4 The coherence of crime reduction
policies
52. Reflecting the broad terms of our
inquiry we sought our witnesses' views on the overall coherence
of crime reduction policies. The National Audit Office has summarised
the implications of the fact that there was no single governance
mechanism for the criminal justice system as follows:
Under the current constitution and
structure of government, there can be no single 'owner' of the
System. This helps to provide essential safeguards for citizens
and independence from political control for elements such as the
judiciary and the police. However, it can also bring costs, arising
from the need for careful coordination and consultation across
the System. And it can create multiple points of failure where
problems arise in one part of the System that affect partners
elsewhere.[97]
We discuss here the benefits and limitations
of there being no single owner at national and local level in
developing co-ordinated approaches to crime reduction.
Crime as a cross-departmental
issue
53. The clear focus of both the Home
Office and Ministry of Justice on cutting crime was viewed positively
by our witnesses.[98]
On the other hand, there is a risk that activity on crime
reduction is seen primarily as the domain of these two Departments
and their corresponding local agencies.[99]
The Howard League stated that "[c]rime reduction focuses
on reducing reoffending and the harm caused by those already in
the criminal justice system. [
] If we are to continue to
see crime levels fall, a wider approach must be taken that also
looks to crime prevention and seeks to tackle the underlying causes
of crime and make communities safer."[100]
Others agreed that current arrangements might neglect the benefits
of a wider approach. For example, Nacro noted that community sentences
such as unpaid work are not sufficiently rooted in local communities:
Even though orders like community
payback do take place within the heart of these neighbourhoods,
there is a danger that they are administered in a vacuum and thereby
the potential for a 'golden thread' - which starts with unpaid
work and then may lead on to work placements, volunteering opportunities
and ultimately a paid job - is lost. [
] For this to be achieved,
community sentences need to be rooted firmly in many spheres of
community life and to be characterised by strong and positive
peer relationships which motivate and challenge offenders to take
responsibility for change, keep them active within programmes
through to completion, and support them to gain new insights,
try out new things, and to stop falling back on familiar, negative
and ultimately unsuccessful behaviour. [101]
Martyn Underhill, PCC for Dorset took
a similar view:
Magistrates know only too well that
lower-level crime and criminal activity seriously affects communities
and undermines confidence in the CJS. Crimes perpetrated at the
lower order of seriousness are often committed by people with
extraordinarily complex issues. These 'issues' cannot be wished
away by a bit of Community Payback or RJ. They go to the root
of this demographic of people and cover a whole range of issues
including social exclusion, poor parenting, health, education,
job prospects and self-esteem.[102]
The Magistrates' Association itself
was stronger in its assertion that Government policy on crime
reduction can be simplistic and unrealistic:
Crime and anti-social behaviour
(particularly at the lower level) has its roots deep in society,
parts of which are dysfunctional through the impoverishment of
opportunities, housing, education and meaningful employment. There
needs to be a wider ownership and responsibility from individual
government departments, where currently there are gaps. Crime
is a journey for perpetrators, victims, those that investigate,
prosecute, adjudicate and deal with post-sentence issues. Government
departments (apart from the Treasury, Home Office and Ministry
of Justice) such as Health, Education and Work & Pensions
all have a role to play in this journey. Of concern is that different
departments have seemingly different priorities, funding issues
and direction.[103]
This is evident to some extent in the
Government's depiction in its strategic priorities of the 'drivers
of crime'alcohol, drugs, anti-social behaviour, violence
and organised crimewhich primarily relate to symptoms rather
than causes.
54. The perpetual change that the criminal
justice system undergoes can also hinder a coherent approach,
both in terms of piecemeal structural reforms to particular components
of the system, and the disruptive process of implementing waves
of new legislation relating to its functioning. The Coalition
Agreement expressed a desire to prevent the proliferation of unnecessary
new criminal offences.[104]
This Government has continued in the vein of its predecessors
in bringing forward eight major pieces of crime and criminal justice
legislation in quick succession, making ongoing changes to the
sentencing framework and the structures, powers and responsibilities
of related agencies. The Magistrates' Association made the following
observation of the impact of this:
the criminal justice system
(CJS) does not need constant change according to the latest fad,
but instead be given time to operate cohesively across all agencies
with better communication between those who make the laws, those
who investigate crime and protect the public and those who administer
the law under due process.[105]
55. One example of legislation criticised
by London Councils as potentially counter-productive was the Anti-Social
Behaviour, Crime and Policing Bill, which has now received Royal
Assent. They said that while the proposed changes would potentially
simplify approaches to tackling anti-social behaviour, the relevant
provisions focused on enforcement and policing, rather than early
intervention and preventative measures and might serve to dilute
local government's role in facilitating such activity.[106]
Changes in policy can also have a disruptive impact on existing
activities that are still embedding. In our report Women offenders:
after the Corston report we highlighted the funding of women's
community centres for offenders and those with particular vulnerabilities
that put them at risk of offending, as a particular example of
the limitations of the existing siloed approach to funding, despite
evidence of the benefits of the centres' work.[107]
The breadth and depth of cross-Government
activity
56. The Local Government Association
spoke of the value of the cross-Whitehall work that has been undertaken
to reduce crime, though regretted that it tends to be restricted
to thematic approaches, for example, to violence against women
and girls, gangs, or so-called troubled families.[108]
Additionally, in the LGA's experience, the Department of Health
is not as a matter of course involved in crime reduction, even
though health services and health spending can have a considerable
impact on crime.[109]
Dr Alison Frater of NHS England and Dr O' Moore of Public Health
England were optimistic that there would be better integration
between health and crime agendas following the structural reforms
described in chapter three. For example, Public Health England
have been engaged in developing a greater understanding of some
of the health-related drivers of criminogenic behaviour that can
inform policies and programmes both across Government and for
local directors of public health within local authorities.[110]
Community-based drug treatment for offenders is an example of
what can be achieved.
57. Jeremy Wright acknowledged that
change of Government tends to result in policy change but noted
that there was a political consensus about the need to intervene
early to interrupt the "conveyor belt to crime" and
that this was likely to lead to better results downstream.[111]
Nevertheless, he felt that the efforts of the Ministry of Justice
and, to a lesser extent, the Home Office, were inevitably focused
at the end of the criminal justice process and that wider cross-Government
work was essential to "get to grips" with crime, and
re-offending. He and Norman Baker agreed that close work with
the Department of Health, Department for Communities and Local
Government and the Department for Education was of particular
importance.[112] One
example of this was work by the Home Office and Department of
Education to address the Deputy Children Commissioner's findings
about the misogyny experienced by girls in gangs.[113]
58. The Home Office and the Ministry
of Justice have been strong in their focus on cutting crime. We
note the intention expressed in the Coalition Agreement to limit
the proliferation of new criminal offences, but observe that this
has not stemmed the flow of legislative initiatives affecting
the criminal justice system. This, alongside administrative changes
and the pressure for both central and local government to achieve
financial savings can obscure the clarity of Government messages
on crime reduction and diminish the propensity for them to translate
into the desired action.
EARLY INTERVENTION
59. The NAO concluded in its landscape
review of the criminal justice system that by intervening early
and at the right time, reactive public spending can be reduced
while improving outcomes. In youth justice, there is evidence
that the earlier the successful intervention, the higher the return.
For example, in 2010, the NAO estimated that the cost of youth
crime in 2009 may have been between £8.5 billion and £11
billion. Between them the Home Office and the Ministry of Justice
spent around £200 million on specific early action programmes
in 2011-12: about 1 per cent of their total combined spending.[114]
Despite the clear financial imperative to do so, the NAO acknowledged
that there were considerable political and practical challenges
to implementing early action.
60. There are some signs that the Government
has begun to acknowledge the benefits of early intervention in
practice, rather than simply in principle. Part of the Government's
motivation for developing the Troubled Families programme is that
an estimated £9 billion is spent annually on those it targets,
an average of £75,000 per family each year. Of this, just
£1 billion is spent on efforts to solve and prevent the problems
experienced by these families in the long-term, with the remainder
being spent on reacting to the problems experienced and caused
by them. Nevertheless, despite having helped 40,000 families to
"turn their lives around", and the cross-departmental
financial contribution to the scheme, the Public Accounts Committee
considered that it was insufficiently integrated with the Department
for Work and Pensions' Families with Multiple Problems
programme.[115] We
heard several examples of the Troubled Families initiative stimulating
wider discussion among local partnerships about the value of intervening
early to prevent the inter-generational aspects of offending.[116]
Martyn Underhill's observations illustrate this:
I liken it to a house fire. By time
you are a labelled a Troubled Family, the house is on fire, and
all the authorities can do is attend to put the fire out. If you
intervene early, and put in a smoke detector, you stop the fire.
