Crime reduction policies: a co-ordinated approach? - Justice Committee Contents


3  Developments in crime reduction since 2010

The Government's strategic priorities for the reduction of crime

25. We consider here the key developments in the Government's approach to crime reduction since our predecessor Committee published its report shortly before the 2010 General Election. The Government asserts that it is taking a "comprehensive approach" to crime reduction. It is: i) addressing the drivers of crime, particularly alcohol, drugs, anti-social behaviour, violence and organised crime; ii) supporting effective policing at local and national level through the introduction of "a radical programme of reforms"; and iii) breaking the cycle of reoffending by "transforming how offenders are rehabilitated".[59]

26. A central part of this Government's approach is tackling what it calls the "key drivers" of crime, with primary responsibility for doing so resting with the Ministry of Justice and the Home Office. The former's energies are focused on the reduction of crime by those already involved in the criminal justice system, predominantly through its Transforming Rehabilitation reforms, whilst the latter has replaced a range of policing targets with a single objective of reducing crime, and has introduced a range of reforms in an effort to accomplish this, including the creation of the National Crime Agency and local Police and Crime Commissioners.

27. Much of the activity required to decrease criminality lies outside the criminal justice system, and as such responsibilities cut across a number of Government departments. Those who commit crime often face mental health or substance misuse problems—the funding for which primarily resides with the Department of Health (DoH); they may face debt problems—with the Department for Business, Innovation and Skills (BIS) holding most of the budget to tackle such issues, and they may experience unemployment—a Department for Work and Pensions (DWP) issue.

Governance arrangements to support crime reduction

28. There have been a number of noteworthy changes to national and local governance arrangements to support crime reduction since 2010.

THE NATIONAL CRIMINAL JUSTICE BOARD

29. A National Criminal Justice Board has been established by the Minister for Policing, Criminal Justice and Victims to "advise him on the strategy for the criminal justice system and support him in better driving cross-criminal justice system performance" with a view to looking at the 'whole system' rather than just the individual components of it.[60] The Minister's position, straddling the Home Office and Ministry of Justice, is an illustration of this intention to look across the whole system.[61] This aspiration is supported by an action plan Transforming the criminal justice system published in June 2013, three months after our inquiry commenced.[62] The plan identifies crimes where there is evidence of systemic failure in how the criminal justice process tackles them, or which have a particularly devastating effect on victims, because of either the nature of the crime or the vulnerability of the victim or a witness. These crimes, which require a national response and action to improve performance, are:

·  violence against women and girls and child sexual abuse;

·  hate crime; and,

·  gun and knife crime.

Other priority areas are digitalisation (improving technology to accelerate the flow of information and generate efficiencies), diversity and partnership working. Seven shared outcomes are specified for criminal justice agencies, which include reduced crime and reduced re-offending. Although a broader Inter-Ministerial Group on Reducing Re-offending, which drove cross-departmental work on reducing re-offending from 2004, no longer exists, a new Group has been created to focus on gangs and youth violence. In Wales many of the levers used in crime reduction such as housing, health and education fall within the remit of the Welsh Government.

ELECTED POLICE AND CRIME COMMISSIONERS

30. At a local level, elected Police and Crime Commissioners (PCCs) have been introduced into the complex landscape of individual agency and partnership commissioning activity to reduce crime and re-offending.[63] Each PCC has published a police and crime plan in which they set out their strategic priorities for the duration of their tenure. PCCs have a role in ensuring that criminal justice agencies, local authorities and other partners, including health services, work together effectively and efficiently to reduce crime. Local criminal justice boards (LCJBs), which bring together representatives of criminal justice agencies, ceased to receive central government funding in April 2011, but continue to operate in most areas. Community safety partnerships and PCCs are required to cooperate with each other and to have regard to each other's plans.[64]

31. PCCs are responsible for administering a Home Office Community Safety Fund (CSF) which replaced the vast majority of existing Home Office drugs, crime and community safety funding streams. The CSF is not ring-fenced and PCCs can use it to commission services that help tackle drugs and crime, reduce re-offending, and improve community safety in their area. The allocations of the CSF were based on the existing distribution of drugs, crime and community safety grants across police forces.

