A five year strategy for protecting the public and reducing re-offending

A Five Year Strategy forProtecting the Public andReducing Re-offending

A Five Year Strategy for Protecting the Publicand Reducing Re-offending

Presented to Parliament by

the Secretary of State for the Home Department,

by Command of Her Majesty

February 2006

Cm 6717 London: The Stationery Office £9.50

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Contents

Foreword: David Blunkett Charlie Falconer Peter Goldsmith 7

Foreword by the Home Secretary 5

Executive Summary 7

Protecting the public 7

Punishment, Reparation and Rehabilitation 7

Managing offenders better to stop them re-offending 8

A vibrant system that values its staff 8

Chapter 1: Introduction 9

The context 9

Chapter 2: Protecting the public 11

Who should be in prison, and why? 11

Assessing offenders for risk 11

Keeping the most dangerous offenders in prison for longer 12

Life sentences 12

High security prisons and more specialist provision, including forprisoners with serious mental health problems 12

Safer decisions about parole 13

Protecting the public from high risk offenders in the community 13

Monitoring serious offenders 14

Chapter 3: Punishment, Reparation and Rehabilitation 17

Quicker, simpler, fairer punishments for the most minor offences 18

Fines 18

Making amends to the victim of the crime 19

Tough community sentences 19

Community Payback – unpaid work for the community 19

Persistent offenders 21

Custody Plus 21

Prison for serious offenders 22

More honest sentencing 22

Doing more to make sure the right people get the right sentences 22

Remand 24

Black and Minority Ethnic Offenders 24

Young Offenders 24

Women 24

Foreign Nationals 25

Prisoners with mental health problems 26

Chapter 4: Managing offenders better to stop them re-offending 27

End-to-end offender management 27

Earlier and better assessment and intervention 27

‘Going straight’ contracts 28

Better partnerships to stop re-offending 28

Health 28

Education, Skills and Employment 29

Accommodation, finance and benefits 29

Social and family links 29

Different prisons for different offenders – with new Community Prisons 30

Chapter 5: A vibrant system that values its staff 31

A vibrant mixed economy of providers 31

Restructuring probation to reduce re-offending 32

Leadership 32

Supporting our staff 32

Assessing the impact of our strategy 33

Chapter 6: Timetable for change 35

Annex A: Summary of the Victims Green Paper 37

Annex B: The Criminal Justice Act 2003 39

Protecting the Public from Dangerous Offenders – New Public Protection Sentences 39

5A FIVE YEAR STRATEGY FOR PROTECTING THE PUBLIC AND REDUCING RE-OFFENDING 5

Foreword

Charles Clarke

The way we deal with those who break the lawis fundamental to the health of our society.

Making sure that those who commit crime arepunished helps to build a fair society whichprotects and rewards the law-abiding citizen.It also allows us to live in a society based on the rule of law, where other forms of revenge or retribution are outlawed and unnecessary,and it complements our efforts to prevent crimein the first place.

Keeping the public safe is the first duty of theCriminal Justice System. We must do all we can to protect the public from serious, violentand dangerous offenders. This means usingprison better, reserving it for more seriousoffenders but keeping the most dangerous inprison for longer.

But although punishment and imprisonment are necessary to protect the public and servejustice, we must do more. As well as needingoffenders to be punished, a healthy and safesociety needs them to be given everyopportunity to reform – to get back onto thestraight and narrow and become constructivecontributors to the good of society as a whole.This is not just because it is morally right toenable people to change their lives for the betterand overcome their failures and mistakes. It isalso a practical recognition that more than halfof all crime is currently committed by people whohave been through the system and have not yetchanged their behaviour. Reducing re-offendingwill cut crime and make Britain safer.

This strategy sets out how we will reshape oursystem to make sure that time in the criminaljustice system is as effective as it can be inturning lives around and stopping peopleoffending again, rather than serving as a briefinterlude in a criminal career. It explains how wewill protect the public and punish offenders, butat the same time tackle the linked factors thatmake them more likely to commit crime again.That necessarily involves ever closer jointworking with a wide range of partners beyondthe criminal justice system.

At the heart of this will be much closer links withcommunities. We have developed a vision forcommunity prisons, as well as for more schemesto build on Community Payback, where localpeople have a say in what offenders will do togive something back to society to make goodthe harm they have done.