You stop the chaos taking hold. Pro-active early intervention
must be better than reactively putting out a fire. And along the
way you can change a generation of children, improving their outcomes
for life.[117]
One area of potential prevention activity
that appears to be neglected relates to children whose parents
are involved in the criminal justice system, which is not a criterion
for inclusion in the Troubled Families programme. Recent research
by children's charity Barnardo's estimates that 200,000 children
are affected by parental imprisonment each year across England
and Wales, yet no official record exists of them.[118]
61. There is some indication that cross-Government
approaches are not backed up by sufficient resources. The annual
budget for prisons and probation amounts to £4 billion, while
that for the Troubled Families programme is £448 million.
When it comes to preventive investment further upstream, the amounts
of funding involved are relatively small. For example, only £17.5
million has been dedicated to extending Family Nurse Partnerships,
£10 million was given to enhance support to local authorities
to tackle gang violence, and extension of the liaison and diversion
scheme is costing £25 million.[119]
Research by the Centre for Mental Health indicates that parenting
programmes that help parents to manage children's behaviour can
reduce the risk of a child getting involved in offending later
in life; they also improve the mental health of parents and children
alike. The total cost of crime attributable to people who had
conduct problems in childhood is estimated at about £60 billion
a year in England and Wales, equivalent to about £225,000
per person.[120] Evidence-based
parenting programmes, by contrast, cost about £1,200 per
child.
62. Official explanations of drivers
of crime, which underpin the national crime action plan, for example,
can at times be overly simplistic. For example, while the misuse
of both alcohol and drugs can be causes of crime, their manifestations
typically have other root causes. The Government's approach, which
remains focused largely on the activity of the Home Office and
the Ministry of Justice, can also overemphasise the significance
in attempting to reduce crime of measures taken entirely within
the criminal justice system.
63. The Government has developed
several cross-departmental programmes which are expected to bear
down on crime rates over the medium and longer-term, and this
is welcome. However, these programmes have tended to concentrate
on crisis management where there might be faster financial gains.
As a result, only a minor proportion of funding is attached to
very early intervention programmes, which could lead to longer
term benefits, like Family Nurse Partnerships. The staggering
costs to both the criminal justice system and wider society associated
with the failure to intervene sufficiently early to address known
risks in childhood, for example related to parenting and mental
health, highlight the need for a greater proportion of resources
to be devoted to reducing these risks. Parental involvement in
the criminal justice system, and parents serving custodial sentences
in particular, should be recognised more explicitly as an avenue
for early intervention.
Governance at national level
64. We found that people with key roles
in the system were unaware of the existence and role of the National
Criminal Justice Board. The President of the Prison Governors
Association and the Chief Inspector of Prisons had not heard of
it, and neither had anyone in the Prison Service to whom the latter
had made enquiries.[121]
Knowledge of the Board amongst Police and Crime Commissioners
was mixed, although there was evidence that the themes outlined
in the strategy had permeated into their policing and crime plans.[122]
Jeremy Wright, Parliamentary Under-Secretary of State for Justice,
spoke of the value of the Board in co-ordinating collective ownership
of the system by the various parties that run it, and was disappointed
that there was not more awareness of it.[123]
65. This Board is comprised of Ministers
and operational leaders across the criminal justice system only.[124]
Some witnesses were of the view that cross-departmental governance
should be strengthened. In the absence of an obvious framework
for centrally driving activity on crime reduction, Joanna Spicer
of the Local Government Association called for a ministerial level
crime reduction board which she felt would provide a "proper
challenge" to new proposals and on-going work, and seek to
ensure better co-ordination between departments.[125]
Alison Frater agreed.[126]
Alternatively, Councillor Spicer noted that it is a statutory
requirement on local government (under section 17 of the Crime
and Disorder Act 1988) to consider the effect of any policy at
all on crime reduction.[127]
This policy could be applied to all Government departments.[128]
None of our witnesses mentioned the role of the Minister for Crime
Prevention, established in September 2012. Sarah Salmon of the
Criminal Justice Alliance proposed that in order to reflect the
fact that the answers to crime do not lie exclusively in the criminal
justice system, there should be an inter-departmental Government
strategy on crime reduction.[129]
Norman Baker MP, the Minister for Crime Prevention, believed that
the combination of his role, the Minister for Policing and Criminal
Justice with a foot in both the Ministry and the Home Office,
the various inter-ministerial groups and cross-government accords,
provided both recognition of the need for different departments
"with different levers to pull" and sufficient co-ordination.[130]
The National Criminal Justice Board does not appear to have
entered the consciousness of many key actors in the system, which
concerns us. Nevertheless, we are not persuaded of the
need for a broader National Crime Reduction Board. We consider
rather that there is a need for a higher profile for the Minister
for Crime Prevention, whose wide-ranging portfolio should be pivotal
in providing strong cross-departmental oversight of crime reduction
policies, and other policies that might influence crime. The Transforming
the Criminal Justice System action plan commendably includes cross-government
initiatives to reduce crime, but in our opinion what is really
needed is a much broader approach, extending beyond the confines
of the criminal justice system, and distinguishing clearly these
activities from those that are properly owned by the criminal
justice system.
Governance at local level
66. The three PCCs, Alun Michael (South
Wales), Katy Bourne (Sussex) and Sue Mountstevens (Avon and Somerset)
who gave oral evidence to us all thought the essential ingredient
of successful crime reduction was to operate at local rather than
national level.[131]
THE ROLE OF POLICE AND CRIME COMMISSIONERS
67. Perhaps not surprisingly, all three
spoke positively about the potential of their role and the value
of their local police and crime plans in galvanising local partnerships.[132]
Policing and crime plans provide a common focus for agreeing activities
that should take precedence at local level, including how best
to implement national priorities. Their plans each set out objectives
related to crime reduction and shared several similarities in
their approach. For example, the focus was commonly on drugs,
alcohol, mental health and other shared priorities such as integrated
offender management, youth offending, and restorative justice;
as well as anti-social behaviour and violence against women and
girls, replicating national priorities at local level. There was
also a common desire to afford victims' needs a higher priority
in the criminal justice system. Alun Michael had explicitly called
his plan a police and crime reduction plan. The plans also highlight
the range of partnerships and agencies that PCCs sought to be
engaged with and the approach they wished to take in so doing.
These included health and well-being boards; NHS; community safety
partnerships; local authorities; local criminal justice boards;
drug and alcohol action teams; and youth offending services.
68. PCCs saw themselves as co-ordinators
or facilitators, exercising leadership to bring people together
to identify a common purpose.[133]
For example, in Sussex, the plan had been used to agree shared
frameworks for determining successful crime reduction activities
and budget-setting, and a joint commitment to these activities
being driven by evidence-based practice.[134]
This had been challenging in terms of varying political priorities
and geographical boundaries, but in most instances means have
been found to overcome these.[135]
69. This was echoed by our witnesses,
who were generally impressed by the 'and crime' mantle PCCs had
taken on in relation to courts and community safety partnerships.[136]
Those PCCs that we heard from, and about, appear to have provided
additional co-ordination to the array of local crime responsibilities
and activities, and have worked to address some structural barriers.
For example, Rob Allen noted examples of police and crime
commissioners setting up boards of local stakeholders from the
health service, probation and all the other agencies and saying,
"Look, we have some people here who are coming to the abshe
attention of the police over and over again. What can we do to
tackle their alcohol problem, their drug problem or whatever?"[137]
Nevertheless, we were reminded by Councillor Spicer that it was
early days to be confident about the results of their introduction.[138]
INTEGRATION BETWEEN PUBLIC HEALTH
AND CRIME AGENDAS
70. Our witnesses were hopeful that
health system reorganisation presented an opportunity for health,
local authority and criminal justice partners to work together
more effectively.[139]
It was thought that the preventive approach to the promotion of
good health taken by health and well-being boards could intersect
well with crime prevention, for example, preventing childhood
obesity, which can lead to mental health and drug and alcohol
problems, and potentially, in turn, to crime.[140]
Nevertheless, the involvement of criminal justice agencies is
wholly discretionary on the part of Boards.[141]
Witnesses pointed to good examples of co-ordination, such as the
inclusion of a health strategy in the Mayor of London's police
and crime plan, work undertaken by health bodies together with
probation trusts to enable provision of better support to young
offenders in developing mental health liaison and diversion schemes,
and multi-agency work with troubled families undertaken by health
and wellbeing boards which was able to look holistically at the
issues experienced by such families, such as mental health, general
health, reoffending, and truancy.[142]
There is a risk that these changes in infrastructure might have
confused organisational responsibility for reducing crime and
re-offending. For example, Rob Allen suggested that health and
education reforms have reduced the incentives for involvement
by those agencies in crime reduction activities.[143]
71. There have been significant changes
to the local partnership landscape for crime reduction since 2010
reflecting the ongoing broader shift of power in this field from
Whitehall to local communities. While this has resulted in an
assortment of local accountability structures, our evidence highlights
the clear benefits of collective ownership, pooled funding and
joint priorities for crime reduction that have been facilitated
by this approach. The introduction of police and crime commissioners
may have had a consolidating rather than destabilising effect,
galvanising and sharpening the shared endeavours of local stakeholders
to seek to make ongoing savings in dealing with residual local
crime problems.
