In this month's edition...
Over the last month, much of Clinks’ policy work has been focused on the practical implications of the SDS40 policy announced by the Lord Chancellor on 12 July. The SDS40 policy will see a reduction in time served in prison for certain people currently serving Standard Determinate Sentences (SDS), from 50% to 40% of their sentence. Exemptions to this policy will apply, including for offences related to sexual violence and certain domestic abuse offences. The policy will commence with two tranches of releases – starting with 10 September for those serving sentences of five years of less; and then 22 October for those serving sentences of five years of more. For more information on the policy, please read Clinks’ blog, and see the legislation enabling this change in full here.
To date, Clinks has coordinated a number of sector meetings with senior officials to discuss the implications of the policy, and to ensure that the necessary resettlement support is put in place. These meetings began with a focus on bringing together organisations providing accommodation-related support and has now included specific meetings for commissioned rehabilitative services (CRS) providers and specialist women’s organisations. A further meeting is planned with organisations working within the substance misuse space. Please do get in contact with the Clinks policy team with any questions regarding the policy.
Clinks have also been working with a range of partners – including Switchback, Catch22, Revolving Doors, the Howard League for Penal Reform, and Nacro – to produce a policy briefing setting out the flaws in the recall policy, while offering a number of recommendations designed to reduce the number of people being recalled to prison. In the coming weeks, we will use this briefing to engage with officials.
On 22 July, the first session of the RR3’s Community Provision SIG was held. This session focused specifically on drugs and alcohol and explored the current challenges in delivering these services in light of increased demand, as well as looking at potential solutions. The next session will look at mental health services in the community and will be held on 16 September. Contact Bronte Jack if you are interested in attending this session.
Clinks would also like to point subscribers to this newsletter to its organisational statement on the abhorrent racial violence that has taken place over the last couple of weeks. There is no place for racism and Islamophobia in our society, and we express our solidarity to the voluntary sector working in criminal justice and the communities that they serve. The statement can be read in full in last week’s Light Lunch, here.
The King's Speech 2024 | On 17 July, the new government set out its legislative agenda for the upcoming Parliamentary session in the King's Speech. During this, the government announced 42 bills and draft bills, of which five are likely to be of particular interest to the voluntary sector working in criminal justice. These are the Crime and Policing Bill; Victims, Courts and Public Protection Bill; Mental Health Bill; Renters' Rights Bill;' and Draft Equality (Race and Disability) Bill. You can find out more about each of these bills in the blog Clinks published, following the speech.
Temporary closure of HMP Dartmoor | The Lord Chancellor announced the temporary closure of HMP Dartmoor following elevated radon levels detected in non-accommodation areas on 12 July. HMPPS decided to relocate all prisoners over two weeks to ensure safety while further investigations and mitigation efforts take place. The decision was made because ongoing radon reduction measures made it impossible to maintain an effective prison regime. The government will work closely with staff and trade unions to manage the impact on employees and inmates being transferred to other facilities.
Plans to improve HMP Wandsworth | The Ministry of Justice announced plans to invest £100 million over five years to improve HMP Wandsworth, focusing on cell window repairs, shower refurbishments, and fire safety upgrades. Additional measures include deploying specialist security and drug staff, new leadership, enhanced drug searches, advanced violence reduction training for staff, and better access to rehabilitative services like education and employment workshops for people in prison.
Offender management statistics quarterly: January to March 2024 | The Ministry of Justice released the latest Offender Management Statistics for England and Wales, showing key trends for 2024. As of 30 June, the prison population reached 87,726, a 2% increase from the previous year. Between January and March 2024, there were 18,344 first receptions into prison, a 7% rise compared to 2023, and 13,289 releases from sentences, up by 12%. Adjudication outcomes totalled 61,855, a 35% increase, with additional days awarded as punishment on 1,479 occasions, a 65% rise. Licence recalls during this period numbered 7,415, marking a 9% increase. The number of people under probation supervision as of 31 March 2024 was 239,015, remaining virtually unchanged from the previous year.
Safety in Custody statistics | The Ministry of Justice's latest Safety in Custody update for March 2024 reports a mixed picture. The number of deaths in prison custody decreased by 2% over the year, with 308 deaths, including 85 self-inflicted, an 8% drop. However, deaths rose 11% in the latest quarter. Self-harm incidents increased by 16% to 73,804, driven by a 25% rise in male prisons, while female prisons saw a 4% decrease. Assault rates also climbed, with a 19% increase in assaults and a 24% rise in assaults on staff over the year. Serious assaults rose by 18%, with prisoner-on-prisoner incidents up 16% and serious assaults on staff up 24%. The number of individuals self-harming also increased by 19%.