Taken together, this strategy will transform theway we punish and manage offenders, reducere-offending, and cut crime. It will support thelaw-abiding citizen and the rule of law, and makeour society stronger and safer for everyone.

Charles ClarkeHOME SECRETARY


Crime is going down, and at the same time weare succeeding in catching more criminals. Butmore than half of all crime is committed by peoplewho have been through the criminal justicesystem before. We need our prison and probationsystem to work far better – and with a widerrange of partners – to cut re-offending, givingmore offenders the help they need to go straight.

Protecting the public

We must keep the public safe from violent anddangerous people. We need to make sure thatwe are keeping the right people in prison, andthat dangerous people are imprisoned for aslong as necessary; that we are protecting thepublic effectively; and that our prisons are fitfor purpose.

ACTION:

● New indeterminate sentence for public

protection, which means that seriouslydangerous offenders will not be released untilthe Parole Board assess that it is safe to doso. In some cases, this may be never.

● Keeping up our excellent record on escapes

from high-security prisons (with no escapes

of Category A prisoners since 1996); andsetting up more specialist units to deal withproblem groups.

● Better parole decisions, with the ParoleBoard putting the safety of the public first;and every released lifer living under the

threat of recall to prison.

● Continuous improvement in the way offendersare supervised in the community, with bettermanagement of risk and offender managers

working jointly with police, the Prison Serviceand others to supervise dangerous offenders.

Punishment, Reparation

and Rehabilitation

It is important that offenders are properlypunished for their crimes. But sending peopleto prison is not the only way of punishing them.Community sentences are tough, and gettingtougher, and can be more successful at helpingoffenders stop offending again, which meansfewer crimes, and fewer victims. Some veryminor offenders can also be punished swiftly,fairly and effectively without going to court.

ACTION:

● Faster and fairer justice for minor offences,including extending the use of conditional

cautions. Conditions can include payingcompensation or making another kind ofdirect reparation to the victim of the crime.

● Day fines, which vary according to ability topay – so that fines will be as tough for a richoffender as for a poorer one.

● Replacing all existing community penaltieswith a single Community Order, with a mixof up to twelve different requirements.

● Putting unpaid work at the heart of communitysentences – rising from 5 million hours in2003 to approaching 10 million by 2011.

● All unpaid work branded as Community

Payback putting focus on the fact thatoffenders have to make amends to society for the wrong they have done, giving local

Executive Summary

8 EXECUTIVE SUMMARY

councils and communities a say in whatoffenders do, and making it much more visible.

● New sentences which combine prison

with community punishment and

supervision afterwards, working betterto stop people offending again.

● Better advice and local information forjudges and magistrates about what works,to assist in the sentencing process.

Managing offenders better to stop

them re-offending

Whether offenders are in prison or in thecommunity, we need to manage them better tostop them re-offending. We need to offer themthe chance to change, and address the multipleproblems that many of the most persistentoffenders face. This is the central aim of ourstrategy, because it is key to reducing crime.

ACTION:

● A named offender manager for everyoffender, who will be responsible for makingsure that they are both punished andrehabilitated properly; and who will getinvolved as early as possible in managing the offender.

● Bringing prison and probation together underthe National Offender Management Service

to make the system seamless.

● ‘Going Straight’ contracts – a compactbetween the offender and the offendermanager, with clear and meaningfulincentives and sanctions, so that offenderscommitted to changing get rewarded.

● New strategy for adult prisons, in the Spring,explaining our vision for Community Prisons.

To tackle re-offending we are building strongpartnerships across Government and beyond to address the many linked problems thatcontribute to offending, and in particular health

(including drugs and alcohol), education

and employment, housing, finance and

social and family links.

A vibrant system which

values its staff

As we put more focus on the individual offender– looking at the risk they pose, and at thesupport and challenge they need to stop re-offending – we need to make sure that the wayour system is designed helps us bring in thebest possible people and organisations tosupport every offender. We want to harness thedynamism and talents of a broader range ofinnovative and effective providers from the public,private and voluntary and community sectors.

ACTION:

● A system built on commissioning so thatthose who buy services for offenders areseparated out from the providers of thoseservices – so that there is no incentive todeliver services that do not work.

● A phased programme of contestability

for Prison and Probation Services, with aprospectus, so that we can make sureservices are provided by the best possiblepartnerships and providers, drive upstandards, and improve results so that wecan cut re-offending still further and faster.