OTHER DEVELOPMENTS

32. There have also been some relevant changes to the role of local authorities. In particular, responsibility for public health, including drug and alcohol treatment, has been transferred to them from the NHS. Health and Well-being Boards have been created to integrate better local government and health services' approach to public health, although criminal justice representation on the board is not statutory. A national and regional approach has recently been adopted for the commissioning of some aspects of offender health, in particular in prisons, the youth custodial estate and other accommodation including police custody suites (previously the responsibility of the police) and courts.[65]

The Government's approach to reducing the costs of the criminal justice system

33. The Ministry of Justice is in many respects a demand-led department. Demand for prison places and probation services is fed by the criminal courts which are in turn fed by the police and prosecution services which are in turn fed by the incidence of crime. This presents particular challenges both in making spending reductions and in channelling resources effectively into reducing re-offending. Our predecessor Committee proposed in its report Cutting crime: the case for justice reinvestment, that faced with both a fiscal crisis and a seemingly growing prison population, the costs of which dominated the Ministry's budget, the post-2010 Government should seize the opportunity to place the penal system on a more sustainable footing by seeking to reduce demand on the system, in particular prison numbers, rather than pursuing a "predict and provide" policy.[66] As that Committee pointed out, such a "predict and provide" approach is only applied to custody and not to provision for other forms of sentence which the court may regard as likely to be effective. The Committee was concerned that the Ministry was overly focused on how each individual service could continue to function with reduced resources rather than assessing the most effective allocation of resources across the system as a whole. They stated that efficiency savings would "undoubtedly undermine" the performance of prisons and probation services, and that this approach was therefore unsustainable.[67]

34. NOMS and the Ministry of Justice state that they are seeking to "deliver a transformed justice system and a transformed Department which is more effective, less costly and more responsive to the public".[68] In seeking to achieve this, the Ministry has, broadly speaking, adopted reforms specific to each criminal justice agency, rather than adopting a truly whole system approach. For example, in relation to HM Courts and Tribunals Service, measures have included savings to the costs of administering the Service through a programme of court closures, and bringing offenders to justice more quickly under a package of measures designed to deliver 'swift and sure' justice.[69]

35. Under the Transforming Rehabilitation reforms, the Government is making large-scale structural changes to the commissioning of probation services with the intention of using the savings achieved to extend the reach of probation supervision to those serving short prison sentences. The Secretary of State intends that this will improve the long-term sustainability of the system by bringing down re-offending, but he has not published any modelling of projections to support this.[70] As we concluded in our interim report on this inquiry, in the absence of published projections of the likely reductions in reoffending or estimates of how this might impact on the future costs of the system, it is not possible to predict whether or not savings will be swallowed up by increased demand on the prison system together with reduced funding of existing services by statutory partners and other funders.[71]

36. Rather than seeking to reduce demand on the system and hence the costly use of imprisonment, as our predecessor Committee proposed, the current Justice Secretary's approach has been to focus on reducing the cost base rather than seeking to reduce the use of imprisonment or demand on it per se. Mr Grayling told us in November 2012:

    I do not want a criminal justice system, prison system and system of community sentences where effectively the message to the courts is, "Look, you can't actually sentence that person to what you want to sentence him to because we don't have the money to pay for it." That would be a disastrous position for our criminal justice system to be in. We have to do things in a smarter and more cost-effective way. If you look within the prison system, there is a huge variation in the cost of keeping people in different prisons […] I think it is about making prison cheaper and not having less prison.[72]

Accordingly, the Government has embarked on a £450 million programme of efficiency savings by benchmarking provision across the public prison estate and sought to replace old and inefficient prison accommodation with new facilities yielding lower costs per prison place.