Safety in the Children and Young People Secure Estate statistics | The Ministry of Justice published the latest Safety in the CYPSE figures, providing the update to March 2024. From January to March 2024, there were 10 assault incidents involving 38 serious cases, with 386 unique children and young people involved, marking a 10% rise in the annualised rate of assault incidents compared to last year. Assaults on staff totalled 224, including 25 serious incidents, with a 6% increase in the annualised rate. Self-harm incidents rose to 558, involving 89 children and young people, a 119% increase in the annualised rate. Use of force incidents reached 1,170, with 403 involved, up 16% in the annualised rate. Separations increased significantly: 141 in Secure Children’s Homes, 128 in Secure Training Centres, and 297 in Young Offender Institutions. No deaths were reported in the year to March 2024.
Proven Reoffending Statistics | The Ministry of Justice's latest Proven Reoffending Statistics for the July to September 2022 cohort show a rise in reoffending rates. The overall rate increased to 26.5%, up 1.3 percentage points from the same quarter in 2021 and 0.7 points from the previous quarter. Adults had a reoffending rate of 26.2%, a rise of 1.2 points from last year and 0.8 points from the previous quarter. Juvenile reoffending was 32.1%, up 1.8 points from 2021 but down 1.2 points from the last quarter. Adults released from custody or starting court orders had a reoffending rate of 34.1%, and those released from sentences under 12 months had a reoffending rate of 56.9%, with rates for sentences of 6 months or less rising to 60.0%.
Offender Employment Outcomes | The latest Offender Employment Outcomes statistics reveal trends up to March 2024. 6 Weeks Post Release 19.3% of people were employed, up 1.9 percentage points from the previous year but less than prior increases. 6 Months Post Release 31.1% of people were employed, a 5.2-point rise but smaller than previous years' increases. 6 Months Post Community Sentence 46.4% were employed, up 1.9 percentage points but less than previous increases. Regional variations were notable, with improvements in most regions. Employment outcomes for men in custodial sentences have improved significantly, narrowing the gap with community sentences, with women showing similar improvements. Employment rates varied by age, ethnicity, and offence type.
Offender Accommodation Outcomes | The latest Offender Accommodation Outcomes statistics shows that 85.7% of people were housed on release from custody by March 2024, down slightly from 86.3% in 2022/23. For settled accommodation at 3 Months Post-Release 73.5% of people were in settled accommodation, a decrease from 75.6% in 2022/23, the lowest since 2020/21. For Settled Accommodation at 3 Months Post-Community Disposal: 85.2% of people on community orders were in settled accommodation, a slight increase from 85.1% in 2022/23. Regional variations were significant, with some regions showing improvements while others saw declines. Age and sentence length impacted accommodation rates, with younger people faring better. The Community Accommodation Service Tier 3 placed 12,205 people from July 2021 to March 2024, with a significant majority being male.
HM Prison and Probation Services Annual Digest | The Ministry of Justice published the latest HM Prison and Probation Services Annual Digest covering 2023-24. In the year to March 2024, there were 9 escapes, up from 8 the previous year, with one escapee still at large after 30 days. Absconds decreased by 8% to 58, while temporary release failures rose by 32% to 985, including 18 failures still at large after 30 days. Crowding in prisons increased to 23.6%. The average number of people in prison working under the Prisoner Earnings Act rose by 8.8% to 1,183 per month. Random mandatory drug tests (RMDT) increased but fell short of pre-2020 levels. Incidents of protesting behaviour, drug, phone, and weapon finds all increased, while alcohol finds decreased.
Children with a parent in prison | The Ministry of Justice published its statistics estimating the number of children with a parent in prison. The estimated number of children was 192,912, with it estimated that the number of people in prison who had children, between 1 October 2021 and 1 October 2022, when adjusted for undercounting, was 108,990.
Prisons
Steps for a lasting solution to the prison capacity crisis | The Howard League for Penal Reform has released a new briefing offering policy options to address the prison capacity crisis in England and Wales. With prisons holding over 87,000 people, far exceeding the safe capacity of 80,000, and projections indicating further increases, the briefing urges decisive action. Recommendations include automatic release after serving 40% of sentences, expanded use of suspended sentences, and a presumption against short prison terms. It also advocates for changes in recall and remand practices, a comprehensive sentencing review, revisiting the Corston report on women, improved release planning, probation service reform, and greater use of diversion schemes and community sentences.