72. The new health commissioning
structures provide an opportunity to address the need for stronger
links between health promotion and crime reduction which has long
been lacking. Nevertheless, there remains a considerable way to
go before health can be considered a fully integral part of the
crime reduction picture. It would be short-sighted of health and
well-being boards not to facilitate access to criminal justice
agencies, including police and crime commissioners (PCCs) and
providers of probation services. These partnerships are still
embedding and will undoubtedly have to undergo further adjustment
following the Transforming Rehabilitation reforms. We recommend
that the Government reviews whether PCCs and providers of probation
services ought to be statutory partners on health and well-being
boards.
Tensions between national and
local priorities
73. Our witnesses identified some areas
in which it was felt there should be greater national direction,
and others where greater local discretion was required. The key
example highlighted was the apparently divergent approaches of
the Home Office and the Ministry of Justice: the former is making
the transition from centrally-funded programmes to reduce crime
to a system where funding is determined locally by elected PCCs,
who are seen as "best placed" to understand the needs
of their communities and hold to account community safety partnerships;
the latter is nationalising probation services for higher risk
offenders and developing centralised commissioning arrangements
for medium and low risk offenders across contract areas which
do not align well with existing criminal justice geographical
boundaries.[144] The
MoJ's approach appears also to be against the grain of other departments'
public service reforms. We discuss the implications of this more
fully later in this chapter.
74. The three Police and Crime Commissioners
had differing views on the role that national strategies should
play in shaping this activity. [145]
Mr Michael said: "
I think, by and large, what happens
at a national level is something that is in the background. The
important work is very much local among the police, the Police
and Crime Commissioner, local authorities and other organisations,
including the agencies of central Government, like the prisons
that are operating on your patch".[146]
In Sue Mountsteven's experience, national initiatives had informed
the priorities of her local criminal justice board.[147]
On the other hand, Martyn Underhill, PCC for Dorset, cited the
examples of mental health and education as areas where there was
a disconnection between Departmental priorities and the localism
agenda, and where stronger national direction was required. In
relation to mental health he said:
Policing as a service and crime
in general, is fed by incidents caused by people suffering from
mental health issues. One in four people will have issues at some
stage in their life. Research has shown that such people will
become victims more easily, and will re-offend more as offenders.
The re-offending is because they are not treated, or diverted.
Tackle mental health issues nationally, and we can cut crime,
and reduce the amount of people suffering from mental health who
will become victims. There are other obvious benefits of a co-ordinated
approach to this problem. However the issue of mental health care
fails spectacularly because of a disjointed approach by numerous
departments. This poor join up of objectives and budgets means
that there is a "disconnect" between departments such
as NHS England, Clinical Commissioning Groups (CCG's), Local Authority
Public Health and Mental Health Teams. The police service, as
an aside, then becomes the "service of last resort".
Police pick up Health Department issues such as people in crisis
in public and private places, people in crisis in custody suites,
and transportation of such people. All of these issues detract
from the police objective of cutting crime.[148]
We consider mental health provision
later in this chapter.
THE IMPACT OF TRANSFORMING REHABILITATION
REFORMS
75. We discuss here some opportunities
and challenges related to partnership working following the probation
reforms, and the possible post-election climate for PCCs. The
Prison Reform Trust, London Councils and the Local Government
Association amongst other respondents expressed concerns that
the national commissioning function applied to the Transforming
Rehabilitation reforms could militate against an effective cross-government
approach and the efficient pooling of resources at local level.[149]
NAPO explained more fully its fears:
Relationships between probation,
police, local authorities, children's services, the NHS and the
third sector have been built up over many years with service level
agreements and information sharing protocols. These arrangements
take time to evolve and the [Transforming Rehabilitation] plans
pose a risk which needs safeguarding against.[150]
76. As we note above, the focus of resources
is predominantly on more serious offenders, who are sentenced
to prisons and probation, and there is a risk that the Transforming
Rehabilitation reforms will further reinforce this. Mr Richard
Monkhouse, Chair of the Magistrates' Association, highlighted
that the concentration of activity to reduce reoffending is on
what he referred to as the 'top end' i.e. the 4% and 25% of offenders
in the magistrates' courts that are sentenced to prison and probation
respectively. He said "
the rest of them, many of whom
have significant problems, are dealt with purely by fine and discharge,
which on its own does very little to change offending behaviour
[...] concentration at the top end has always almost ignored those
who are next year's offenders."[151]
Mr Monkhouse and Clinks foresaw a narrowing of voluntary and community
sector provision at the lower end of the system as a result of
the Transforming Rehabilitation reforms.[152]
77. In recognition of the complexity
and value of local partnerships in reducing crime, in our interim
report we made the following recommendation:
Probation is the lead agency in
a range of local partnerships. In future there will be two probation
services (the new National Probation Service and the contracted
provider) in every locality delivering similar services side by
side and sometimes via one another. Each will have to form working
relationships with other local organisations, bodies and services
for the delivery of the joint or complementary services which
characterise effective local work with offenders. Ministers should
recognise that there is a potential risk that this will lead to
inefficient use of resources, and confuse accountability at local
level. The Government proposes to give new providers accountability
for reducing offending within community safety partnerships by
mandating this in contracts and asking prospective providers for
clarification of how they will preserve and develop existing partnerships:
that is to be welcomed. It is important that Ministers put in
place appropriate safeguards to ensure that new providers in the
private sector appreciate the importance of working with existing
local partnerships to reduce reoffending.[153]
As we note also in that report, the
Ministry has been conscious of the need to integrate new providers
with existing local structures and has published guidance in its
Target Operating Model on how it intends this to be achieved,
both through the use of contractual obligations and monitoring
of engagement.[154]
78. We received further evidence during
the course of this broader inquiry on the potential implications
of bringing in new providers for the stability and effectiveness
of different partnerships. Joanna Spicer explained the
impact from local authorities' perspective: "[Local authorities]
have been commissioning jointly with partners in all sorts of
areas. The trouble is, when partners change their names, and sometimes
the faces at the table, we have occasionally to take a few steps
back and start again."[155]
PCCs will be required to re-align their partnership boundaries
to accommodate the Transforming Rehabilitation reforms which is
creating several contract packages covering multiple criminal
justice areas and hence PCCs' patches; some had begun to do so
in preparation for implementation.[156]
Alison Frater acknowledged that the range of actors that have
a role to play in crime reduction can represent a challenge: "
it
is tricky at the moment, is it not? There are a lot more players
on the pitch in terms of who has the money
but there is a
willingness to work together."[157]
Frances Crook, Director of the Howard League, was concerned that
the promising work of PCCs could be lost because it is embedded
in individuals rather than systems:
It relies entirely on one officialnot
an elected committee, council, or board, but one person. If that
person stands down or is not elected, it will all disappear. The
new person coming in will start all over again with a new plan,
a new system, new structures, so we will have constant flux and
change over the period. That is very destabilising. It also gives
the message to local authorities, health authorities and the police
themselveseverybody else--that we will not put that much
effort into this
because they will be here for only a couple
of years and it will all change.[158]
79. The bulk of Government policy
on the reduction of crime acknowledges that a multi-agency, largely
locally determined, approach is essential to enable local priorities
to be addressed effectively at local level. Nationally-commissioned
rehabilitative services seemed to some of our witnesses to be
out of kilter with the Government's stated commitment to local,
responsive services, and could disrupt the progress that has been
made in developing these.
80. The current situation where all
local agencies are accountable but there is no single statutory
leader risks confusion and abdication of responsibility but seems
broadly to work through the goodwill of all involved. The collective
ownership approach is continuing to develop in strength as police
and crime commissioners find their feet, and local authorities
and health commissioners get to grips with their new priorities.
The new probation providers introduced by the Transforming Rehabilitation
reforms, and the new National Probation Service, need to support
this approach and to avoid undermining it. There is scope
for truly integrated localised approaches, but there is a danger
that their development will be inhibited by the extent to which
national management remains a feature of the criminal justice
system.
81. New providers will need to build
relationships with a complex range of partners. Their priorities
will impact considerably on the work of prison governors, police
and crime commissioners, and local authorities, yet will have
accountability to none of them. We are encouraged that we encountered
a willingness on behalf of police and crime commissioners (PCCs),
local authorities and health commissioners, to work with the new
probation providers to continue to pursue local crime reduction
initiatives. The successful integration of these new players will
be determined by them seeking to ensure there is sufficient flexibility
and funding in their model to enable them to build on the strengths
of local partnerships and seek to further develop them, rather
than simply recognising their existence. This should be a crucial
component of the Ministry's scrutiny of prospective providers.
