In this month's edition...
Clinks is recruiting two members to the Reducing Reoffending Third Sector Advisory Group (RR3), an influential advisory group to the government. We are seeking someone with experience with, or in, small voluntary organisations in the criminal justice system (organisations with an income of £100k or less per annum), and someone with expertise in delivering services in the criminal justice system in Wales. Find out more about the roles and apply by 9am 16 May here
We have launched phase two of the Stronger voice training programme, bringing together a range of expert training providers across policy, campaigns, and communications to support organisations of all sizes to influence decision makers. This phase, ‘Using your voice’, has been designed to empower organisations to more assertively use their skills and knowledge to bring about change. Read more about the programme and the upcoming events on our blog.
Clinks has signed an open letter from the Independent Advisory Panel on Deaths in Custody to the Department of Health and Social Care and the Ministry of Justice. This calls for immediate additional mental health support for people in prison, and support for frontline health and justice staff. The letter has also been signed by royal medical colleges, scrutiny bodies, unions, and health and justice voluntary sector organisations.
Ministry of Justice Digital Strategy 2025 | The Ministry of Justice (MoJ) has published its Digital Strategy for 2022 to 2025, setting out how it will realise its vision of “simpler, faster and better services”. As part of this, the MoJ sets out three “strategic themes” to enable it to move forward, with the overall aim being to set the model and pace for fuller organisational change beyond 2025. The three themes are: to “become a more flexible organisation”, so the MoJ “can respond quickly and easily to change”; to “be driven by data”, “to ensure that decision making is based on sound insight”; and to “be led by users”, with services being built “around the people who use them, reducing complexity and focussing on what matters”.
Approved Premises (Substance Testing) Act 2022 | Just before the end of the Parliamentary session, peers passed the Approved Premises (Substance Testing) Bill, and it has now received Royal Assent and become law. The legislation, introduced as a Private Members’ Bill in the Commons by Rob Butler MP, creates a statutory framework for drugs testing in approved premises, including testing for psychoactive substances and the abuse of prescription and pharmacy medicines. The government supported the bill, with the Ministry of Justice producing explanatory notes, a delegated powers memorandum, and an equalities statement to accompany it. The House of Lords Library published a briefing on the bill, which can be read here.
Police, Crime, Sentencing and Courts Act 2022 | The Police, Crime, Sentencing and Court Act 2022 recently received Royal Assent. The changes it introduces include measures to increase sentences for a number of offences, the ending of the halfway release for people sentenced to between four and seven years in prison for serious violent and sexual offences - with people now serving two-thirds of their sentence in prison, and the introduction of Serious Violence Reduction Orders. With regards to police powers, the police will gain powers to manage non-violent protests that are “significantly disruptive”, and greater powers to deal with “unauthorised encampments”. The Act reduces disclosure periods for most convictions and allows some convictions that resulted in sentences of over four years to become spent. Violent, sexual or terror related convictions that resulted in sentences over four years will remain disclosable for life.
Judicial Review and Courts Act 2022 |The recently passed Judicial Review and Courts Act 2022 protects certain decisions of the Upper Tribunal from Judicial review, subject to exceptions, ending Cart Judicial Reviews. These are where the High Court can judicially review Upper Tribunal decisions to refuse permission to appeal from the First-tier Tribunal. It also introduces the power to make two modifications to remedies the court makes, available at judges’ discretion: suspended quashing orders, where a time limit can be set for the government to act on the orders of the court; and prospective quashing orders where the government’s actions are determined to be unlawful, but without invalidating previous actions based on that decision. The government issued a press release explaining some of the major changes introduced in the recently passed justice-related legislation.
Public Accounts Committee inquiry on secure training centres (STCs) and secure schools | Following the report from the National Audit Office (see below) the Public Accounts Committee has announced an inquiry into STCs and secure schools. The Committee will question senior officials at the Ministry of Justice and HM Prison and Probation Service on the recent challenges with STCs, the current condition of young people in secure custody, and progress on establishing the first secure school. As part of the inquiry, the Committee has put out a call for evidence, which is open until 6pm on 23 May 2022.
Department for Health and Social Care (DHSC) call for evidence for new 10-year plan to improve mental health | The DHSC is calling for people with lived experience of mental ill-health, and health and social care professionals, to share their views on how mental health support and services should adapt for the future. Responses will inform a new 10-year mental health plan which aims to put mental and physical health on an equal footing. The new plan will build on current progress, assessing how local services can work together to prevent mental ill health, especially in light of the effect that the pandemic has had on the mental health of the general public, with record numbers of people seeking to access treatment. Responses are requested by 5 July 2022.
