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In this month's edition...
Clinks has submitted evidence to two Select Committee inquiries. The Welsh Affairs Committee is running an inquiry into prisons in Wales, and the Justice Committee is exploring the future prison population and estate capacity. Clinks will publish its evidence to both of these inquiries in due course.
Following the recent announcements by the Lord Chancellor and Secretary of State for Justice, Rt Hon Alex Chalk KC MP, in response to the acute pressure on prison capacity, Clinks’ CEO, Anne Fox, has written two blogs exploring these announcements. The first focusses on the plans to rent prison places overseas to expand capacity, and the second looks at the wider range of measures announced on 16 October 2023, including the presumption against short prison sentences.
The first meeting has taken place of the Reducing Reoffending Third Sector Advisory Board’s Special Interest Group (SIG) on Accommodation. This is particularly focussed on the barriers to accessing accommodation for people leaving prison or with a criminal record. The session asked voluntary organisations to identify problems in accessing temporary and settled accommodation in both social housing and the private rented sector, as well as problems in accessing adequate housing-related support. Before publishing its final output, the SIG will hold a further session to explore potential solutions to the issues raised.
Clinks has published its Annual report and financial statements 2022/23. This details Clinks’ achievements and progress towards our strategic goals, as well as our plans for the future. This was ahead of our Annual General Meeting that took place on Tuesday 7 November, which included a speech from HM Chief Inspector of Prisons, Charlie Taylor.
King’s Speech 2023 | The government has set out its legislative agenda for the new Parliamentary session, announcing 21 different Bills. Three are likely to be of particular interest to the sector: a Sentencing Bill, a Criminal Justice Bill, and the Victims and Prisoners Bill. The Sentencing Bill brings in several changes that have already been announced, including the presumption for prison sentences of 12 months or less to be suspended. The Criminal Justice Bill introduces the necessary legislation to facilitate the previously announced overseas prison rental scheme, among other things. The Victims and Prisoners Bill will continue from the previous session, and measures in that Bill include changes to the parole system. More details about the measures in these Bills can be found in our blog (linked above).
Latest criminal justice statistics published | The Ministry of Justice published statistics covering people in the criminal justice system, safety in custody and in the children and young people’s secure estate (CYPSE), and proven reoffending. There were 87,576 people in prison on 30 September 2023, and 238,264 people on probation at the end of June 2023. There were 304 deaths in custody in the year to September 2023, a 1% decrease on last year. The number of self-harm incidents in prison rose 21% in the year to June 2023, with the rate of self-harm incidents per 1,000 people increasing 63% in female establishments and increasing 3% in male establishments. The annualised rate of self-harm per 100 children in the CYPSE decreased 2% in the quarter to June 2023, compared to the same quarter last year. The proven reoffending rate for the October to December 2021 cohort was 25.4%.
Welsh government consultation on ending homelessness in Wales | The Welsh Government has published its White Paper on ending homelessness in Wales, which includes a section specifically focussed on people leaving prison. Alongside this White Paper, the Welsh Government are running a consultation which asks about the reform of existing homelessness legislation, the role of the Welsh public service in preventing homelessness, targeted proposals to prevent homelessness for those disproportionately affected, access to housing, and implementation. The deadline for responses to the consultation is 16 January 2024. Clinks will be submitting evidence in collaboration with a group of our Welsh-based organisations.
Welsh Parliament Finance Committee inquiry into the Welsh government draft budget | The Welsh Parliament Finance Committee is holding an inquiry into the Welsh Government draft budget for 2024/25. One of the questions about which the Committee is seeking written evidence asks, “is the support provided by the Welsh Government for third sector organisations, which face increased demand for services as a consequence of the cost of living crisis and the pandemic, sufficient?” The deadline for written evidence submissions is 30 November 2023.
Changes to rehabilitation periods | The government has announced that changes have been made to reduce the time people with convictions are required to declare them after serving their sentence. The changes mean that custodial sentences of four years or more for less serious offences now become spent after seven years, as long as no further offences are committed. These changes were introduced through the Police, Crime, Sentencing and Courts Act 2022, and came into force on 28 October. The Ministry of Justice’s guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975 has also been updated to reflect the changes.