Progress on key crime reduction
initiatives
82. Our predecessor Committee identified
key points where contact with the criminal justice system should
be used as an opportunity to direct people into appropriate services
or initiatives ensuring greater social justice outcomes that were
unrealised. These included: expanding liaison and diversion schemes
for people with mental health problems and learning disabilities;
greater use of some rehabilitative requirements that could be
attached to a community order, including alcohol treatment and
mental health treatment, which appeared to be under-utilised by
the courts in relation to need; the wider availability of restorative
justice schemes. It also highlighted three groups on which immediate
priority should be placed to achieve swift progress: young adults
aged 18-25; women; and short-sentenced prisoners.
RESTORATIVE JUSTICE
83. Witnesses welcomed the Government's
efforts to integrate better restorative justice into the criminal
justice system.[159]
For example, the Prison Reform Trust referred to the creation
of a legislative framework for restorative justice in the Crime
and Courts Act 2013 as a "significant development".[160]
Although it has received greater prominence, Adam Pemberton, Victim
Support, emphasised the importance of ensuring that whilst victims
should be offered restorative justice in all circumstances, it
works best for victims when it is centred upon them and their
interests are treated equally in the process as those of the offender,
which has not been the case in the past.[161]
ACCESS TO MENTAL HEALTH TREATMENT
84. The absence of mental health support
for the "large proportion" of offenders with mental
health issues that come before the courts is a particular frustration
for the Magistrates' Association: "magistrates often have
no option but to deal with [this group] in the same way as other
offenders. This helps no one."[162]
PCCs Sue Mountstevens and Martyn Underhill, and the President
of the Prison Governors' Association made similar observations
of the police and prisons.[163]
The former said: "If we could find better co-ordination with
the NHS
then that would free up a lot of police time to do
more crime prevention. At the moment, it is estimated that over
20% of their work is involved in working with people that are
mentally ill.[164]
A Crisis Care Concordat has since been agreed to improve the
treatment of people who need immediate mental health support at
times of emergency.[165]
85. Dr O'Moore stated that health is
a key part of any consideration of the coherence of approaches
to crime reduction because it is "part of the problem and
part of the solution."[166]
For example, he felt that the "health potential" of
a person's contact with probation services is "underexploited".[167]
Public Health England is working with NOMS to ensure that probation
services undertake effective health needs assessments, which Dr
O'Moore saw as the start of the journey of ensuring that those
on probation are appropriately referred.[168]
One option that has proven effective is the use of mental health
treatment requirements which allow sentencers to deal with the
situation where individuals have committed offences that do not
require a prison sentence, but who need mental health treatment
as part of their rehabilitation. The Centre for Mental Health
believed that there is unfulfilled potential in the use of such
requirements: just 1% of community sentences include one, despite
estimates that at least 39% of offenders supervised by probation
services have mental health problems. While this might be addressed
partially by the recent introduction of greater flexibility in
their operation, knowledge and confidence about them is low among
sentencers, probation services, and health and social care services.[169]
86. In April 2009, Lord Bradley made
82 recommendations to tackle the over-representation of people
with mental health problems in the criminal justice system in
England, nearly all of which the Government accepted in full or
in principle.[170]
This Committee has repeatedly criticised both the former and the
current Governments for slow progress in implementing them, in
particular in relation to the promised network of liaison and
diversion schemes to identify mental health problems at police
stations and in courts, which was due to be in place by this year.
The Prison Reform Trust (PRT), which has been involved in the
Care not Custody Coalition to promote this, called on us to "satisfy
[ourselves] that the government commitment to establish liaison
and diversion services across England by 2014, funded by the Department
of Health, will be honoured."[171]
The Government has subsequently announced £25m funding to
extend the liaison and diversion trial sites. These services will
be evaluated and if successful, extended to the rest of the country
by 2017. Whilst the PRT welcomes this, they note that this represents
less substantive funding, and a much later deadline, than was
previously promised by the Department of Health.
87. In assuming responsibility for commissioning
offender health in police custody suites and courts the NHS Commissioning
Board will be accountable for adhering to the Government's commitment.
When we asked her why there had been such a delay Dr Alison Frater
explained that there were multiple explanations for the poor capacity
of mental health services to address the needs of those who commit
crime, including lack of understanding about effective models
of care and the necessity of focusing limited resources on crisis
intervention for those with severe and enduring mental illness.[172]
88. It is a paradox that the criminal
justice system continues to be used so often as a gateway to mental
health, drug, or alcohol treatmentwhich must be regarded
as a chronic failure of mainstream treatment servicesand
yet there is evidently much more that could be done to support
those people who are in the system to address health problems
that are associated with their offending. It is not clear to us
quite why such slow progress has been made in building the nationwide
network of liaison and diversion schemes as advocated by Lord
Bradley in 2009. Addressing the funding of mental health services,
the inadequacy of which costs the police, courts, probation, and
prisons and victims of crime greatly, should be an urgent cross-departmental
priority of the Government as part of its national crime action
plan. The Ministry of Justice and Department of Health should
encourage greater and more effective use of mental health treatment
as part of probation orders. Bids to operate Community Rehabilitation
Companies should be evaluated for the extent to which they provide
for access to mental health treatment.
ACCESS TO DRUG AND ALCOHOL MISUSE
TREATMENT
89. Robust evidence points to the significant
role of drug and alcohol treatment in cutting crime, in particular,
acquisitive crimes like shoplifting and other forms of theft.[173]
It is estimated that drug treatment prevented 4.9 million offences
in 2010-11, saving approximately £960 million, against an
annual cost of drug-related crime of £13.9 billion.[174]
Levels of drug use are also falling.[175]
The criminal justice system is a chief gateway for substance-misuse
treatment: a third of all treatment referrals were by this route
in 2011-12.[176] The
Magistrates' Association did not view this in a positive light.
They observed: "[i]t has always been an issue that an offender
who wishes to rid themselves of a substance abuse habit (which
often leads to offending) views the CJS as their best way to a
course of treatment."[177]
90. Drugscope described the Drug Interventions
Programme (DIP) which has been running since 2003, the funding
for which has now been pooled into the community safety fund,
as "the principal policy vehicle bringing together criminal
justice and drug treatment services". Through the programme
offenders were offered treatment and support, delivered in partnership
using integrated teams, from the point of arrest, throughout their
sentence and beyond. Drugscope questioned the likely survival
of such interventions under the new commissioning arrangements,
particularly following the removal of ring-fenced funding for
the DIP. Drug and alcohol services are one of 17 areas of commissioning
responsibility for Directors of Public Health in local authorities
and Police and Crime Commissioners are able to use the community
safety fund, into which DIP funding has been subsumed, as they
wish.
91. We raised this question with the
PCC and local authority representatives that we spoke to. The
PCC for Avon and Somerset, Ms Mountstevens, gave us an example
of pooled commissioning to develop a single service for arrest
referral in Avon and Somerset, through the PCC and local drug
and alcohol action teams.[178]
Councillor Joanna Spicer believed that bringing some responsibility
for mainstream drug and alcohol services into public health would
bring efficiencies.[179]
Dr Alison Frater used the example of integrating substance misuse
workers with mental health liaison and diversion schemes as a
promising joint venture.[180]
92. Improvements have also been made
in prison-based drug services, which have led to a reduction in
drug-related deaths, but these have not translated necessarily
into a reduction in drug-related crime.[181]
NOMS' Surveying Prisoners Crime Reduction Survey (a longitudinal
cohort study of prisoners sentenced in England and Wales to between
one month and four years in 2005 and 2006) was unable to identify
significant associations between drug and alcohol interventions
in prison and reoffending on release. However, Class A drug use
after release from prison was directly linked to increased chances
of re-offending, confirming the need for effective community based
strategies to tackle drug use amongst offenders.[182]
The Department of Health and Ministry of Justice have recognised
this in their aspiration to create "through the gate"
drug and alcohol treatment as part of their Transforming Rehabilitation
agenda.
93. The picture is not quite so rosy
for alcohol treatment. Charity Addaction's Alcohol and Crime Commission,
which recently surveyed serving prisoners, found that 70% admitted
they had been drinking when they committed the crime for which
they were jailed. Despite this, only half of those who made the
admission recognised their drinking as a problem, and only 40%
had been informed about support available to help them on their
release. Professor John Podmore, the Commission's chair, described
alcohol treatment as the 'Cinderella' service to drug treatment
and suggested that alcohol use as an underlying factor in offending
needs to be better understood, and a proper evidence base established,
if existing resources are to be targeted more effectively. He
wished to see alcohol-related crime being placed higher up the
national and local government agenda.[183]
Professor Laycock cited alcohol policy as an area in which the
Government had "totally ignored" research literature
on how to create an environment in which crime related to its
misuse would be less likely.[184]
94. Norman Baker accepted that the problems
of alcohol misuse are underestimated and should be viewed as seriously
as problems with drugs, if not more so, though he noted that alcohol
problems are, for the most part, decreasing.[185]
The Home Office has estimated that the costs of abuse amount to
£21 billion a year, including £11 billion in anti-social
behaviour and £3.5 billion to the health service, whereas
the costs from drugs are about half that. The Government's alcohol
strategy, which relates primarily to controlling the sale and
supply of alcohol, estimates that almost a million (44%) violent
crimes are alcohol-related.[186]
Broader Government initiatives include payment by results pilots
for drug and alcohol dependent offenders, encouraging all hospitals
to share information on alcohol-related injuries with the police,
providing valuable intelligence on policing priorities, and urging
the alcohol industry to take greater responsibility for better
regulating the sale of its products.[187]
The effective use of data in the context of crime reduction activity
is discussed in chapter five.