● Legislation to turn Probation Boards intoProbation Trusts, giving flexibility to get thebest possible providers of probation services,with the focus on improving standards, notcutting costs.

● A focus on excellent, well-trained, andwell-supported staff, with new occupational

standards, better support for good

leadership and more freedom for high-

performing prisons and probation trusts.

Taken together, our strategy will ensure we canprotect the public, and turn offenders’ lives aroundin a way that cuts re-offending and makes thecountry safer.

Whilst the direction of this strategy covers bothEngland and Wales, full account will be taken of the devolved responsibility and role of theWelsh Assembly Government and the specificorganisational structures in Wales.


The context

1.1 Crime is going down. The risk of being avictim of crime is at the lowest level for 24 years.

1.2 Prevention is better than cure, and we areinvesting heavily in preventing crime. £45 millionhas been allocated to youth offending teams foryouth crime prevention activities such as YouthInclusion and Support Panels, Youth InclusionProgrammes and parenting programmes.Following the publication of Every Child Matters,we have already put in place a national changeprogramme of reform to children’s services.This will help ensure children and young peopleare deterred from engaging in crime and tacklethe circumstances which make some more likely

to offend. From the early years up to adulthood,we are putting in place a series of measuresthat tackle the causes of youth offending andother related poor outcomes. As we promised,we are being tough on the causes of crime.

1.3 We are also shifting the focus of the systemmore onto the needs of the victim. Our GreenPaper on Victims’ Services invited views on waysto support victims more practically and effectively(Annex A gives more details or our proposals).

1.4 And we are being tough on crime itself.We are catching and convicting more criminals.The number of offences brought to justice hasimproved significantly since 2002, as shown inFigure 1.

Chapter 1

Introduction

1,350,000

1,300,000

1,250,000

1,200,000

1,150,000

1,100,000

1,050,000

1,000,000

Mar-99 Mar-00 950,000

Figure 1 Offences brought to justice

Baseline March 2002: 1.002 million

Latest performance Sept 2006: 1.230 million

Target: 1.25 million OBTJ in 2007-08

Target: 1.15 million OBTJ in 2005-06

Trajectory

Mar-01 Mar-02 Mar-03

Year ending Source: Home Office/DCA

Offe

nces

bro

ught

to ju

stic

e

Mar-04 Mar-05 Mar-06 Mar-07 Mar-08

10 CHAPTER 1 INTRODUCTION

1.5 We know that catching people is a good wayto deter people from offending – figures show thatthe likelihood of getting caught is a more importantdeterrent than how tough sentences are.

1.6 But despite all this progress, over half ofcrimes are committed by offenders who havebeen through the criminal justice system before.If we want to cut crime, we have to stop peoplere-offending.

1.7 At the moment, our system has madea small amount of progress in cutting downre-offending – with a reduction in re-offendingrates of 1.3% between 1997 and 2002 – but itis not nearly enough. (Source: Re-offending ofadults – results from the 2002 cohort, statisticalbulletin 25/05, Home Office)

1.8 For too many people, prison acts as nothingmore than a brief interlude in a life of crime.Community sentences can be an effectivemeans of stopping people re-offending, becausealongside punishment comes support to makethe offender tackle the underlying factors thatmake them more likely to offend again. But theyare still not successful enough and are too oftenseen as a soft option – we need to make themmore visible and win public confidence.

1.9 At the same time, we need to be as certainas possible that our system can keep the publicsafe from dangerous offenders. There havebeen no Category A escapes from prisons since 1996 – but there have been some recentfailures where our system has not picked up orsupervised properly people who have beenreleased into the community and have thencommitted serious offences.

1.10 Failures in our system are often not thefault of the staff who work in prisons and in theprobation service. Their hard work has broughtabout the improvements that we have seen overthe last few years. But to move from incrementalimprovements to the kind of change that will bringreal success needs us to take a fundamentallook at the way the system works.

1.11 The main change we need to make is tofocus much more on the individual needs andrisks of each offender. Our reform of the YouthJustice system has already brought togetherresponsibility for all young offenders – whetherin prison, serving community sentences, or justat risk of offending – under the Youth JusticeBoard, and gives responsibility to Youth OffendingTeams for managing each young offender as anindividual, looking both at the things that willstop that person offending again, and at theirindividual risks.

