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In this month's edition...
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This week Anne Fox, Clinks Chief Executive Officer, will be giving oral evidence to the Commission on Justice in Wales about how the criminal justice system (CJS) in Wales should respond to women. The Commission is inviting further responses from the voluntary sector. Please email JusticeCommission@gov.wales for the questions. The deadline for responses is 1st April.
Clinks is supporting the Ministry of Justice (MoJ) by hosting three events in February as part of the next stage in the MoJ engagement with the voluntary sector on the future of probation services.
Clinks has submitted a briefing to the MoJ on Universal Credit for people leaving prison, drawing on our State of the sector research and a rapid call for evidence. Our briefing, which will be published shortly, highlights the impact on people of being unable to access benefit payments quickly after leaving prison.
Clinks is providing the secretariat for a Special Interest Group (SIG) on employment support for the Reducing Reoffending Third Sector Advisory Group (RR3). The SIG will provide advice to the government on the implementation of the Education and Employment Strategy.
Jessica Mullen, Head of Policy and Communications attended the second roundtable meeting with Edward Argar MP, Parliamentary Under Secretary of State at the MoJ, on the subject of black, Asian and minority ethnic people's trust in the CJS. Clinks raised workforce diversity, the need to scrutinise discretionary decision making informed by perceptions of risk, and the importance of embedding race equality in the culture of the CJS.
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Next Chief Executive of HM Prison and Probation Service announced The Ministry of Justice has announced the appointment of the next Chief Executive of HM Prison and Probation Service (HMPPS). Michael Spurr is stepping down as Chief Executive of HMPPS. Dr Jo Farrar has been appointed to the role and will take up the post on 1st April 2019. Dr Farrar has been Director General for Local Government and Public Services at the Ministry of Housing, Communities and Local Government since 2016. Before that, she served as Chief Executive first at Bath and North-East Somerset Council and then at Bridgend County Borough Council.
Domestic abuse consultation response and draft bill The government has published its response to the domestic abuse consultation, which Clinks submitted a response to, alongside the draft Domestic Abuse Bill. Clinks recommended earlier intervention and greater use of schemes that divert women away from the criminal justice system. We also highlighted the importance of a whole-systems approach involving women-led voluntary sector services. The government’s response recognises the link between experiences of abuse and offending, and reiterates the commitments it made in the Female Offender Strategy.
Funding awarded for women in the criminal justice system The Ministry of Justice has announced more allocation of funding from the Female Offender Strategy. The funding is for community support services for women in the criminal justice system (CJS) and part of the government’s commitment to reduce the number of women entering the CJS. £1.6 million has been awarded to 18 projects across England and Wales. Successful bidders include Anawim; Brighton Women’s Centre; CoLab Exeter; Hibiscus; North Wales Women’s Centre and Trevi House. Funding has also gone towards the creation of a new Women’s Centre in York.
Plenary debate on prisons and criminal justice Plaid Cymru held a plenary debate on prisons and criminal justice over concerns about the incarceration rate in Wales and the disproportionate impact on vulnerable and disadvantaged communities. Accommodation was raised as a key issue with acknowledgment that more needs to be done to prevent homelessness. Political parties also highlighted the damaging impact that custodial sentences can have on women and young people and the need for more community solutions. Clinks is pleased to see Pact praised in the debate for its work in HMP Cardiff with the Family Tree Café. The debate starts at 2:54 on the video.
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Probation
Management and supervision of men convicted of sexual offences Her Majesty’s Inspectorates of probation and prison conducted a joint thematic inspection into the management and supervision of men convicted of sexual offences and found that significant improvements need to be made. Not enough was being done to protect children and in many cases no work was being done to address sexual offending behaviour. They recommend that evidence-informed interventions be provided in custody and the community for those whose needs are not met by accredited programmes; that IT systems are improved to enhance joint working; and that all people in custody with a sex offence conviction be allocated an National Probation Service officer and prison-based offender supervisor who are actively involved in managing the case.