95. There is much to commend in the
progress that has been made in bringing agencies together in collective
efforts to prevent offending and reoffending, but there remain
substantial fault-lines in the coherence of cross-Government activity,
in particular in relation to mental health and alcohol policy.
The joint work to tackle drug misuse between the various actors
in the criminal justice system and health services is an example
of the savings that can be achieved when a cross-departmental
commitment is made to tackle crime as a public health problem.
Courts and prisons: missing links?
96. According to our witnesses there
are two major elements missing from local partnership approaches
to crime reduction: courts and prisons.
THE ROLE OF COURTS IN CRIME REDUCTION
97. The Magistrates' Association called
for better relationships between their members and others within
the local and national criminal justice system. They observe that
there is no magistrate on the Board of HMCTS, despite the fact
that magistrates are prime users of the courts system.[188]
The Senior Presiding Judge does however sit as an observer on
the National Criminal Justice Board.[189]
Alun Michael was of the view that one of the missing links in
the system for ensuring a coherent approach to crime reduction
is the need to ensure that the courts have a duty to pay full
attention to "what works" in reducing the likelihood
and the seriousness of re-offending.[190]
There is a view that judges have regard to the reduction of crime
through their consideration of the statutory purposes of sentencing
including by deterrence, reform and rehabilitation, protection
of the public, and reparation to those affected. On the other
hand, crime prevention as such is not a direct part of the judges'
function. Penelope Gibbs, who has herself been a magistrate, suggested
that some basic reforms are required, for example, to magistrates'
training. This should cover how people desist from crime and the
effectiveness of sentences. Magistrates should receive more systematic
feedback about their cases.[191]
We discuss the latter point, and the potential for a greater role
for problem-solving courts, later in this chapter.
THE ROLE OF PRISONS IN CRIME REDUCTION
98. Nick Hardwick, Chief Inspector of
Prisons, believed that prisons are a particular example of the
"silo" operation of the various parts of the system:
Inevitably, the agenda for an individual
prison is often constrained by their walls. They do not think
much about what is happening outside the walls that might bring
somebody in who needs addressing and what is happening outside
the walls when somebody leaves. Often, their connections with
the other statutory agencies that might have an impact on the
rehabilitation of the prisoners they are holding are quite limited.[192]
99. The
Government is seeking to address this and other weaknesses through
the creation of resettlement prisons, the idea of which several
our witnesses embraced in principle.[193]
Mr Hardwick welcomed this notion, but exercised caution about
how it could work, in terms of placing people in the establishment
closest to their home, when the system is almost full to capacity.
He considered that if this is not addressed, "there is a
real danger that in the resettlement and rehabilitation services,
which are organised geographically through contracts that governors
will not be able to control, there will be a mismatch between
service provision and where the prisoners who need those services
are."[194] NACRO
was concerned that targeted interventions cannot be left to the
last three months of the sentence because it may not leave enough
time to stabilise the offender to the requisite level and stop
them reoffending on release.[195]
Mr McLennan Murray and Mr Hardwick explained the difficulties
faced by prison governors in not having direct control of the
budgets, rendering them powerless to change things that impact
on the prisoners for which they are responsible.[196]
Similarly, CRCs, paid by their ability to reduce reoffending,
will need to work with education and training providers, commissioned
under contract through BIS, to ensure the learning in prison is
preparing prisoners towards desistance. However these providers
currently have no incentive to consider whether the learning and
curriculum they provide contributes to desistance.[197]
Resettlement prisons offer the potential for well-integrated
connections with outside agencies through Community Rehabilitation
Companies, which would help to achieve an objective we set in
our 2011 report on the probation service. Nevertheless in order
for these reforms to work in practice, insofar as they relate
to prisons, the Government should specify how it plans to tackle
the high level of overcrowding in the prison estate so that prisoners
can be held in the establishment closest to their homes. In a
nutshell, the impact of Transforming Rehabilitation on improving
outcomes will depend crucially on how the changes are implemented
and the relationships between the new and existing structures.
Uncoordinated or poorly thought-through implementation would risk
deterioration in outcomes. For example, it will be important to
clarify how prison governors relate to Community Rehabilitation
Companies, over whose contracts they do not have control.
The impact of spending reductions
on local partnerships
100. The Magistrates Association observed
that reductions in spending, both from the government directly
and through local authorities, were placing locally driven initiatives
which provide valuable support to those likely to offend or reoffend
under enormous pressure. Cuts had also led to a weakening of systems
for co-ordination between different parts of the criminal justice
system.[198]
101. Mr Michael observed that the fiscal
climate had not undermined partnership work in Wales. In his view
quite the opposite had occurred:
I have been around in public service
long enough to have seen previous recessions when organisations
have drawn back to their core services and said, "We can't
afford the luxury of doing things with others." There is
something different, certainly in Wales, on this occasion, wherein
local government, Welsh Government and other servicesinstead,
people are far more saying, "We have to do more together.
There has got to be more collaboration when the going gets tough."[199]
Councillor Kober agreed that partnerships
were being maintained, and in London, being strengthened, in recognition
of the scale of the budget reductions required and in the face
of increases in demand.[200]
Nevertheless, both the Local Government Association and London
Councils point to a longer-term reduction in the resources that
are available to drive down crime. London Councils estimated that
existing cuts, along with further predicted reductions, and an
increase in demand, will create an overall funding gap of up to
24% by 2020. The LGA suggested that the need for austerity creates
a greater incentive to invest in preventative measures in an effort
to reduce demand for services but acknowledges that partners will
not necessarily benefit equally from any resulting reductions
in crime and disorder. Our evidence suggests that local partnerships,
and their component agencies, recognise the mutual advantage of
collective endeavours to reduce crime and are conscious of the
risks of retreating to their own priorities in the face of financial
constraints.
Prison safety and rehabilitative
effectiveness
102. There was less confidence about
the impact of spending cuts on prisons. In relation to safety,
the Chief Inspector of Prisons had some concerns that there were
fewer prison staff in contact with prisoners, and that recent
increases in self-inflicted deaths and assaults were symptomatic
of "a system under real strain"; at this time the prison
system was operating at 10.2% over capacity.[201]
Mr McLennan Murray suggested that the combination of larger prisons
and fewer resources risked prisoners feeling anonymous, which
in turn had a psychological impact that could change the culture
of the prisons, and make them inherently more risky.[202]
103. The potential impact on rehabilitative
outcomes was also raised. The Prisons Inspectorate drew the following
conclusions in relation to levels of purposeful activity in the
establishments they visited in 2012-13: activity outcomes were
poor and falling; too many prisoners spent too long locked in
their cells, and evening association was increasingly curtailed';
there were too few activity places, and low take-up of what was
available, often disrupted by poor attendance and punctuality,
prison routines and other activities.[203]
The Prisoner Learning Alliance's discussions with prison governors
led them to conclude that budget cuts were making it harder to
achieve rehabilitation outcomes in custody. They observed: "although
the MoJ may be making initial savings in the prison estate, if
this makes it harder to achieve rehabilitation and desistance
outcomes, then the predicted savings as a result of reduced reoffending
will not be achieved.[204]
The Alliance also noted the rapidity of policy change in prisons
whilst cumulative cost savings are being made, drawing our attention
to the introduction of new Offender Learning and Skills contracts
which are still bedding in, closely followed by announcements
of the creation of resettlement prisons, Community Rehabilitation
Companies, and secure colleges. It was Martyn Underhill's perception
that decisions about the designation of resettlement prisons and
the prison closures programme were disconnected from each other.[205]
104. A recent joint Inspectorate report
about the quality of offender management of prisoners found that
there are too few structured programmes available within prisons
designed to challenge offending behaviour and promote rehabilitation.
Some prisons offered a reasonable range of accredited and non-accredited
programmes for their population; others offered no programmes
at or were in the process of running down their provision. According
to the Inspectorates, the lack of programmes was not sufficiently
compensated for by prisoners being transferred to prisons where
such programmes could be accessed.[206]
Mr Wright submitted that it was not possible to generalise in
terms of the impact of savings in the prison estate on access
to offender behaviour programme and too soon for any impact to
have been made on reoffending rates, but acknowledged that there
was a particular issue with serious assaults on staff.[207]
Nonetheless, he said "I do not believe that anything is being
done, in terms of any economic rationalisation, which is putting
at risk the rehabilitation of prisoners, much less public safety."[208]
We plan to consider these matters more fully in our new inquiry
on Prisons: planning and policies.
