more likely than defendants of other ethnicities to be remanded in custody at Crown Court, that the conviction rate for indictable offences is highest for white defendants and that average custodial sentence lengths are longer for black and Asian defendants.
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Clinks publications
LVSC and Clinks’ response to the London Assembly Police and Crime Committee Investigation: women offenders This joint response by the London Voluntary Sector Council and Clinks discusses the main barriers to supporting women in contact with the criminal justice system in London and the difficulties faced by women-centred services providing this support. The response puts forward a number of key principles to guide the new Female Offender Service set up by the Mayor’s Office for Policing and Crime including supporting the desistance process, focusing on diversion and early intervention and addressing the needs of black, Asian and minority ethnic women. It also provides case studies, outlining good practice in other areas of England and Wales that could be replicated in London.
Criminal justice system
Life in prison: Living conditions This findings paper by HM Inspectorate of Prisons is part of a series which focuses on daily life in prisons. It looks at the types of cells that people in prison live in and the in-cell activities they take part in. It finds that 21% of adult prisoners reported spending less than two hours out of cell on weekdays and only 14% reported more than ten hours out of cell. It finds that conditions in many prison cells are poor, with problems such as damp and exposed wiring, as well as sanitary issues with toilets. Overall, the paper concludes that conditions vary across the prison estate and that access to activities to help prisoners use their time constructively is limited.
The work of the Ministry of Justice The Justice Select Committee held a one-off evidence session on the work of the Ministry of Justice on 25th October. Evidence was given by Rt Hon David Lidington MP, Lord Chancellor and Secretary of State for Justice; Richard Heaton, Permanent Secretary, Ministry of Justice; and Mike Driver, Chief Financial Officer, Ministry of Justice. A range of subjects were explored during the session including: the secretary of state’s vision for the department; prisons, including their population, safety and staffing; probation; legal aid; and courts.
Work of the Parole Board The Justice Select Committee held a one-off oral evidence session on the work of the Parole Board on 18th October. The witnesses at the session were Professor Nick Hardwick, Chair of the Parole Board for England and Wales and Martin Jones, Chief Executive of the Parole Board. The session focused on the measures taken by the Parole Board and the Ministry of Justice to improve the effectiveness of the board and parole system, as well as the particular circumstances for people serving indeterminate sentences of imprisonment for public protection (IPP). The session highlighted that the IPP population recalled to prison has grown by 22% in the past year, which Professor Hardwick attributed to an inappropriately low threshold for recall.
Have prisons become a dangerous place? Disproportionality, safety and mental health in British Prisons This report, published by the Runnymede Trust and the University of Greenwich, looks at disproportionately negative experiences for black, Asian and minority ethnic (BAME) people in prison such as higher likelihood of facing adjudications and being placed in segregation. It shows that policies such as cuts in prison staff have exacerbated these negative outcomes and lead to disproportionality in areas such as use of force. It makes four recommendations: increasing the number of skilled staff per wing, increasing the diversity of prison staff, improving staff training and targeting interventions at BAME prisoners in order to reduce the use of force by prison staff against them.
Criminal justice statistics
Deaths of Offenders in the Community 2016/17 This statistical report, published by the Ministry of Justice, details the number of deaths of people being supervised in the community by probation services in England and Wales. The main findings include: the number of deaths of people under community supervision continues to rise (up from 7% from the previous year) and deaths during post-release continue to rise and is up by 28% on the previous year. It details that natural-cause deaths account for the majority of deaths of those supervised National Probation Service (44%), whilst self-inflicted deaths predominated for those supervised by Community Rehabilitation Companies (34%).
Costs per place and costs per prisoner by individual prison Published by the Ministry of Justice, these statistics give a detailed account of the cost per prison place and cost per prisoner, broken down by the function of the prison (category and population gender and age) and by sector (public or private). The statistics show that spending per place and per prisoner has decreased in each category, with an overall reduction of 3.4% in spending per place and 2.8% per prisoner.
Proven reoffending statistics: October 2015 to December 2015 Published by the Ministry of Justice, this report provides key statistics relating to reoffending by people who were released from custody, received a non-custodial conviction at court, or received a caution during the three month period between October 2015 to December 2015. Key statistics include: 29.6% of adult and young people reoffended within a year; 41.8% of young people reoffended within a year; and 28.7% of adults reoffended within a year. These statistics are the first payment by results cohort for Transforming Rehabilitation, providing some insight into the impact of the reforms to probation on re-offending rates.