CHANGES IN THE PRISON POPULATION

37. The growth rate of the prison population has slowed since our predecessor's report, and is currently relatively stable. The overall prison population in June 2010 was 85,400, remarkably similar to the 85,285 in custody on 4 April 2014. It should be noted that there have been fluctuations over this period, including an all-time high of 88,179 prisoners in December 2011.[73] Between 2011 and 2013, there was a 28% reduction in the use of community orders.[74]

38. The apparent stabilising of numbers is also illustrated in prison population projections which have fallen significantly over the last four years. In August 2009, it was projected that by the end of June 2014 the demand for prison spaces would be between 83,500 and 92,400; by November 2013, the corresponding projections had been lowered to between 82,600 and 84,300. The revised projections were related to: a falling remand population, (following restrictions introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012); a decline in the number of under 18s in custody; and falling volumes going through courts.[75] Mid-range projections for the next five years indicate that there will be 81,800 in prison by December 2019.[76]

39. The previous Committee wished to clarify the cause of the "seemingly inexorable" rise in the prison population, in particular the extent to which it could be ascribed to policy change. The Ministry has published detailed analysis of the growth in the prison population since 1993 which confirmed that both tougher sentencing and enforcement outcomes, and a more serious mix of offence groups coming before the courts had contributed to the rise.[77]

40. Decisions to reverse the growth can be politically challenging, as highlighted by this example from the NAO's Landscape Review:

    In 2010, the government proposed sentencing reforms expected to result in around 6,000 fewer prison places, leading to £324 million savings. However, in June 2011, it decided not to proceed with some of the proposals. The estimated number of prison places that the Ministry could close through revised sentencing reforms reduced to 2,000, foregoing £134 million of savings from reform.[78]

The former Secretary of State's approach to these reforms had been to develop more "intelligent sentencing" and cease "endlessly and irresponsibly inflating prison numbers for their own sake". One of these proposals, to offer 50% sentence discounts to offenders who submit early guilty pleas, was not well received and was abandoned. Nevertheless, the Government has taken some steps to curb the unnecessary, or unjust, use of imprisonment in particular by placing restrictions on the imposition of custodial remand where the offence carries no real prospect of imprisonment, and by abolishing the indeterminate sentence for public protection (IPP).[79]

41. On the other hand, the "cheaper not smaller" approach to reducing the costs of imprisonment discussed above has resulted in the creation of just the large scale institutions that the Committee warned against in its report. For example, almost a quarter of establishments now hold over 1,000 prisoners, with half of these holding over 1,200, and the proposed prison in Wrexham is planned to provide some 2,000 places.[80] Some witnesses expressed concerns about the size of some prison establishments.[81] We will consider these questions further in our new inquiry into Prisons: planning and policies.

42. The broader question posed by our predecessor Committee of whether the incapacitation benefits of putting people into prison for longer can achieve reductions in crime rates which are justified by the costs of doing so, taking into account also the sometimes counterproductive impact of imprisonment on reoffending, remains largely unanswered. Research commissioned by Civitas goes some way to developing such an answer, in particular for the crimes of burglary and fraud: a 1% increase in sentence decreased burglary by 0.08% and fraud by 0.2%. However, the researchers was unable to tease out incapacitation from deterrent effects, or distinguish between the relative merits of custodial vs. community sentences in terms of the reduction of reoffending, and they did not consider the cost-benefit implications of their findings.[82] The incapacitation benefit appears small relative to the cost of imprisonment and would be gained by drawing on funds which could otherwise be used to tackle the causes and sources of criminal behaviour. Furthermore, Ministry of Justice data on the outcome of different sentences on re-offending shows the complexity of unpicking their relative impact. While shorter custodial sentences have higher re-offending rates than longer ones, offenders sentenced to prison sentences of less than 12 months had a higher re-offending rate by 6.8% points than similar offenders receiving a community-based court order, and offenders receiving conditional discharges re-offended at lower rates than similar offenders who received a community order or a fine.[83]

43. Prison sentences and the different length of prison sentences applied to different crimes are seen by the public as a measure of how seriously society regards different crimes, but if custody is treated as the only means of expressing society's disapproval, it will remain difficult to achieve effective sentencing. Wider understanding of the severity of some robust community sentences and supervision requirements is one element that will be required to change this perception.