105. When resources are scarce, it
does not make sense to over-use the prison system without providing
effective rehabilitation, because the result is likely to be higher
re-offending. A prison system which effectively rehabilitates
a smaller number of offenders, while other offenders are rehabilitated
through robust community sentences, has the potential to bring
about a bigger reduction in crime.
Innovation in courts: a casualty
of the cuts?
106. The Magistrates' Association suggested
that decision-making in relation to court efficiencies had been
similarly disjointed. They said: "In one breath a comprehensive
review of the court estate is being announced in order to develop
a planned approach to the provision of justice (and not before
time). Days later a consultation is launched to close another
eighty courts in the interests of saving money." [209]
107. The Centre for Court Innovation
was of the view that the Government's court reform programme had
been geared toward court efficiency rather than recognising the
contribution that courts could make to reducing crime more effectively,
for example, through the adoption of procedural justice and problem-solving
approaches.[210] The
extension of community courts was a priority for the previous
Government, which had established pilots of specialist drug courts,
mental health courts and domestic violence courts, and planned
to extend problem-solving approaches to all magistrates' courts.[211]
We saw examples of these in operation at the Star Court in Houston,
Texas and Stockport Magistrates' Court, Greater Manchester.
Success through addiction recovery (Star) Court, Houston, Texas
Drug users, known as clients, spend between one and two years on the programme, which is followed by a period of after-care. The court contracts directly with inpatient and outpatient treatment providers and transitional housing providers enabling clients to access secure accommodation for 60-90 days. Clients are also obliged to comply with other directions made by the judge at each weekly hearing. Clients are subject to random drug testing at least twice a week. Members observed the "staffing" meeting during which decisions were made about the approach that would be taken with respect to each client when the court is in session based on intelligence from treatment providers about developments over the previous week. Each client is then called before the judge, in the presence of all the other clients, and discusses their progress or otherwise. Clients can request a hearing if they disagree with the judge's decision. Consistency across the four drug courts is important as attendees of all courts are in treatment together. The central co-ordinator has oversight of all cases. Additionally sanctions, which are applied for various issues including missing treatment, negative tests, and lack of compliance with housing provider rules, are taken from a grid, including 8 hours community service for example. Positive reinforcement for good progress includes monthly sobriety chips and a weekly "shining star" award. The programme has a very low reoffending rate (less than 8% three years after completion).
Stockport Problem-Solving Court
In 2010 the Clerk to the Justices' steering group discussed the possibility of a problem-solving court in Greater Manchester and visited Sefton Magistrates Court in Merseyside court (which had different criteria and framework to the court that was subsequently established in Stockport). Problem-solving courts fit into Greater Manchester's demand management agenda as they take a preventative partnership approach to managing offenders sentenced in the court (and their victims), rather than focusing on crisis management. Sentence planning meetings are attended by all relevant agencies, chaired by probation. Cases are diverted to the court at pre-sentence stage if plead guilty, or found guilty and magistrates identify multiple or complex needs, for example, homelessness, mental health, drugs and/or alcohol misuse. The Court has a dedicated Bench and dedicated legal advisers. There is a focus on continuity of the Bench for each case, including following breach. Cases are sentenced within mainstream sentencing provisions, which can include custodial sentences. The offender is tracked through the sentence by both the probation officer and the sentencing bench; the latter provide 5-weekly reviews. Partners include employment, housing, DWP and social services.
The post-pilot evaluation, which is currently in its second year, identified a cost of £63,000 to the community safety partnership, GMPT and other partners and calculated a £3.49 return for each £1 spent. It was estimated that £219,000 were accrued in savings to the prison service over 13 months for those cases that met the threshold for a custodial sentenced. There were also savings to health services: for example, 47 of those offenders sentenced in the court had attempted suicide in the year before, and only 1 did so after. Despite the fact that the sentencer reviews are voluntary, unless there is a drug treatment requirement, there is a compliance rate of 78%. The court has been mainstreamed since 2012 and the approach is now being rolled-out across Greater Manchester.
|
108. The Centre for Justice Innovation
and Criminal Justice Alliance pointed to a growing evidence base
about the value of problem-solving courts, particularly from the
US.[212] This does
not appear to have amounted to anything in England and Wales,
despite the success of some of the pilots and the support of magistrates.[213]
The Magistrates' Association attributed this to funding. Mr Monkhouse
explained that this is the case even in drug treatment cases where
the principle is long-established: "[Drug case reviews] are
not used as much as they used to be. It is an efficiency problem.
"Is this going to mean another hearing? Is this going to
mean another sitting? Well, let's not do it, because it is going
to cost money." Justice is more important than that. Again,
you have to strike that balance between economy and justice."[214]
Penelope Gibbs concluded that the centralisation of the administration
of magistrates' courts had hampered court innovation:
"
innovation can happen
if organised centrally, but the evidence from centralisation of
the court system is that it has not fostered innovation. In fact,
the innovative things that have happened have mainly been closed
down by the centre. Maybe the problem with them was that they
started in the centre in the first place rather than being an
idea that came up from the bottom [
] it would be easier
to get innovation if people did not have to go through a huge
hierarchy if they have an idea at the bottom. The evidence from
the staff survey of HMCTS is that people don't think it is very
easy to get new ideas through."[215]
109. Phillip Bowen, Director of the
Centre for Justice Innovation, which was set up in the UK by the
US Centre for Court Innovation, believed that these approaches
could be adopted relatively simply, and within existing resources.
For example, the use of systematic sentencer reviews, whichin
addition to improving the effectiveness of individual sentences
due to the greater responsibilities placed on the offender to
progress and the sentencers direct oversight of thiscan
help sentencers to recognise gaps in service provision.[216]
In the US, this has enabled them to become proponents of system
reform; indeed some problem-solving courts grew out of a desire
on the part of the judiciary to do just that.[217]
In England and Wales, despite support for this in principle, the
thorny question of how far the judiciary can, within the confines
of its independence, work with executive agencies in the interests
of crime reduction, appears to have thwarted the widespread adoption
of such efforts.[218]
110. At a recent public "Conversation
with the Lord Chief Justice" event, the Lord Chief Justice,
Lord Thomas of Cwmgiedd, was asked about his views on judge-led
initiatives like problem-solving courts. His response did not
appear to preclude such activity. He said that he was keen to
encourage new initiatives provided this did not result in there
being localised differences in the system of justice. If this
were to happen he wished there to be "complete agreement
on it being taken forward by those who (a) hold the purse strings
and, b) who are going to be providing information to the court
and c) those who are going to be carrying out what the court does.
A judge acting on his own will really get nowhere, but he can
play an important part in leadership."[219]
Nevertheless, Jeremy Wright confirmed that while the Government
had not closed the door on the idea, it had no current plans to
give sentencers the powers to review cases, explaining that recent
changes to the sentencing framework gave greater flexibility to
the delivery of sentences, and that he was not convinced that
these reviews had any meaningful purpose.[220]
111. Another means of applying a problem-solving
approach more widely, which would also address the Magistrates'
Association's observations about the balance of priorities, would
be the extension of neighbourhood justice panels, volunteer-led
community resolution panels that hear low level crime and anti-social
behaviour cases.[221]
The Centre for Justice Innovation said:
This panel, and other approaches
like it, offer a glimpse of how our court system could combine
swiftness with procedural fairness by finding a way to resolve
issues before they need to escalate to court which is not as perfunctory
as the dispensation of out of court disposals by the police.[222]
Mr Bowen explained that while the panels
have high rates of satisfaction for victims, they hear only a
relatively small volume of cases, in relation to the numbers receiving
fines and discharges in magistrates' courts to which they could
be an alternative. Jeremy Wright indicated that there were plans
to give magistrates responsibility for monitoring youth diversionary
programmes.[223] The
absence of court representation on local community safety partnerships
(in part because of sensitivities about judicial independence)
and the centralisation of the courts service, have together resulted
in a situation where there are few champions for court innovation
at local level. HMCTS has prioritised efficiency savings, seeing
courts as purely instrumental institutions involved solely in
processing and resolving cases. As a result an opportunity has
been missed for encouraging greater innovation, which could have
the potential to make broader systemic savings by improving the
effectiveness of the whole criminal justice system to reduce crime.
If as our evidence suggests, efficiency savings have shelved
the wider adoption of problem-solving approaches in courts, this
is greatly to be regretted. However, there is much that can be
achieved within the confines of the existing sentencing framework
which need not require additional resources. We consider that
the judiciary and HM Courts and Tribunals Service should see crime
reduction as an intrinsic part of their role.