Call to bring probation back as a public service Probation unions NAPO, UNISON, and GMB alongside the Probation Institute wrote to David Gauke MP, Secretary of State for Justice, and Rory Stewart MP, Minister of State for the Ministry of Justice, urging them to bring probation back into public ownership before the current contracts are terminated in 2020. The letter was also signed by the Centre for Justice Innovation, Centre for Crime and Justice Studies and the Howard League for Penal Reform. Signatories urge that whilst reviewing probation, the government makes probation a public service to ensure sufficient time to properly consider and plan for future organisational arrangements, and consider solutions to the practical issues created by splitting the system into private and public providers.
The availability and delivery of interventions (probation services) The latest Research and Analysis Bulletin by Her Majesty’s Inspectorate of Probation (HMIP) focuses on the availability and delivery of interventions for probation service users, including contracted providers and partners. The bulletin finds that compared to partner organisations, the support provided by contracted providers was less likely to be judged sufficient for supporting the desistance of service users and the safety of other people. HMIP also state there is scope for improving the contribution of contracted providers and statutory/non-statutory partners in relation to service users’ lifestyle and associates, and their attitudes to offending which are considered major risks to reoffending.
Prisons
Prisoner and staff perceptions of procedural justice in English and Welsh prisons Her Majesty’s Prison and Probation Service (HMPPS) commissioned research on perceptions of procedural justice amongst staff and prisoners and the importance of these perceptions in prison. Findings suggest that more positive staff perceptions were associated with a greater rehabilitative and less of a punitive orientation towards prisoners. Staff being less punitive, more trusting, communicative and supportive of prisoners was associated with more positive procedural justice perceptions amongst prisoners. The researchers recommend targeting interventions at improving perceptions in sub-groups who typically report more negative perceptions like those in the youth custodial estate. The authors recommend more investment in shaping and improving the attitudes of staff.
HMP Bedford issued urgent notification Her Majesty’s Inspectorate of Prisons has released the report from its recent inspection of Bedford prison. The Inspectorate has issued HMP Bedford with an urgent notification. The prison was found to be fundamentally unsafe with violence of all kinds rising since the last inspection. 49% of prisoners reported feeling unsafe on their first night and staff use of force was exceptionally high, rising from 104 incidents reported in the six months before the previous inspection, to 349 in the same period before this inspection. In the two years since its last inspection, there have been five self-inflicted deaths and levels of self-harm have risen substantially. Conditions in the prison have deteriorated badly with a significant rat infestation and many cells cramped and overcrowded.
Sentencing and immediate custody in Wales: a factfile A report by the Wales Governance Centre provides the first disaggregated analysis of sentencing and immediate custody in Wales and England. The report finds that Wales has the highest imprisonment rate in Western Europe. The number of immediate custodial sentences handed out at Magistrates’ Courts in Wales increased by 12% between 2010 and 2017. In 2017 the level of racial disproportionality was higher amongst the Welsh prison population than the English prison population and women in Wales are more likely to receive short-term custodial sentences than men. 78.6% of all women sentenced to immediate custody in Wales between 2010 and 2017 received sentences of less than 12 months compared to 67% of men.
What incentives work in prison? (PDF) The Prisoner Policy Network (PPN) asked ‘what incentives work in prison?’ and over 1,200 prisoners responded. The PPN provides a framework for prisoners to make their voices heard in policy. The existing Incentives and Earned Privileges system is held in low regard and the responses show a desire for a new scheme with a positive ethos rather than a punitive mentality. Respondents want a culture of mutual respect, and value incentives which are meaningful to their future and help prepare for release. At the publication’s launch event, the PPN announced the next question it will be putting out for consultation; ‘What do you need to make best use of your time in custody?’
Women
British Journal of Community Justice: women in the criminal justice system The British Journal of Community Justice has re-launched and the first issue of the new journal is focused on women in the criminal justice system (CJS). It includes an article by Rosa Epstein on policy and practice for young adult women. It reports on research conducted by the Transition to Adulthood Alliance (T2A) which highlights how recent initiatives have neglected to consider how best to support young women. In another article Jean Hine reflects on where we are now on improving the experience and outcomes for women in the CJS. The article looks at the Corston Review, the extent to which it is reflected in the Female Offender Strategy and how the strategy’s ambitions can be realised.