1.12 We want to have concentrated, end-to-endmanagement for every single adult offender,and so we have set up the National OffenderManagement Service – which brings togetherthe Prison and Probation Services. Focusing moreon the individual, with much better and earlierassessment, will mean better management of risk;and far better success in giving offenders a chanceto change, and cutting re-offending. But makingit a reality means major change to our wholesystem. This strategy sets out what we will do.


Who should be in prison, and why?

2.1 Keeping the public safe is the first duty ofthe criminal justice system, and the overridingpriority of those working with offenders. Peoplerightly expect that offenders will not pose athreat to the public while they remain under thecontrol of the state. This is why we believe thatprison should be reserved for serious, violentand dangerous offenders; so that those whoare dangerous can be kept in prison for as longas necessary.

Assessing offenders for risk

2.2 All offenders coming before the courts arescreened for the risks that they may pose, by

looking at their background and offences. Wherethere is any cause for concern they will be givena fuller analysis using a structured risk assessmentcalled OASys. OASys is considered to be themost advanced system of its kind in the world.It uses actuarial and professional assessmentto produce a detailed analysis of risk factors.Where particular risks – such as domesticabuse or sexual offending – are indicated, morespecialised risk assessments will follow. We willalso identify and manage the wider risks posedby people who may not be directly dangerous,but who cause very significant harm to society –including, in particular, organised criminals.

Chapter 2

Protecting the public

18,000

16,000

14,000

12,000

10,000

8,000

6,000

4,000

2,000

Violence against

the person Source: November 2005 population in custody tables, Home Office/NOMS

0

Figure 2Sentenced population in prison establishments (England & Wales) by offence type

SexualOffences

Robbery Burglary Theft andHandling

Fraud andForgery

DrugsOffence

MotoringOffences

OtherOffences

November 2004

November 2005

Murder is included in violence against the person. “Other offences” includes a range of offences for example, kidnapping, blackmail, firearms offences, perverting thecourse of justice, public health offences, failing to surrender to bail.

12 CHAPTER 2 PROTECTING THE PUBLIC

2.3 All these assessments will travel with theoffender throughout their time in prison, onlicence, or under community supervision, andwill be regularly updated. They will be the keyfactor in how the offender is managed. About7% of offenders assessed by OASys areconsidered to present a high risk of harm,and will be managed accordingly.

Keeping the most dangerous

offenders in prison for longer

2.4 Courts should be rigorous in using theirpowers to protect society against dangerousand violent criminals.

2.5 Dangerous and violent offenders shouldonly be let out of prison if it is clear that they areno longer a risk to the public. Under the oldsentencing system, when an offender hadserved a fixed length of time, there was nooption but to release them; and sometimesdangerous people were released early andwent on to commit more crime.

ACTION: We have introduced a newindeterminate sentence for public

protection, as part of the Criminal Justice Act2003. Where the court assess a serious sexualor violent offender as posing a significant risk tothe public, and the offence carries a penalty often years or more, an indeterminate custodialsentence should normally be given (unless a lifesentence is available and appropriate). Thismeans that the offender will not be released intothe community until the Parole Board assessthat it is safe to do so. In some cases, this maybe never. We have introduced this sentence tomake sure that the most dangerous offendersreally do spend the whole of the rest of their lifein prison – even if they do not have a life sentence.We will keep the system under review to makesure that it does this.

Life sentences

2.6 Indeterminate sentences are based on therisk an offender poses – they can be given foroffences that at the moment do not carry a lifesentence, if the court thinks the offender isdangerous enough.

2.7 But we have also kept life sentences forsome offences. A life sentence is mandatory forany offence of murder, and is also the maximumpenalty for some of the most serious and violentoffences. Life sentences mean that the offenderspends the whole of their life under sentence,being managed by the system. Judges candecide that for some offenders a life sentenceshould mean their whole life in prison; but iflifers are released from prison they remain onlicence for the whole of their life. If they doanything that suggests they are still a risk,they can be sent back to prison.

High security prisons and more

specialist provision, including

for prisoners with serious mental

health problems

2.8 For serious offenders, high security inprison will continue to be paramount, andwe intend to continue our excellent recordon escapes, with no escapes by Category Aprisoners at all since 1996. We will also workwith the Serious and Organised Crime Agencyto make sure that organised criminals are notable to control activity or build up networks insideprisons and that we can pass on information wehave that helps to crack down on organisedcrime outside.