Ministry of Justice (MoJ) statistics | The MoJ published statistics covering people in the criminal justice system, safety in custody and the children and young people’s secure estate (CYPSE), and proven reoffending. There were 79,773 people in prison on 31 March 2022, and 238,500 people on probation. There were 287 deaths in custody in the year to March 2022, a 29% decrease on last year. The number of self-harm incidents in prison fell 3% in the year to December 2021, but the rate of self-harm incidents per 1,000 people rose 4% in female establishments, whilst falling 1% in male establishments. The annualised rate of self-harm per 100 children in the CYPSE rose 50% in the quarter to December 2021, compared to the same quarter last year. The proven reoffending rate for the April to June 2020 cohort was 29%.
Clinks publications
Effective practice when people have a sexual conviction: what the evidence tells us | The latest piece in the Clinks Evidence Library has been published. Professor Belinda Winder, Professor of Forensic Psychology at Nottingham Trent University, provides and in-depth look at the issue of reducing reoffending and increasing community (re)integration for people who have a sexual conviction. The review sets out in detail the 13 key factors that are relevant in creating effective practice to reduce sexual recidivism and promote community integration. These include a person’s state of exit from prison, the restrictions, conditions and limitations placed upon them, unresolved trauma, and the reality of a new status. Professor Winder will also discuss the evidence at an event [25 May, free, online], where there will be an opportunity for questions. You can book a place at the event here.
Improving outcomes for women in the criminal justice system | We have published our letter in response to the Public Accounts Committee’s call for evidence for the inquiry into improving outcomes for women in the criminal justice system. We highlighted concerns that less than half of the Female Offender Strategy’s commitments have been fully implemented, nearly three years after its publication. We also reiterated concerns about the government’s plan to build an additional 500 women’s prison places. Clinks believes that, to achieve the ambitions of the Female Offender Strategy, money should be invested in community-based services and diversionary schemes delivered through women-centred and trauma-informed models. We therefore continue to call for the government to provide adequate, sustainable funding to support community-based, specialist women’s services.
Women in the criminal justice system
Public Accounts Committee report on women in contact with the criminal justice system | The Public Accounts Committee has published its report, Improving outcomes for women in the criminal justice system. This notes the aims of the Female Offender Strategy are widely supported, but actual progress in delivering the strategy has been “disappointing”. The Committee said: “it is clear […] that implementing the strategy has been a relatively low priority for the Ministry and was so even prior to the COVID-19 pandemic”. The report also points out that the Strategy’s emphasis on community provision is undermined by the limited investment in it: £9.5 million compared to the £200 million committed to creating 500 new women’s prison places. The Committee said successful implementation of the strategy relies on organisations, including the voluntary sector, working together to address the underlying causes of women’s offending.
All-Party Parliamentary Group on Women in the Penal System briefing on women’s health and wellbeing in prison| The All-Party Parliamentary Group (APPG) on Women in the Penal System has been holding an inquiry into women’s health and wellbeing in prison, and the APPG has published its first briefing. Key points include that prisons exacerbate the physical and mental health needs of women, giving women few opportunities to take control of their own health and wellbeing; the lack of continuity for women entering and leaving prison is detrimental to their care, disrupting treatment or medication a woman might be receiving prior to custody; and the Prisons Strategy White Paper is a missed opportunity to address the needs of women in the criminal justice system and reduce the harm of imprisonment.
Youth justice
National Audit Office report on children in custody | The National Audit Office (NAO) has published Children in custody: secure training centres and secure schools. The NAO notes HM Prison and Probation Service (HMPPS) considers the management of secure training centres (STCs) has failed to meet good standards since 2017. Inspectors have persistently raised concerns over welfare, safety and outcomes for children in STCs, resulting in HMPPS moving children within the secure estate, including to settings previously judged less suitable. On secure schools, the NAO found only one of the two sites committed to in 2016 has been progressed, with the cost estimate for converting the Medway STC site rising from £4.9 million to £36.5 million. See the Public Account Committee’s call for evidence following the publication of this report.
Learning lessons and future directions for a post-pandemic youth justice system | The Alliance for Youth Justice has published the second of three policy briefings in its ‘Impact of Covid-19 on Youth Justice’ research project, in collaboration with the Manchester Centre for Youth Studies at Manchester Metropolitan University. The briefing finds that delays in police and courts progressing children’s cases were increasing, even before the pandemic. It also details how children’s effective participation in court is often at risk, and a lack of specialism and understanding of children's needs is impacting their experiences and outcomes. The briefing explains how youth offending teams face significant challenges ahead in responding to the impacts of Covid-19. It goes on to make recommendations including taking this opportunity to think ambitiously about what is next for youth justice.