Sentencing
Justice Committee report on the public understanding of sentencing | The Justice Committee published its report on the public understanding of sentencing. This noted a significant proportion of the public do not know which bodies are responsible for deciding sentencing policy. The Committee were concerned this could lead to an accountability gap, where the public is unclear about the government’s responsibility regarding sentencing. One of the “most striking findings” was the public thought one of the most important purposes of sentencing should be “to provide justice for the victim”. Consequently, the Committee recommended the government reviews the statutory purposes of sentencing, to consider placing more emphasis on this. The Committee also drew on Clinks’ evidence to the inquiry, which highlighted the importance of involving the expertise of the voluntary sector on what works when creating sentencing policy.
Painting half the picture: The draft code of practice on diversionary and community cautions | The Centre for Justice Innovation (CJI) published a briefing responding to the consultation about the Draft Code of Practice for Diversionary and Community Cautions. The CJI welcomed the code of practice, but felt that, by limiting itself to only providing guidance to police forces on the two new statutory out of court disposals, it only gives half the picture police forces need to implement the new framework effectively. As such, the CJI’s recommendations include that the scope of the code should be widened to include both the new out of court disposal framework and community diversion, as well as that the wider code should promote the use of community diversion options for people from racially minoritised communities, in line with the Lammy Review and Commission on Race Equality recommendations.
Prisons
Increasing procedural justice practice in complaints handling: A randomised controlled trial and process evaluation | The Ministry of Justice published a study testing a prototype to improve procedural justice practice in the handling of complaints of people in prison. It tested the process and impact of the complaints handling prototype in a Category C prison in England. The prototype included an interactive and practical workshop, a template letter for complaint responses, a quality assurance check, and a coaching component to improve practice where needed. Key findings included that the prototype brought should improve procedural justice practice overall, and that this impact was maintained over a six-month follow-up. Staff perceptions of the prototype were positive, and their complaint response practice was deemed improved. People in prison also had positive experiences, including enhanced feelings of fairness and legitimacy relating to the prototype/trial.
Lived Experience
We can build a system that works for everyone | David, a member of Revolving Door’s Lived Experience Team (LET), wrote an article for the Prison Service Journal, arguing that by involving people with lived experience of the criminal justice system, a system can be created that works for everyone. Through sharing some of his experiences, David highlights the unique perspective of people with lived experience that can help to make the system more fair, just, and effective. He acknowledges there can be challenges to involving people with lived experience, such as stigma and discrimination, and lack of resources, but points out that people with lived experience can also help offer suggestions for how these challenges can be overcome. David also discusses the work of Revolving Doors and the LET, and the some of the impacts that has had.
Health
Supporting the voluntary, community, faith, and social enterprise sector to evaluate social prescribing | The National Academy for Social Prescribing (NASP) published a briefing and rapid scoping review that aims to help identify and collate existing resources to support the evaluation of social prescribing activities. The review did not find there was strong demand for another evaluation toolkit, given the number of existing resources available. Instead, it found a need for clear signposting to trusted resources on evaluating social prescribing. From analysis, NASP identified three themes to support evaluation carried out by the voluntary sector: the need for development of a shared language between different stakeholders; challenges around differences in cultures across funders and sectors; and learning needs and training, particularly focussed on selecting the right evaluation method for the circumstances.
Youth Justice
Black care-experienced young people in the criminal justice system | Barnardo’s has published a report based on interviews with 22 Black care-experienced young people currently serving prison sentences in England. The report highlights the “double discrimination” being faced by children who are both Black and have a history of care. It goes on to make five recommendations. They argue that action should be taken to reduce the over-criminalisation of children in the care system, which should involve a statutory duty on local authorities to work with partners to prevent the unnecessary criminalisation of children in care and care leavers, including a requirement to develop local protocols to help achieve this. They also recommend there is a renewed emphasis on implementing reforms to tackle institutional racism within the criminal justice system.