Youth justice
An analysis of trends in first time entrants to the youth justice system This report, published by the Ministry of Justice and written by RAND Europe and Get the Data examines the reasons for the drop in first time entrants (FTEs) to the youth justice system since 2007, as well as changes in demographics of FTEs. It suggests that the main driver in the drop in FTEs was a change in criminal justice processes and/or decision making, highlighting in particular the 2008 revision of the government target for offences brought to justice and increases in police-led diversionary practices. The report shows that FTEs are now more likely to be older, have committed a more serious offence and be from a black, Asian and minority ethnic background.
Disclosure of youth criminal records Published by the Justice Select Committee, this report presents evidence gathered on the disclosure of youth criminal records before Parliament was dissolved for the June 2017 election. It concludes that the current disclosure system undermines the principles of the youth justice system and is also likely to fall short of the UK’s obligations under the UN Convention on the Rights of the Child. Recommendations include: developing coherent government policy in this area through consolidating responsibility into a single department; expanding the ‘Ban the Box’ campaign to all public sector vacancies; and an urgent review of the filtering regime to consider removing the rule that prevents filtering of multiple convictions.
Using family court data to explore links between adverse family experiences and proven youth offending The Ministry of Justice has published this analytical summary, exploring the links between youth offending and adverse family experiences. It focuses on children that have been named in a public law case, where the local authority has intervened to protect their welfare. It finds that those in contact with the public law system were more likely to offend and commit multiple offences between the ages of 10 and 17 than their counterparts. It also finds that maltreatment and going into care may have a stronger association with youth offending if experienced as a teenager rather than only in childhood.
Accommodation
Housing support for ex-offenders (England and Wales) The House of Commons Library has published this briefing paper which explores the housing support available to people leaving prison. The briefing identifies a link between lack of accommodation support and re-offending, and examines the role of probation, local authorities, the voluntary sector and the welfare system in aiding access to housing. The briefing identifies a range of barriers to providing accommodation to people leaving prison. These include a lack of practical support from probation services, a reluctance from local authorities to categorise people leaving prison as ‘priority need’ for housing and the loss of housing benefits and other welfare payments while in prison.
Education
Greenhouses not Warehouses Published by the Prisoner Learning Alliance, which Clinks and the National Criminal Justice Arts Alliance are members of, this workbook is designed to support prison governors and managers with the process of prison governor-led education commissioning. The Offender Learning and Skills Service (OLASS) contracts come to an end in 2018 and prisons are being given increasing flexibility and control over education budgets and the ability to commission a wide range of provision. The workbook takes governors through every step of the commissioning process, from selecting education that is in keeping with the prison's overall vision and strategy, to identifying needs of specific populations, to forming effective partnerships.
Courts
Defendants on video – conveyor belt justice or a revolution in access? Transforming Justice has published this report exploring the impact of the increasing use of video hearings in the criminal justice system on the way the court is perceived and the relationship between a lawyer and their client. It points to research demonstrating that defendants who appear on video are more likely to get prison sentences and suggests that the use of video hearings may prevent sentencers from understanding the support needs of defendants. It concludes that video hearings reduce defendants’ understanding of and respect for the court process and argues that improving the way that video is used may be more costly than using existing physical courts.
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After the Lammy Review blog 2: Gypsies, Roma and Irish Travellers in the justice system This is the second blog in a series following Clinks’ roundtables on the Lammy Review at both the Labour and Conservative Party Conferences. Kate Green, Labour MP for Stretford and Urmston and former member of the justice select committee, looks at the experiences of Gypsies, Roma and Irish Travellers in the criminal justice system. She writes, “…despite representing just 0.1% of the wider population, Gypsies, Roma and Irish Travellers account for approximately 5% of male prisoners. In some prisons, the population appears to be as high as 12%. These high figures are despite the deficiencies in data collection: 8% of women at HMP New Hall identified themselves as Gypsy, Roma or Traveller, despite the prison reporting one known Traveller.”
After the Lammy Review blog 3: Lammy Review starts an uncomfortable but important conversation This is the second blog in a series following Clinks’ roundtables on the Lammy Review at both the Labour and Conservative Party Conferences. Conservative Londonwide Assembly Member, Shaun Bailey, looks at the findings of the Lammy Review and how changes could be made to address societal inequalities. He writes, “There is often a conflation between addressing societal inequalities and minorities wanting ‘special treatment’. In fact, all we are asking for is acceptance and parity in the eyes of the law and public services.”
Developing our message to government: the roles of central government and the voluntary sector This is the second of three blogs by Laura Greeson, Policy and Practice Officer at the Making Every Adult Matter (MEAM) coalition, which reflects on the nationwide consultation that helped shape MEAM’s recent report on political leadership on multiple needs. Laura writes, “People we spoke to felt that when people experiencing multiple needs have been turned away from mainstream services – either because they don’t meet the threshold or conversely are considered to have needs that are too complex – it is often small locally-led charities that are able to identify these individuals and support them to trust and navigate services again.”
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