Crime reduction initiatives

Efforts to implement payment by results

44. Early in this Parliament, the Ministry commenced a series of payment by results pilots, some of which took a justice reinvestment approach: they aimed to incentivise local statutory partners to reduce demand on courts, legal aid, prisons and probation and, consequently, reduce the costs on the justice system. Although some of the other payment by results pilots were suspended, the justice reinvestment pilots were permitted to run to their conclusion in July 2013. We discuss the results of these in the final chapter.

Early intervention

45. The Government has acknowledged that there is strong evidence that intervening early in the lives of young people, before behaviour becomes entrenched, or when problems first begin to emerge, can present the best chance of breaking the crime cycle.[84] It has sought to develop a series of cross-government approaches to early intervention and preventing youth crime, for example, through the Ending Gang and Youth Violence programme, the Troubled Families' programme, and Family Nurse Partnerships, each of which is described briefly below.

ENDING GANG AND YOUTH VIOLENCE PROGRAMME

46. Violence is estimated to cost the NHS £2.9 billion every year. This figure underestimates the total impact of violence on health as, for instance, exposure to violence as a child can increase risks of substance abuse, obesity and illnesses such as cancer and heart disease in later life. Thus the total costs of violence to society are estimated at £29.9 billion per year.[85] Under the Ending Gang and Youth Violence strategy the Home Office invested £10 million to enable 33 localities with the highest levels of gang and youth violence to implement improvements to the way they responded to youth violence, in conjunction with a national team of experts. In 2013-14, the Home Office transferred community safety funding to Police and Crime Commissioners, which they can use to invest in local priorities, including youth violence. There have been falls in police recorded youth violence across the areas targeted, taken as a whole, since the programme began, although these reductions cannot be linked directly to it. This has occurred against the background of national falls in levels of violent crime.[86]

THE TROUBLED FAMILIES PROGRAMME

47. The £448 million Troubled Families programme has been established to join up efforts to support 120,000 such families by 2015—defined by the Department for Local Government and Communities (DCLG) as those that have problems and cause problems to the community around them—by helping local authorities to drive forward family interventions through a payment by results approach. Six government departments have contributed the central funding to the scheme, which represents 40% of the average cost required, with the remaining 60% coming from local budgets. In May 2014 the Government stated that almost 40,000 families had been "turned around" through the initiative.[87]

FAMILY NURSE PARTNERSHIPS

48. The Family Nurse Partnership is a voluntary home visiting programme for first time young parents, aged 19 or under. A specially trained family nurse visits the young mother regularly, from early in pregnancy until the child is two. The programme is underpinned by an internationally recognised and robust evidence base, which shows such an approach can improve health, social and educational outcomes in the short, medium and long term, while also providing cost benefits. A review of thirty years of research in the United States has shown a 59% reduction in arrests and a 90% reduction in supervision orders by age 15 for the children of mothers helped by such programmes. In the light of its potential for long-term violence reduction, the Government committed to double the capacity of the programme as part of its work on gang and youth violence. We visited an example of this in Houston, Texas, where it is known as Nurse-Family Partnership.