The evidence-base for crime reduction
policy-making
112. As resources are increasingly devolved
to local decision-makers, the Government has an important role
in encouraging and publicising best practice. Some initiatives
are piloted carefully to develop a robust business case, while
others are implemented before completion and robust evaluation,
the delays in implementing mental health liaison and diversion
schemes and the early decision regarding the direction of the
Transforming Rehabilitation reforms being prime examples.
THE RELATIONSHIP BETWEEN RESEARCH
AND POLICY-MAKING
113. We took evidence from a number
of eminent academics about the relationship between academia and
Government in relation to the development of crime reduction policy.
Professor Gloria Laycock explained: "research is only one
of umpteen things that influence policy. I don't blame the Prime
Minister for wanting to be re-elected for example. That is what
politicians seem to want. It is perfectly rational. I don't say
it critically, but research, precedent, cost, politics, the mediaall
those thingsinfluence policy."[224]
She further observed that every time there is a change of Government
there seems to be a change of criminal justice policy, unlike
a matter like terrorism, on which there is more consistent policy
across administrations.[225]
114. All these witnesses wished to see
research higher on the Government agenda, but acknowledged that
just as Ministers and civil servants need to engage better with
researchers, academics have a role to play in presenting their
research more clearly and accessibly.[226]
The latter is also complicated by the multiplicity of approaches
that could contribute to more enlightened crime reduction policy-making.
Professor McDougall said:
[Academics] really need to make
it clearer where we are coming from, because we have sociological
approaches, economic approaches, psychological approaches, and
longitudinal approaches. They all go together, but the way they
are communicated, it sounds as if they don't. We have lots of
ideas and good theories but that is not the same as research evidence.[227]
There was some disagreement among our
academic witnesses about the meaning of academic rigour, reflecting
divisions in the wider academic criminology community. There was
greater accord on the need for better funding by the Government
of primary research. Professor McDougall was positive about the
research that NOMS had conducted, but considered it limited in
scope, and concluded that new policies were being implemented
all the time and were not evaluated. We received evidence of two
areas of research in particular that should have a greater bearing
on approaches to reducing crime: procedural justice and trust
which suggests that the way people are treated by the system is
as important as the outcome, and the processes by which people
desist from crime. [228]
Jeremy Wright believed that there were good links between Government
and the academic community, though this was not necessarily through
MoJ or Home Office funded research.[229]
115. An open information culture will
be important in the development of payment by results. The Criminal
Justice Alliance argued that "[d]ata must be openly available,
and not retained by individual providers, and research and assessment
on what works must also be openly available to allow providers
to learn from each other."[230]
This is all the more crucial as the monitoring expectations required
of new providers to provide evidence of their outcomes should
provide a wealth of data to inform the collective understanding
of effective practice in reducing reoffending. The Ministry
needs to make clear how the Transforming Rehabilitation reforms
will be evaluated, and how the evidence of success or failure
of differing approaches will be used to inform policy.
116. In this context, some witnesses
suggested that our predecessor Committee's proposals for an independent
equivalent to the National Institute for Health and Care Excellence
for criminal justice should be re-examined. Professor McDougall
proposed that this would have the benefit that decisions about
the evidence base are taken unbiased by political opinion, but
believed that this prospect was a "long way off". She
argued rather that research in criminal justice is a "disposable
commodity".[231]
Professor Jonathan Shepherd, Cardiff University, felt that there
was insufficient integration between academic research and criminal
justice services and practitioners. He cited the greater integration
of practitioners and academics in fields such as medicine as an
example that could be followed in criminal justice.[232]
WASHINGTON STATE INSTITUTE FOR PUBLIC
POLICY
117. One example of what could be achieved
if such an approach were taken is another promising US initiative
cited in our predecessor Committee's report: Washington State
Institute for Public Policy's work with the State Legislature
to identify on the basis of cost-benefit analyses, how best to
invest money to save crime.[233]
There has since been a decline in both crime and imprisonment.[234]
The Youth Justice Board is now seeking to adopt such an approach:
Dartington Social Research Unit has been contracted to work with
the Institute to assess the costs and benefits of youth justice
programmes and apply to them to the direction of youth justice
spending.[235] Professor
Farrington advocated wider adoption of such an approach to carefully
calculate the costs and benefits of all sorts of different ways
of reducing crime, and to "make recommendations about where
to get the best bang for the buck."[236]
None of the various developments in improving the relationship
between evidence and practice described in chapter three fulfil
this function. The What Works Centre for Crime Reduction, as promising
as it sounds, is currently centred predominantly on policing.
The Probation Institute is in its infancy, and has a focus on
probation practice.
118. We agree with our witnesses
that there should be an independent and authoritative body to
evaluate evidence on the effectiveness of crime reduction policies.
Ultimate decisions on those policies would of course rest with
elected politicians. Whilst there have been some positive developments,
including the creation of the What Works Centre for Policing and
the Probation Institute, we do not have the right structures in
place to provide a collective memory of research evidence, its
relative weight, and its implications for policy-making, including
the capacity to make decisions about the best direction of resources.
The Government should also consider how it can promote better
integration between criminal justice practitioners and academic
research. The large scale reforms to rehabilitative services provide
an opportunity to collate and spread knowledge about effective
practice in reducing re-offending that must be capitalised on
by the Government. This will require clear ownership of the data,
consistency in monitoring systems, and robust evaluation, matters
on which the Department has been quiet. We expect the Ministry
to explain how it will seek to achieve this in its response.
The potential of technology in
targeting crime reduction activity
119. The Cutting Crime report
highlighted the potential of taking a more epidemiological approach
to the reduction of crime, both at national and local level.[237]
Witnesses agreed that this continued to be the case, and that
limited progress had been made, despite the plethora of information
now recorded electronically by various agencies, and the potential
of technology to join that up and make it more accessible. Several
examples illustrates the difficulties experienced by our witnesses.
The LGA cited the length of time it has taken to implement the
Government's commitment to the sharing of data from accident and
emergency departments for the purposes of reducing alcohol-related
violencewhich was advocated by our predecessoras
an example of the difficulties faced in cross-departmental co-ordination
of cross-cutting issues.[238]
A recent audit found that only one third of A&E departments
had shared this information.[239]
Dr Eamonn O'Moore explained that Public Health England now has
a wealth of data, for example, about those accessing drug services,
and violence indicators, to enable local authorities and clinical
commissioning groups to better understand the needs of their local
population. Dr Alison Frater had been frustrated in efforts to
share information by data protection obligations, for example,
it has only recently become possible to track people accessing
NHS services on the prison estate, post-release.[240]
Similarly, London Councils found that lack of access to personalised
data undermined their ability to judge the effectiveness of locally
delivered crime reduction projects and raised concerns that structural
changes within the Metropolitan police service, may jeopardise
the ability of local authorities to intelligently direct resources
in the future.[241]
120. Martyn Underhill saw potential
in cloud-based software being used by all agencies in relation
to the management of risk and harm.[242]
Unilink expounded various means of utilising biometric technology
in developing efficiencies in the prison system and through-the-gate
case management.[243]
On the other hand, Big Brother Watch, a civil liberties and privacy
campaign group, urged attention to be given to protecting privacy
in the use of personal data gathered through digital surveillance,
for example CCTV.[244]
The Government does not appear to have taken a data-driven
approach to the cost-effective application of resources in the
face of the requirement to make cost savings. Knowledge of levels
of victimisation and repeat victimisation amongst certain geographical
areas, communities or sectors of the population does not adequately
inform policy on crime reduction.