2.9 We need to make sure that prisons andunits are able meet the specialised needs ofvarious groups of offenders, especially thosewith drug problems or severe mental illness.


ACTION: We will consider expanding thenumber of specialist units that are set up todeal with particular types of offender, or thoseneeding particular interventions – for example,those with severe personality disorders, orwith severe drug dependencies. We will alsocontinue to make sure that offenders who arementally ill get the right treatment. This maymean diversion away from custody and bettertreatment alongside their sentence. But wherean offender has a mental health problem whichalso makes them dangerous, we will continue touse secure mental hospitals to make sure thatthe public are protected properly from them.

Safer decisions about parole

2.10 The Parole Board is an independent panelwhich decides whether prisoners should be givenparole. We want to make sure that the ParoleBoard can really focus on dangerous offenders,with fewer but more significant release decisionsto make so that they can consider them evenmore carefully. The Criminal Justice Act 2003means that the Parole Board will now only makedecisions about sentences for public protection,recalls and life sentences. They will get a fullreport on each offender whose release theyare considering, using OASys assessments,and will usually meet personally to discussthe case in full.

2.11 The Parole Board also knows what happensto the offenders it releases. If an offenderreleased on parole commits a serious offence,the Board does a full review of what happenedso that lessons can be learnt for future decisions.

Protecting the public from high

risk offenders in the community

2.12 But not all offenders who might beconsidered a risk to the public are convicted ofvery serious offences. Some may come to thenotice of the criminal justice system for arelatively minor offence, so that they cannot beimprisoned indefinitely, but are still assessed asbeing a risk to the public.

2.13 And for some years dangerous offenderssentenced under the old sentencing structure –which we replaced last year – will have to bereleased when their sentences come to an end.Even though we cannot keep these offendersin prison, we can make sure that as much aspossible can be done to reduce the risks thatthey pose while they are under supervision inthe community.

2.14 We have placed a duty on the police,probation, prisons, and local organisations toexchange information about potentiallydangerous offenders, and to work together tomanage the risk they pose. These arrangementsare called Multi-Agency Public ProtectionArrangements (MAPPA). About 13,000 high riskoffenders are managed in this way, of whomabout 1,500 are considered very high risk.We have also created a new database calledVISOR (the Violent and Sex Offenders Register)to improve the flow of information andintelligence on dangerous people betweenpolice, prisons and the probation service.

2.15 Close monitoring of every risky offenderis central to these arrangements. Every offendercovered by MAPPA is subject to carefulsupervision, and we will extend this to involve both regular and unexpected visits to their homesas well as requirements that they report to policeor probation. Offenders can be given speciallicence conditions, such as curfew at night,residing at a particular address, or treatmentprogrammes.

14 CHAPTER 2 PROTECTING THE PUBLIC

2.16 These arrangements also coverdangerous sex offenders, who are monitoredclosely, and for whom conditions might includenot going into certain areas (perhaps near aschool), active surveillance, electronicmonitoring, or living in Approved Premises sothat the police and probation services canmonitor them even more closely.

2.17 We are also working with the Serious andOrganised Crime Agency to make sure thatthese systems can be used to manage seriousorganised criminals effectively.

2.18 In rare cases, in addition to ensuring themanagement and control of the offender, theMAPPA may also need to address issues ofpublic order and the need to protect theoffender from serious harm. All such instancesare informed by a police threat assessment andany protection afforded will be no greater thanthat provided to victims under the same level ofthreat. Where any additional protection isrequested, the costs will be met by the offender.

Sending offenders back to prison

if risks increase

2.19 All offenders covered by MAPPA aresubject to regular assessment to make sure thatthe conditions on them are the right ones. Ifsomething happens that makes the offendermanager or a police officer think that the risk theoffender poses has become too great, they willbe immediately recalled to prison. 90% of recalldecisions are made within 24 hours. Even whenthey are no longer subject to licence conditions,dangerous sex offenders are still monitoredunder these arrangements by the police.

2.20 In 2004-05 10% of high risk and 16% ofvery high risk offenders in the community wererecalled to prison before they could re-offend.Nevertheless this pre-emptive action was notenough and 0.6% of high risk offenders didcommit serious further offences (Source: MAPPAAnnual Report 2004-05). The steps which weare taking with the new sentences, and betterrisk management, are intended to ensure thatthis number is kept to an absolute minimum.