Six steps forward for diversion in the youth justice system | The Centre for Justice Innovation (CJI) has published a briefing reflecting on how the justice system has moved forward since it published its Strengthening youth diversion briefing, back in 2020. In this most recent briefing, the CJI notes that a definition of diversion has been added to the Youth Justice Board’s (YJB’s) resources, helping to avoid confusion, particularly around similar, yet distinct, approaches. In addition, the briefing highlights that the YJB has rooted its vision for youth justice in a child-first approach, which is defined as treating children as children, and minimising contact with the youth justice system where possible. The potential implications for this include reducing the labelling of children as ‘offenders’, and the long-term harm associated with interacting with the justice system as a child.
Systematic Resilience | HM Inspectorate of Probation has published its latest Academic Insights report, exploring systematic resilience. This provides a framework to mitigate the impact of abuse and loss for individual children in contact with the youth justice system and gives a basis for action system-wide to improve outcomes. The report’s conclusion notes that the risk of harm and offending has to be understood within the overall context of a child’s life. It explains that the development of resilience is dependent on strengthening protective factors around the child. Seeing resilience as a systematic response enables a clear link between practice with individual children and strategic responses and frameworks. It concludes the complex needs of children, and their families, strongly indicates any effective response has to be delivered on an inter-agency basis.
Prisons
Terrorism in Prisons | The Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, has published a report on terrorism in prisons. He makes 14 recommendations to the government, including a recommendation to redesign the Separation Centre referral process so that: decision making is more streamlined; the focus is on the evaluation of terrorist risk, rather than whether a particular event has occurred; it is clear that separation is available for people as soon as they enter custody and that it may not be desirable to try other means of dealing with the person before they are transferred to a Separation Centre; and sensitive information can be taken into account with the necessary degree of protection. The government responded to Hall’s report accepting 12 of his recommendations in full, and another in part.
Education recovery in prisons | Ofsted has published a briefing on education recovery in prisons, based on visits conducted between May and October 2021. Overall, Ofsted found that leaders have been slow to maximise people in prison’s participation in face-to-face education, skills, and work activity. The cautious approach to reintroducing face-to-face classes had the most negative impact on people who find it difficult to learn independently. It found the people with the greatest need generally received the least support to continue learning through the pandemic, with insufficient support for people identified as having special educational needs and/or disabilities. The few education, skills, and work activities that were taking place were generally found to be of a good quality, but the support and resources available did not meet the needs of all learners.
Human rights
Joint Committee on Human Rights report on Human Rights Act reform | The Joint Committee on Human Rights (JCHR), made up of both MPs and peers, published its report on the government’s plans for Human Rights Act reform. The JCHR said it is “concerned that the proposals and their consequences run counter to the three centre principles of human rights law” and that it does “not think a case has been made for replacing the Human Rights Act with a British Bill of Rights in the form proposed by the Government”. The JCHR said it is not clear what legal significance a right to trial by jury would have; and limiting the scope for rights arguments in deportation cases would deny those subject to deportation their full Convention rights.
Universal Periodic Review of Great Britain | The Equality and Human Rights Commission published a report on what has been done to protect human rights in Great Britain since 2017. On justice, liberty, and personal security, the Commission noted some aspects of policing in England and Wales have negatively impacted the rights protections of certain groups. Amongst other things, the report also highlights the high imprisonment rate in England and Wales, the significant increases in the rate of self-harm in prisons, and the widespread use of force. The Commission made several recommendations including directing local authorities to increase the availability of Gypsy and Traveller sites, reconsidering the proposed expansion of powers to police peaceful protest, and to understand and address the causes of disproportionate numbers of racially minoritised people in prisons.
Covid-19
Magistrates’ courts and Covid-19 | The Magistrates Association and Transform Justice have published a report on magistrates' experience in criminal courts during the pandemic. Canvassing the views of 865 magistrates, this new report concludes that audio and video links used during the pandemic in magistrates' courts negatively impacted communication and effective participation. They report that 89% of magistrates found defendants with mental health conditions were less able to participate effectively through remote links. Overall, over 75% of magistrates opposed continuing to use remote links as extensively, with unreliable technology cited as a key issue. The report recommends the use of more reliable technology, clearer guidance for remote hearings and increased collection of data on the impact of such technology.