Prosecuting parents for truancy: Who pays the price? A report by Coventry and Roehampton Universities explores the impact of truancy. Parents involved in the research reported that their children were often anxious and almost 40% had an autism spectrum disorder. Children faced long waits for assessment and support at school and parents lacked the resources to home school. 34% of the parents had been prosecuted or threatened with prosecution. This disproportionately affects women; in 2017, women made up 74% of truancy-related convictions. The report recommends the criminal law not be applied to parents whose children truant. This punitive approach leads to harm for vulnerable families and appears ineffective in getting reluctant, fearful children back into school.
Youth justice
Children in Custody 2017-18 Her Majesty’s Inspectorate of Probation has published an analysis of children’s experiences in secure training centres (STCs) and young offender institutions (YOIs). 42% of all children in STCs and 51% of boys in YOIs identified as being from a black, Asian or other minority ethnic (BAME) background. Over a third of children in STCs, and 40% of boys in YOIs, reported feeling unsafe at some point since arriving. BAME boys reported more negatively than non-BAME boys with regards to relationships with staff and aspects of daily life like access to showering. Over half of children in STCs and 50% of boys in YOIs reported that they had been physically restrained.
Community conversations: Unearthing community-led ideas for tackling youth violence Community Links has published a report based on a series of community conversations on serious youth violence which gathered the opinions of over 200 people in Newham, London. The report finds young people growing up in London are suffering multiple forms of structural disadvantage and adverse childhood experiences which take a toll on their emotional resilience and can make violence seem the only response to dangerous situations. It finds a climate of fear amongst young people and the effects of austerity cuts has made it increasingly difficult for local authorities to meet their safeguarding needs. It recommends moving to a public health approach for tackling violence that involves communities in a systemic, multi-agency solution.
Path of little resistance: Is pre-trial detention of children really a last resort? Transform Justice has published a report on the use of custodial remand on children. In June 2018, 30% of children in custody were on remand - the highest monthly figure for ten years. Black, Asian and minority ethnic children are greatly over-represented, making up 54% of children on remand. The report considers what is driving these trends including the speed at which remand hearings take place; a lack of understanding of remand to local authority accommodation instead of custody; and a risk-averse mentality. The report’s recommendations include better training for staff on children remand law; prosecutors to subject police requests to deny bail to more scrutiny; and to allow adjournments to slow down child remand hearings.
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What does the NHS have planned for health in the justice system? In this blog Lauren Nickolls, Clinks Policy Officer, takes a closer look at the health and justice aspects of the NHS long term plan. It is very welcome to see the plan set continuity of care for people in contact with the criminal justice system as a priority and Clinks is pleased to see NHS England commit to expanding Community Sentence Treatment Requirements. However, the plan does not sufficiently address inequalities in healthcare in justice settings. This is particularly true for older people in prison, women, and black, Asian and minority ethnic groups who have distinct health and care needs and face significant barriers in accessing care and support.
Reflections on our work in the South West Isabel Livingstone, former Clinks Development Officer for the South West, wrote a blog reflecting on her time at Clinks and the changes that have taken place in the region in the seven years she’s been supporting the criminal justice voluntary sector there. Isabel discusses some of the positive opportunities she sees emerging for the region including recognition of the need for better co-ordination at the regional level, and greater voluntary sector engagement with criminal justice services as well as the increasing recognition within the voluntary sector of the importance of coproduction and service user involvement. Isabel also considers the challenges that remain particularly in tackling inequalities within the criminal justice system (and beyond).
Improving parole board diversity Martin Jones, Chief Executive of the Parole Board, has written a guest blog for Russell Webster on improving diversity in the Parole Board. Over 95% of the Parole Board members are from a white background and there are currently no black members. Martin Jones recognises that there are significant disparities in the Parole Board. Although in recent years the Board has held more oral hearings than ever and has seen increases in the number of people released, certain groups have benefited from this more than others. The Parole Board has launched its next independent recruitment campaign in the North of England and is working with organisations who can help the Board reach people from all backgrounds and encourage them to apply.
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Written monthly by...
Will Downs and Lauren Nickolls
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