Desistance, adversity and trauma: Implications for practice with children and young people in conflict with the law | HM Inspectorate of Probation have published a new paper in its Academic Insights series. This “identifies some of the key ideas and evidence that could contribute to a practice agenda which supports desistance form offending processes, engages with social adversity and trauma, and helps to empower children and young people to work towards their pro-social goals”. The paper concludes that a dual approach is required that first engages with children and young people as unique individuals, and second, sees practitioners and their agencies engaging proactively with the wider social contexts that shape the lives and experiences of young people. It argues that failure to balance a psychological and sociological approach risks preventing children and young people from achieving “balanced and contented life”.
Evidence-based core messages for youth justice | HM Inspectorate of Probation published another paper in its Academic Insight series. This aims to “identify, from the established research literature, the key messages relating to children who come into conflict with the law and their pathways into and out of the justice system”. It identifies 10 key messages to inform an evidence-based approach to youth justice across any jurisdiction. These include that young people who come into conflict with the law have experienced aversity on an individual, family, and community basis, and racially minoritised young people experience disproportionate contact with the criminal justice system. Other key messages include that an individualised, rights-based and child-centred approach is key to preventing young people from further conflict with the law.
What about the children? | Save the Children published a report exploring children’s experiences of the height of the Covid-19 pandemic. This includes a focus on children in the criminal justice system, observing their unique circumstances were not considered as part of pandemic policies. The report notes the conditions experienced by children in prison during the height of the pandemic included spending up to 23 hours a day locked in their cells; prolonged bans on family visits; and limited and expensive phone calls due to restrictive credit agreements. It argues these “unsafe” establishments “cannot be allowed to function as they currently do”, calling for a national strategy and improvement plan to address racial disproportionality and repair harms to children in prison during the pandemic, alongside a plan for closing children’s prisons.
Number of children with a parent in prison right now tops 100,000 | Pact issued a press release highlighting the increasing number of children with a parent in prison. Based on the prison population figures, and Ministry of Justice estimate that each man in prison has 1.14 children, Pact estimate that just over 100,000 children have a parent in prison. They note research shows children with a parent in prison are more likely to suffer from problems later in life including mental ill-health, homelessness, and poverty, as well as being more likely to get involved in crime. Pact called on the government to make better use of community sentences for people who have committed non-violent offences, reconsider its prison building programme, and create a new ministerial position responsible for developing a joined-up plan to support children with a parent in prison, working cross-government.
Don’t close the city Victorian jails | Frances Crook wrote an article following the interview given by HM Chief Inspector of Prisons, Charlie Taylor, where he called for the closure of the remaining 14 Victorian prisons. Whilst Crook agreed with Taylor’s assessment of the problems with those prisons, she disagrees with the closure of city-based prisons, arguing their location is important. She explains prisons in cities are close to people’s families, local services, and can be supported by voluntary organisations. Crook argues reducing reoffending is more achievable if people are in prisons local to their city homes. However, she still calls for fewer prisons that are not crowded. Instead, they should be “clean and airy and healthy with education and work opportunities”. Crook argues reduced populations could be housed in city prisons with investment in buildings and activities.
Prison education latest: green shoots but… | Jon Collins, Chief Executive of the Prisoners’ Education Trust, wrote a guest blog for Russell Webster, exploring the latest prison education statistics for 2022/23. The number of people participating in education in prison has increased significantly compared to the previous year, meaning participation levels have nearly returned to where they were before the pandemic. Figures also show more people are making measurable progress. However, the numbers participating remain significantly lower than the peak in 2014/15. The numbers of people taking courses higher than level 2 through contracted prison education providers remains low, with only 1,960 participating in a level 3 course, and just seven taking a course at level 4 or above. Collins notes overall an improvement on the previous year, but longer-term, lower levels of participation.
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This month's edition was written by...
Clinks Policy and Communications Officer, Franklin Barrington
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