Efforts to improve the evidence-base

49. The Committee in 2010 recommended an independent cross-disciplinary national crime reduction centre of excellence, akin to the National Institute for Health and Clinical Excellence (NICE).[88] In its response the then Government cited examples of partnerships between the academic community and the Government in implementing a more evidence-based approach to crime and justice policy, including the Correctional Services Accreditation Panel and the Campbell Collaboration crime and justice group.[89] The then Government agreed that the evidence base in crime and justice policy could be improved further and stated that it would "continue to explore whether we need to fund new national centres of research excellence to help generate and disseminate evidence on what works. This will need to take account of the potential costs involved and [ensure] that any such undertaking represents value for money."[90]

50. Since then there have been some related developments. The What Works Centre for Crime Reduction has been established, hosted by the College of Policing, and supported by a group of academic institutions. This is a three-year programme, which started in September 2013, that will: review research on practices and interventions to reduce crime; label the evidence base in terms of quality, cost and impact; and provide Police and Crime Commissioners (PCCs) and other crime reduction stakeholders with the knowledge, tools and guidance to help them target their resources more effectively. The Government explained the College's role: "It will equip [the police] with the skills they need to continue to reduce crime and protect the public. The College will build close links with academia and establish an effective evidence base for policing effectiveness and, in its role as a designated What Works Centre, understanding crime and how best it can be reduced."[91]

51. There are other initiatives which are seeking to bring together research and develop professional expertise. As part of the Transforming Rehabilitation programme the Ministry is seeking to open up and disseminate the data which providers need to ensure their approaches have the greatest impact on reducing reoffending. For example, it has produced a series of rapid evidence assessments which set out the strengths and weaknesses of the current evidence base, and established the Justice Data Lab, a pilot initiative which provides organisations working with offenders with the opportunity to evidence how effective their work is at reducing reoffending.[92] Nevertheless, in many cases the Lab has found insufficient evidence to draw any conclusion about the impact of the work in question on reoffending.[93] The Ministry has also agreed to provide some initial financial support to the Probation Institute—a joint initiative of the Probation Association, Probation Chiefs Association, Napo and UNISON which was established in March 2014 to "safeguard professional standards and act as a centre of excellence". In terms of the latter aim it is intended that the Institute will apply "rigorous standards to the assessment of research and other evidence and its implications for the delivery of services that protect the public and rehabilitate offenders."[94] Jeremy Wright conceded that while much is known about the factors that are relevant to determining the likelihood of reoffending, there is a need to draw together the evidence on what is most effective when these are applied in practice.[95] In relation to the question of whether there is a need for a single centre of excellence, Mr Wright believed that the first step was to ensure that there was a centre focused on rehabilitation, to complement that related to policing.[96]


59   Ministry of Justice (PPC0014) Back

60   IbidBack

61   Q500 [Norman Baker MP] Back

62   Ministry of Justice, Transforming the CJS a Strategy and Action Plan to Reform the Criminal Justice System, Cm 8658, June 2013 Back

63   Police and Crime Commissioners are elected representatives charged with securing efficient and effective policing of police areas in England and Wales. The post was created under the Police Reform and Social Responsibility Act 2011 and the first incumbents were elected on 15 November 2012, taking office a week later. Commissioners replaced the now abolished police authorities. Back

64   Home Office guidance, Police and Crime Commissioners and Community Safety Partnerships, accessed 12 June 2014. Section 6 of the 1998 Crime and Disorder Act requires the responsible authorities (commonly referred to collectively as a Community Safety Partnership (CSP)) in a local government area to work together in formulating and implementing strategies to tackle local crime and disorder in the area.  Back

65   The NHS Commissioning Board has published a single operating model for the commissioning of such services. From April 2013, the stated intention of the Board and its four regional teams has been to "move away from regionally and locally isolated commissioning to a clear and consistent national approach, with national standards based on the best available evidence to ensure efficient provision of care, and improved health outcomes." The Board will move towards contracting services nationally within a set of service specifications, standards, policies and quality measures. In an effort to ensure that local decisions about services are made as close to health communities as possible, 10 area teams of the Board will take on the responsibility across England for contracting and the delivery of services for people in prison, other secure accommodation and for victims of sexual assault. See NHS Commissioning Board, Securing Excellence in Commissioning for Offender Health, February 2013  Back

66   Justice Committee, First Report of Session 2009-10, Cutting crime: the case for justice reinvestment, HC 94-I, para 96 Back