The voluntary sector
UK Public Procurement through VCSEs, 2016 to 2020 | The Department of Digital, Culture, Media and Sport commissioned a report to analyse the scale and proportion of UK public sector procurement conducted through voluntary, and community organisations and social enterprises (VCSEs). On ‘offender rehabilitation’, it was found that a total of £6 billion of public sector contracts were awarded between April 2016 and March 2020, with VCSEs winning only £300 million over this period. Whilst the value of the contracts awarded to VCSEs by the Ministry of Justice during this period was only £27 million of a total of just over £4 billion, 48% of the award volume did go to the voluntary sector. It was also found that whilst local government awards very low value contracts in ‘offender rehabilitation’, 45% of the value was awarded to VCSEs.
Probation Service commissioning – how HM Prison and Probation Service (HMPPS) is responding to voluntary sector feedback | HMPPS is consulting on its process for awarding grants for rehabilitative services. Recommendations from Clinks, and Richard Oldfield’s independent review, were to increase the use of grants to support voluntary organisations who already are, or could be, supporting people on probation. Jim Barton, HMPPS Senior Responsible Officer for the Probation Review programme, has written a blog which outlines changes being made to probation commissioning, including the proposed processes for awarding grants and improvements to the Dynamic Framework, in response to feedback from the voluntary sector. Read the blog for links to the proposed process document, sign up for an HMPPS information session, complete the HMPPS survey, and express your interest in a Clinks focus group to share your views.
Mental health consequences of imprisonment during the pandemic | The Howard League for Penal Reform has published a blog focussing on the mental health impact of lockdown, drawing on its members’ experiences. Most described a significant and potentially long-term cost to their wellbeing and mental health. People spoke of widespread mental ill-health during the pandemic, with little access to support from professionals or trained peers. Whilst a few older people reported not minding the restrictions, or even preferred the relative calm of lockdown, most found the pandemic very difficult. Two men explained in their prisons, people had tried to escape the monotony of lockdown by using drugs, alcohol, prescription drugs, or psychoactive substances. The Howard League argues that the mental health impact of long-term confinement must be recognised and addressed through accessible support as prisons ease restrictions.
HM Chief Inspector of Prisons – why don’t people in prison learn to read? | HM Chief Inspector of Prisons, Charlie Taylor, has published a blog exploring literacy in prisons. He argues the stigma of being unable to read makes people in prison reluctant to seek help. Following a joint thematic inspection in 2021, it was found the people with the most need received the least support. Taylor proceeds to highlight some of the challenges that are seen around supporting people to learn to read, such as the disincentive offered by pay rates in prison typically being higher for work than education. He calls for the prison service and education providers to come together to make sure that non-readers are taught to read, and that all people have the opportunity to improve their literacy skills whilst in custody.
Breaking the cycle of poverty and criminalisation with #BetterBenefits | Russell Webster has published a guest blog, by Olivia Dehnavi, Policy and Research Officer at Working Chance. With the offences for which women are most often prosecuted being directly related to financial difficulty, Dehnavi argues this is why it is important to have a strong social security system: the inadequacy of the benefits system is a reason why some women are swept into the criminal justice system, and a reason why they cannot escape it. She explains that, when rebuilding their lives after a conviction, the challenges of Universal Credit put women at a greater risk of reoffending. She highlights Working Chance’s #BetterBenefits campaign, calling for a benefits system that tangibly helps women with convictions and enables, rather than hinders, their journey to employment.
Children’s charities urge the government to abandon plans for Bill of Rights | Children and Young People Now has written an article highlighting the call of a coalition of 30 children’s charities for the government to scrap its plans to introduce a new Bill of Rights. The coalition, led by the Children’s Rights Alliance England, has written to the Lord Chancellor, Dominic Raab, warning the plans could weaken children’s human rights, and children’s ability to hold the government and public bodies to account. The group raise particular concern about the proposals surrounding Section 6 of the Human Rights Act which places a duty on public bodies to comply with human rights obligations, and the possibility of a change in the definition of ‘public authorities’ which could impact children living in institutions run by private providers, such as secure training centres.
Time out of cell | Prison Reform Trust (PRT) has published a blog on the time people in prison spent outside their cells during the pandemic. Following an answer to a written Parliamentary question in December, and correspondence between PRT and the Minister, PRT raises concerns that a response to a recent press query to the Ministry of Justice suggests that half of all adult prisons are “already back to normal”. It notes stage one of the National Framework, would not be considered “normal” before the pandemic, and there is no guarantee that locally, restrictions cannot be re-imposed. PRT concludes: “we have a department happy to tell the public prisons are ‘back to normal’, but unable or unwilling to say how many prisoners are spending all day locked behind a cell door”.
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Written monthly by...
Clinks' Policy Officers Franklin Barrington and Noorjehan Piperdy
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