2.21 An independent study of MAPPAarrangements recently showed that they aremore effective and consistent than ever before.(Source: Kenshall et al, De Montfort University,2005, Home Office Development and PracticeReport No. 45)

ACTION: Over the next five years, theResponsible Authorities for MAPPA, the police,prison and probation services, will be requiredto improve and increase the consistency ofmonitoring and surveillance systems. Thepriority is to target resources on the critical fewhighest level offenders to make sure that everystep is taken to avert serious further offending.We will continue to examine every case ofserious further offending while under probationsupervision in order to understand better howrisk can be identified and dealt with. And wehave set new targets for the speed ofassessment, so that the highest risk cases canbe quickly identified.


Offender appears at court for sentence

Any offender assessed asHigh/Very High Risk ofHarm will be referred toMAPPA for management

at Level 2 or 3

Court ask for probation report

Fast Delivery Reportnot suitable

Low level of seriousnessCourt sentence without

report e.g. Fine

Adjourned to complete aStandard Delivery Report

Court sentences tocommunity sentence

Circumstances of caseindicate a Fast Delivery

Report is appropriate.

Screened for Risk of Harm

Fast Delivery Reportprepared same day

Sentence e.g. Fine,Conditional Discharge,

Community Order

Court sentences to custody

Offender Manager reviewsrisk assessment & riskmanagement plan in

preparation for release

Critical Few – managed atHighest Level (3) Multi

Agency Public ProtectionPanel

Standard Delivery Reportcompleted with full offender

assessment. A riskmanagement plan is

completed if offender isassessed as medium or

higher risk of harm

Figure 3


3.1 It is important that offenders are properlypunished for their crimes. But sending peopleto prison is not the only way of punishing them.We want to use punishments which give us thebest opportunities to address the issues thatmight make someone more likely to offend again.Prison in many ways asks less of offenders thancommunity punishments, which can mean hardwork on behalf of others, or a strict curfew whilean offender holds down a job. And communitypunishments also give us better opportunities torehabilitate offenders and get them going straight.

3.2 We also want to make sure that full use ismade of fines, and of other quick, simple,effective punishments for minor offenders.

3.3 The Criminal Justice Act 2003 introduceda coherent set of sentences which protect thepublic, punish offenders and can be used torehabilitate them.

Chapter 3

Punishment, Reparation and Rehabilitation

2002actual

rate

Prison

CommunitySentences

0

Figure 4Two-year re-offending rates for adults serving prison and community sentences1

0 10 20 30 40 50 60 70 80

Two year re-offending rate

Source: Home Office statistical bulletin 25/05

1 Not taking into account the different characteristics of offenders serving these sentences.

18 CHAPTER 3 PUNISHMENT, REPARATION AND REHABILITATION

3.4 Over the past three years, the criminaljustice system has become more efficient atbringing offences to justice, with the policedetecting more crime and working with the CrownProsecution Service to make sure there arefewer ineffective trials. The increased likelihoodof being caught and punished helps reducere-offending by serving as a deterrent. And thecriminal justice agencies are also putting extrafocus on prolific and other priority offenders asthey go through the system, which means thatmore of the people who are responsible formost crime are caught and punished.

Quicker, simpler, fairer punishments

for the most minor offences

3.5 The least serious offences are oftenpunished without the need for going to court –for example, parking offences are dealt withmainly through fixed penalties. Thesepunishments are very swift, and save court time,but also give a person the opportunity to go tocourt if they really feel they are being punishedunfairly. We have already extended the use ofFixed Penalty Notices to cover more low-leveloffences – 60,000 Fixed Penalty Notices forDisorder were issued in 2004. (Source: Penaltynotice for disorder statistics 2004, Home Officeonline report 35/05)

3.6 We have also introduced conditional cautions.These are formal cautions with specificconditions attached, with which the personcautioned must comply or face prosecution forthe original offence. At the moment, conditionsmust be focussed on rehabilitation or on makinggood to the victim, and might include angermanagement or drug treatment.

ACTION: We are considering more of this kindof faster and fairer punishment – including, forexample, extending the use of conditional

cautions. We are also considering allowingconditions which have the aim of punishing anoffender to be attached to a conditional caution,including for example a fine.

3.7 We have also introduced a range of courtorders aimed at making sure low-leveldisruption and offending gets tackled. Anti-social behaviour orders can prevent behaviourthat might not be classified as criminal, butwhich is causing disruption and misery.