67   Ibid, para 87 Back

68   Ministry of Justice (PPC0014)  Back

69   Ministry of Justice, Swift and Sure Justice: the Government's plans for Reform of the Criminal Justice System
Cm 8388, July 2012 
Back

70   Qq179, 187 Back

71   Justice Committee, Twelfth Report of Session 2013-14, Crime reduction policies: a co-ordinated approach? Interim report on the Government's Transforming Rehabilitation programme, HC 1004, para 35  Back

72   Oral evidence taken on 28 November 2012, HC (2012-13) 741-i, Q11  Back

73   This rise was partially, though not wholly, explained by the remanding and sentencing of people suspected of, and convicted of, being involved in the August 2011 riots. Prison Population Statistics, Standard Note SN/SG/4334, House of Commons Library, 29 July 2013.The overall prison population includes males and females held in prisons and young offender institutions. Back

74   Nacro (PPC0038) Back

75   Ministry of Justice, 2014, Prison population projections 2013-2019 England and Wales Back

76   IbidBack

77   Ministry of Justice, 2012, The story of the prison population 1993 to 2012 Back

78   National Audit Office, The criminal justice system: landscape review, HC 1098, March 2014, p.14 Back

79   Prison Reform Trust (PPC0013) Back

80   Derived from Prison Population Monthly Bulletin April 2014, accessed 12 June 2014 Back

81   See for example Rob Allen (PPC0020), Qq392-395 [Mr Hardwick, Mr McLennan-Murray] Back

82   Bandyopadhyay, S. (2012) Acquisitive Crime: Imprisonment, Detection and Social Factors, Civitas  Back

83   Ministry of Justice, 2013 Compendium of re-offending statistics and analysis, July 2013. Back

84   Ministry of Justice (PPC0014) Back

85   Department of Health, Protecting People, Promoting Health: A public health approach to violence prevention for England , October 2012 These figures relate to England only.  Back

86   https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/278779/EndingGangYouthViolence2013.pdf

 Back

87   Prime Minister welcomes Troubled Families progress. The measure of success relates to self-declaration by the local authority concerned of 1) the number of families achieving crime/anti-social behaviour/education result as at the end of March 2014 defined as each child in the family having had fewer than 3 fixed exclusions and less than 15% of unauthorised absences in the last 3 school terms; and a 60% reduction in anti-social behaviour across the family in the last 6 months; and the offending rate by all minors in the family reduced by at least 33% in the last 6 months and 2) the number of families achieving continuous employment result defined as at least one adult in the family having moved off out-of-work benefits into continuous employment in the last 6 months (and is not on the European Social Fund Provision or Work Programme to avoid double-payment).https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11469/2117840.pdf Back

88   Justice Committee, First Report of Session 2009-10, Cutting crime: the case for justice reinvestment, HC 94-I,
para 301 
Back

89   Ministry of Justice, Government response to the Justice Committee's Report: Cutting crime: the case for justice reinvestment, Cm 7819, March 2010. The Correctional Services Accreditation Panel helps the Ministry of Justice and NOMS to develop and implement high quality offender behaviour programmes and promotes excellence in programme design. Its main work is to use an evidence based approach to accredit programmes designed to reduce re-offending. Applications are assessed against a set of accreditation criteria derived from the lessons learnt from international research about what works in reducing re-offending. The Campbell Collaboration crime and justice group is an international network of researchers that prepares and disseminates systematic reviews of high-quality research on methods to reduce crime and delinquency and improve the quality of justice. Back

90   IbidBack

91   Ministry of Justice (PPC0014) Back

92   Qq516-517 Back

93   See, for example, Justice Data Lab Pilot Statistics, accessed 12 June 2014 Back

94   Probation Institute brochure, Probation Institute: Promoting excellence throughout the offender rehabilitation sector, accessed 12 June 2014 Back

95   Q516 Back

96   Q518 Back


 
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