The Victorian estate and the future of the prison system | The Howard League for Penal Reform published a briefing by the University of Birmingham and the University of Bath, highlighting the urgent need for a strategy addressing the role and future of Victorian-era prisons within a modernised and reduced prison system. These prisons, housing over 20% of people in prison, are known for poor conditions, overcrowding, and outdated facilities. Despite their flaws, Victorian prisons offer urban locations beneficial for family connections and secure management. The report recommends keeping them operational due to current capacity issues but suggests repurposing them, particularly within the Category D Open estate. It also calls for reinvestment to improve living standards and revising prison assessment criteria to reflect the unique challenges of Victorian infrastructure.
The effectiveness of government in tackling homelessness | The National Audit Office published a report examining how well the Department for Levelling Up, Housing and Communities (DLUHC) is tackling homelessness supporting local authorities to deliver their statutory duties efficiently and effectively. Despite the extended duties under the Homelessness Reduction Act 2017, homelessness has increased, with local authorities spending £2.44 billion on services in 2022-23, including £1.6 billion on temporary accommodation, much of which is substandard. The situation has worsened since 2017, with fragmented, short-term funding hindering effective prevention efforts. While DLUHC has improved data and local authority collaboration, the report highlights the lack of comprehensive strategy and public targets. These gaps prevent DLUHC from demonstrating value for money in addressing homelessness.
Policing
Use of anti-rip clothing in police custody | The Independent Custody Visiting Association (ICVA) has released an updated report on the use of anti-rip clothing in police custody. Following a thematic review of inspection reports, legal advice, and a survey on the removal of clothing for "welfare reasons," ICVA scrutinized custody records of individuals given anti-rip clothing. This led to an interim report, and the newly released update includes fresh insights from stakeholders, members, and a summary of responses to ICVA’s recommendations. The report offers updated information on the practices and considerations surrounding the use of anti-rip clothing in custody.
Voluntary sector
Plan to break the cycle of crisis and crime | Revolving Doors published a strategic roadmap, co-produced with members with lived experience, offering actionable, evidence-based solutions to addressing the flaws in the criminal justice system for the new Labour Government. The roadmap, aligned with Labour’s manifesto, proposes solutions including stronger community sentences, expanded diversion initiatives, and a Cabinet-level focus on root causes, to reduce crime, reoffending, and the £18 billion annual cost to the UK.
PRT Strategic Plan | The Prison Reform Trust (PRT) has launched its ambitious Strategic Plan for 2024–2029. This plan signals a new direction in PRT’s mission to create a fair, humane, and effective justice system. The strategy is organised into two key areas: the foundation lane, which focuses on enhancing core activities like advice and information services, prisoner engagement, and policy advocacy; and the innovation lane, dedicated to developing new projects that influence policy and frontline operations.
Priorities for the new Labour government | The Institute for Government and Nuffield Foundation report reveals the deteriorating state of key public services, including the NHS, local government, schools, and the criminal justice system, with performance declining since 2010 or pre-pandemic levels. It notes decreased police effectiveness, rising court backlogs, worsening prison capacity, and high probation caseloads. The Labour party's manifesto commitments imply a 2.4% annual real-term cut for unprotected areas like local government and criminal justice. The report suggests that by focusing on outcomes, prevention, capital investment, front-line innovation, and staff contributions, the government could enhance services. Despite the challenges, the government's election victory provides an opportunity for meaningful reform and performance improvement.
Sentencing
Joint enterprise convictions at the highest rate in a decade | The Justice Gap published an article setting out data on the number of people convicted under joint enterprise rules. It reports that nearly 1,000 people have been charged and over 600 convicted under joint enterprise rules in England and Wales since 2019. Joint enterprise accounts for 36% of murder charges and 28% of murder convictions, with secondary participants often implicated. A decade ago, only 19% of murder convictions involved joint enterprise. The data highlights a disproportionate impact on young Black men, who make up 31% of secondary convictions despite representing just 3.7% of the population. Additionally, 93% of joint enterprise defendants are male, with 14% aged 14-17 and 40% aged 18-24.
Joint letter calls for IPP reform | The Centre for Crime and Justice Studies published a joint letter signed by over 70 campaigners, trade unionists, activists, lawyers, and civil society representatives, urging urgent action on IPP reform. The letter argues that swift and decisive action to address the IPP scandal is not only morally right but would also help alleviate the current population pressures in the prison system.
Youth Justice
Integration in youth justice services | The Youth Justice Board published research examining the trend towards structural integration in Youth Justice Services (YJSs) with Children's Social Care, Early Help, and other services for children in England and Wales. This shift is driven by factors such as national policy, Child First practices, local priorities, and financial pressures. The study identifies four key integration models: directorate level (29%), portfolio level (26%), umbrella service (19%), and delivery level (17%). While integration improves communication, resource flexibility, and cohesive Child First support, it also poses challenges like potential loss of specialist youth justice identity and issues with geographical boundaries, funding, and staff turnover. The research highlights that YJSs must consider local circumstances to determine the best structural model, as there is no one-size-fits-all solution.