97 National Audit Office, The criminal justice system:
landscape review, HC 1098, March 2014 Back
98
See for example PPC0017; Q59 [Ms Bourne]; Q414 [Ms Crook]; , Back
99
Local Government Association (PPC0011) Back
100
The Howard League for Penal Reform (PPC0016) Back
101
Nacro (PPC0038) Back
102
Martyn Underhill (PPC0023) Back
103
Magistrates' Association (PPC0017) Back
104
HM Government The Coalition Agreement: our programme for government,
p.11 Back
105
Magistrates' Association (PPC0017) Back
106
London Councils (PPC0005) Back
107
Justice Committee, Second Report of Session 2013-14, Women
offenders: after the Corston Report, HC 92 Back
108
Local Government Association (PPC0011). See also Q454 [Mr Bowen] Back
109
Local Government Association (PPC0011) Back
110
Qq82, 88 Back
111
Q515 Back
112
ibid Back
113
Q515 [Mr Baker] Back
114
National Audit Office, The criminal justice system: landscape
review, HC 1098, March 2014, p.14. This figure relates mainly
to programmes provided by youth offending teams. Back
115
Public Accounts Committee, Fifty-first Report of Session 2013-14,
Programmes to help families facing multiple challenges, HC
668, Back
116
See for example Q68 [Ms Bourne], Q85 [Councillor Spicer]; PPC0023
[Mr Underhill] Back
117
Martyn Underhill (PPC0023) Back
118
Barnardo's children of prisoners campaign launched at Westminster
event, 30 May 2014 Back
119
Family Nurse Partnership programme to be extended, 4 April
2013, Department of Health; Q415 [Mr Day] Back
120
Centre for Mental Health (PPC0018) Back
121
Q382 Back
122
See para 67. Back
123
Qq502-503 Back
124
Membership of the Board includes: Damian Green, Minister for CJS
and Policing (Chair); Helen Grant, Minister for Courts and Victims;
Oliver Heald, Solicitor General; Baroness Doocey; Baroness Newlove,
Commissioner for Victims and Witnesses; Winston Roddick Qc PCC
for North Wales; Frances Done, Youth Justice Board; Alex Marshall,
College of Policing; Peter Lewis, Crown Prosecution Service; Peter
Handcock, HM Courts & Tribunals Service; Mark Castles, Association
of Police & Crime Commissioners; Helen Edwards, Justice Policy
Group, MoJ; Stephen Rimmer Crime & Policing Group, Home Office;
Kevin McGinty, Attorney General's Office; Jim Barker-McCardle,
ACPO CJS Lead; Matthew Coats, Legal Services Commission; Michael
Spurr, National Offender Management Service; Keith Bristow, National
Crime Agency and the following member of the judiciary sits on
the Board as an observer Lord Justice Gross, Senior Presiding
Judge & Chair of the Criminal Justice Council Back
125
Q81 Back
126
Q83 Back
127
Q82 Back
128
Local Government Association (PPC0011) Back
129
Q417 Back
130
Q500 Back
131
Qq58-59 Back
132
Q68 [Ms Bourne], Q69 [Mr Michael]; Back
133
Qq63-66 Back
134
Q63 [Ms Bourne] Back
135
Qq63, 78 [Ms Bourne]; Q66 [Ms Mountstevens; Mr Michael]; (PPC0023)
[Mr Underhill]; Police and Crime Commissioner for South Wales
(PPC0030) Back
136
Q87 [Councillor Kober; Councillor Spicer]; Q422 [Mr Allen]; Q423
[Ms Crook]; Centre for Justice Innovation (PPC0010)
Back
137
Q422 Back
138
Q87 Back
139
DrugScope (PPC0012); Martyn Underhill (PPC0023) Back
140
Q 94 [Councillor Spicer] Back
141
Probation Chiefs Association (PPC0007); DrugScope (PPC0012) Back
142
Qq84, 106 [Ms Frater] Back
143
Rob Allen (PPC0020) Back
144
Q454 [Mr Bowen] Back
145
Qq 58-66 Back
146
Q58 Back
147
Q62 Back
148
Martyn Underhill (PPC0023) Back
149
Prison Reform Trust (PPC0013); Local Government Association (PPC0011) Back
150
Napo (PPC0031) Back
151
Qq450-460 Back
152
Q7; Clinks (PPC0027) Back
153
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 50 Back
154
Ministry of Justice, Target Operating Model: Rehabilitation
Programme, September 2013 Back
155
Q104 Back
156
Q77 [Ms Mountstevens; Ms Bourne] Back
157
Q 102 Back
158
Q423 Back
159
Q454 [Mr Bowen]; Criminal Justice Alliance (PPC0006); Prison Reform
Trust (PPC0013); Howard League for Penal Reform (PPC0016) Back
160
Prison Reform Trust (PPC0013) Back
161
Q462 Back
162
Magistrates' Association (PPC0017) Back
163
Q400 [Mr McLennan-Murray] Back
164
Q71 Back
165
HM Government, Mental Health Crisis Care Concordat-Improving
outcomes for people experiencing mental health crisis, 18
February 2014, Back
166
Q82 Back
167
Q107 Back
168
Ibid. Back
169
Centre for Mental Health (PPC0018) Back
170
Lord Bradley's review of people with mental health problems or
learning disabilities in the criminal justice system, April 2009 Back
171
Prison Reform Trust (PPC0013) Back
172
Q108 Back
173
DrugScope (PPC0012) Back
174
Q112 [Dr O'Moore] Back
175
Health and Social Care Information Centre, Statistics on Drug
Misuse: England 2013, 28 November 2013 Back
176
Q105 [Dr O'Moore] Back
177
Magistrates' Association (PPC0017) Back
178
Police and Crime Commissioner for Avon and Somerset (PPC0019)
Back
179
Q104 Back
180
Q106 Back
181
Ibid. Back
182
Ministry of Justice, The factors associated with proven re-offending
following release from prison: findings from Waves 1 to 3 of SPCR
Results from the Surveying Prisoner Crime Reduction (SPCR) longitudinal
cohort study of prisoners), February 2014 Back
183
Addaction, Alcohol and Crime Commission report, p.6 Back
184
Q281 Back
185
Qq510-513 Back
186
The Government's alcohol strategy, March 2012, Cm 8336.
See also Q511 Back
187
Ibid, p.15. See also Q511 Back
188
Magistrates' Association (PPC0017) Back
189
Q503 [Mr Wright] Back
190
Police and Crime Commissioner for South Wales (PPC0030) Back
191
Q464 Back
192
Q380 Back
193
Rob Allen (PPC0020); Professor Shepherd (PPC0037) Back
194
Q398 Back
195
Professor Shepherd (PPC0037) Back
196
Qq406-407 [Mr Hardwick, Mr McLennan-Murray] Back
197
Prisoners Education Trust (PPC0029) Back
198
Q467 Back
199
Q72. See also Police and Crime Commissioner for South Wales (PPC0030). Back
200
Q96. Ibid. Back
201
Q392 Back
202
Q395 Back
203
HM Chief Inspector of Prisons for England and Wales, Annual
Report 2012-2013,HC 682 , 23 October 2013 Back
204
Established by Prisoners' Education Trust in November 2012 to
bring together diverse non-statutory stakeholders with senior
cross-departmental officials, to "provide expertise and strategic
vision to inform future priorities, policies and practices relating
to prison education, learning and skills." Prisoners Education
Trust (PPC0029) Back
205
Martyn Underhill (PPC0023) Back
206
See also Rob Allen (PPC0020) Back
207
Q527 Back
208
Q527 Back
209
Magistrates' Association (PPC0017) Back
210
Centre for Justice Innovation (PPC0010) Back
211
Justice Committee, First Report of Session 2009-10, Cutting
crime: the case for justice reinvestment, HC 94-I,
para 440 Back
212
Centre for Justice Innovation (PPC0010) Back
213
Qq481-483 Back
214
Qq463, 481 Back
215
Q471. See also Penelope Gibbs, Managing magistrates' courts
- has central control reduced local accountability?, May 2013 Back
216
Qq456-7, 464 Back
217
Qq469, 473 Back
218
Qq465, 468-469 Back
219
Better Courts: The Lord Chief Justice, in conversation, 2
January 2014 Back
220
Q536 Back
221
In these panels, offenders and victims get a chance to explain
their views on the incident, using restorative justice conferencing.
The community, represented by a panel, asks the respondents to
develop a way to resolve the case satisfactorily, brokered between
the two sides. Back
222
Centre for Justice Innovation (PPC0010). See also Q476 Back
223
Rt Hon Damian Green MP speech to Policy Exchange, Modernising
the Magistracy, 24 March 2014. See also Q536. Back
224
Q281 Back
225
Q291 Back
226
Qq281, 287 [Professor Laycock]; Q284 [Professor McDougall]; Q285
[Professor Farrall]; Q293 [Professor Farrington]. See also Professor
Shepherd (PPC0037) Back
227
Q285 Back
228
Professor Mike Hough and Colleagues (PPC0001); Criminal Justice
Alliance (PPC0006); Centre for Justice Innovation (PPC0010); The
Howard League for Penal Reform (PPC0016); Professor Farrall (PPC0036);
See Hough, M. Bradford, B,Jackson, J. and Roberts, J.V. (2013)
Attitudes to sentencing and trust in justice: exploring trends
from the crime survey for England and Wales. Ministry of Justice
Analytical Series. London, UK: Ministry of Justice. Back
229
Q517 Back
230
Criminal Justice Alliance (PPC0006) Back
231
Qq284, 291 Back
232
Professor Shepherd (PPC0037) Back
233
Aos, S. & Drake, E. (2013). Prison, police, and programs:
Evidence-based options that reduce crime and save money (Doc.
No. 13-11-1901). Olympia: Washington State Institute for Public
Policy. Back
234
Q283 [Professor Farrington] Back
235
Ibid. Back
236
Ibid. Back
237
Justice Committee, First Report of Session 2009-10, Cutting
crime: the case for justice reinvestment, HC 94-I, paras 187-188,
268 Back
238
Local Government Association (PPC0011) Back
239
Ibid. See also Violent crime in England and Wales falls
again, A&E data shows, BBC News, accessed 16 July 14 Back
240
Q103 Back
241
London Councils (PPC0005) Back
242
Martyn Underhill (PPC0023) Back
243
Unilink Software Ltd (PPC0004) Back
244
Big Brother Watch (PPC0015) Back
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