Crime and Policing Bill and youth custody | Following HMI Prisons report on Feltham A, and the King's Speech, the Alliance for Youth Justice published a comment highlighting the opportunity the newly announced Crime and Policing Bill presents to keep children out of the 'failing' secure estate.
Child imprisonment: A review of the evidence | End Child Imprisonment has published a report aimed at government ministers, civil servants, and advisers in youth justice and child welfare in England, examining 25 years of child imprisonment policy. Written by experts in youth justice, it reviews key reforms and government pledges since the Crime and Disorder Act 1998. The publication highlights the urgent need to end child imprisonment, advocating for secure childcare establishments only when absolutely necessary. It acknowledges the additional harms faced by specific groups, such as children from racially minoritised communities, girls, disabled children, and those in care. Despite not covering every official investigation, it notes that 35 children have died in youth prisons since the UK ratified the UN Convention on the Rights of the Child in 1990.
Women
Young women’s education in prison | A new report by the Prisoners’ Education Trust (PET), authored by Katy Swaine Williams, highlights the crucial role of education for young women in prison and after release. Based on the experiences of eight women aged 18 to 24, the report shows that education provides a sense of pride, purpose, and a positive distraction from their challenges, including trauma, abuse, and mental health issues. It recommends tailored, gender-informed support, increased use of Release on Temporary Licence (ROTL), and better data collection on educational needs. PET urges the Ministry of Justice to renew its commitment to developing a Young Women’s Strategy, with a focus on education and employment, co-produced with the young women themselves.
Post-release death investigations | The Prisons and Probation Ombudsman (PPO) published the second Learning Lessons Bulletin on post-release deaths, highlighting the severe impact of releasing people from prison into homelessness. The PPO’s investigation into 137 post-release deaths between September 2021 and December 2023 revealed that 32% of those released homeless died within two weeks, with over 50% dying within the first four days. Most deaths were drug-related, with 20 occurring on the first day. The PPO urges HM Prison and Probation Services and community providers to enhance release planning, ensuring vulnerable prisoners have suitable accommodation and support to prevent further deaths. The report emphasises the critical need for safe release environments to address the complex needs of prison leavers.
Guidance
Terminating your IPP license: a legal guide | The Howard League for Penal Reform, along with Dr. Laura Janes, the Prison Reform Trust, and the Prisoners’ Advice Service, has created a practical guide explaining the process for individuals serving an IPP (Imprisonment for Public Protection) or DPP (Detention for Public Protection) sentence to have their licence terminated. It covers the current legal rules and anticipates upcoming changes under the Victims and Prisoners Act 2024, which are not yet in effect.
Statement and guidance in response to riots and public disorder | The Charity Commission issued a statement addressing charities' responses to recent public disorder, acknowledging the challenges of unfamiliar risks. Trustees should make decisions in good faith, prioritising their charity’s best interests based on available information. The Commission provides guidance, including safeguarding advice: follow safeguarding policies, act swiftly to minimise harm, report incidents to relevant agencies, and plan communication with stakeholders and the media. Charities should regularly review the security of staff, visitors, and premises, and consider additional protective measures if necessary. Monitoring official social media channels for updates from police and government bodies is advised. Charities are reminded not to hesitate to contact emergency services if staff, volunteers, or beneficiaries face threats or danger.
Online meetings guidance refreshed | The Charity Commission has issued a press release urging charities that hold online meetings to review and update their governing documents. This follows the release of the Commission's redesigned guidance, CC48, which highlights the importance of adhering to a charity's governing document during meetings. The latest guidance on Charity Meetings is now available online.
The barriers to studying in prison | Prisoners’ Education Trust published a blog authored by Lived Experience Consultants, summarising data and findings gathered in prisons across England and Wales over the last nine months. The study is part of PET's National Lottery Community Fund project to reach and support more learners in prison.
A question of delivery: Riots, Southport and the criminal justice system | Following the events in Southport and across other parts of the country, the Centre for Justice Innovation published a blog that considers the recent events and whether the criminal justice system can deliver in response to them.
How charities can tackle misinformation | NCVO published a blog providing advice to charities on how they can tackle the spread of misinformation and steps to take to mitigate its effects.
Prison education: three priorities for the new government | The Chief Executive for Prisoners’ Education Trust, Jon Collins, published a blog setting out three priorities for a new government on prison education: review the new contracts, find some extra funding, and make education a priority.
Crime statistics explained- is it rising or falling? | Full Fact published an article looking at how crime figures are gathered and recorded, and whether they indicate crime is rising or falling.
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This month's edition was written by...
Clinks Policy and Communications Officer, Bronte Jack
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