Fines

3.8 Less serious offenders are often punishedby the courts with fines. Fines hit offenders inthe pocket, but are cheap for the taxpayer,making them a good option for minor offences.Their main drawback is that they hit pooreroffenders harder than richer ones.

Serious and violent offences

Seriousoffences

Less seriousoffences

Minoroffences

e.g. MurderPrison, life sentences,indeterminate sentences ifcourt considers dangerous

Prison first, then supervisionin the community; punishedfor whole of sentence

Tough community sentencesunless persistent offender – ifseriously persistent, custody plus

Fine, Penalty notice,conditional caution

6,000 lifers in prison

46,900 offenders in prison withsentences over 1 year

7,700 in prison with sentencesof less than 1 year of whom nearly6,000 persistent (convicted at least5 times previously)

e.g. GBH

e.g. Burglary

e.g. Theft

e.g. Graffiti

Figure 5

Source: Prison statistics and re-offending statistics 2004, Home Office/NOMS


3.9 Until recently, collection rates for fines werepoor. In 2001-02, payment rates were only 59%.This meant that judges and magistrates lostconfidence in fines, and gave more communitysentences instead. Collection rates are now farbetter – up to 81% – so we expect sentencers’use of them to rise again too. (Source:Department of Constitutional Affairs)

ACTION: We intend to legislate to introduceday fines. An offender would be given a fineexpressed as a certain number of ‘days’, withmore ‘days’ for more serious offences. Thefinancial value of each ‘day’ would be differentdepending on people’s ability to pay – so thatfines will be as tough for a rich offender as for a poorer one.

Making amends to the victim of

the crime

3.10 We want to make sure that they wayoffenders are punished helps victims feel thatjustice has been done. We know that restorativejustice – where the offender and the victim havecontact and the offender apologises to the victim,and may make other amends, perhaps includingdoing work for the victim or compensating them –can give a better sense of satisfaction andresolution to victims than more remotepunishments. Restorative justice can be used atany stage of the criminal justice system, and canbe used alongside other punishments like prisonor community sentences. We want to increasethe use of restorative justice, where it isappropriate, as part of our efforts to focus thesystem more on the needs of victims.

3.11 We also know that in many cases it isimportant to the victim that the offender ispunished quickly, and so we are working to makesure that there are more ‘fast delivery’ reports forcourts which allow them to speed up the process.We will also make sure that courts increasinglyhave the best information, including victimassessments, on which to base sentences.

Tough community sentences

3.12 Community sentences are alreadydemanding and increasingly well-enforced.They can be tougher than prison, because theyrequire offenders to work and to address theirproblems seriously. But they are still too oftenseen as a soft option, and they can be hard tounderstand. Giving sentencers and the publicmore confidence in community sentences as atough punishment is vital for our strategy,because we know that they can offer the bestchance of stopping offenders offending again,and, as we improve the way we manageoffenders, they can get better still.

3.13 The graph overleaf shows that, when anoffender breaches their community order, over90% are enforced (meaning that the processof sending the offender back to court to bepunished for breaching their sentence, begins)within ten days. (Source: Home OfficePerformance Research for OffenderManagement Targets 04/05)

3.14 The Criminal Justice Act 2003 replacedall existing community penalties with a singleCommunity Order, which involves offendersdoing things to get themselves back on thestraight and narrow – like getting off drugs orgetting a better education. There will continueto be increasingly tough enforcement, andoffenders who are not prepared to make theeffort and who do not keep to the conditionsof their community sentences will have extraconditions added, or end up in prison. It isessential that the authority of the court isupheld, and that offenders who do not keep totheir Order should face further punishment.

3.15 Community Orders can include up totwelve different requirements, including unpaidwork, drug treatment, and curfews. Sentencerscan select from these twelve requirements, andadvice to sentencers suggests that there shouldbe more requirements for more seriousoffenders, and that minor offenders should onlyhave one or two requirements. 51% of thosecommencing Community Orders in April toSeptember 2005 had one requirement, 32% hadtwo, 14% had three and 2% had four or five.(Source: Home Office/NOMS)


ACTION: It is clearly right that Orders should betougher for more serious offences , but it is alsoright that we consider how we can improve thetargeting of requirements for all offenders oncommunity orders to reduce re-offending withinthe orders laid down by the court.

Community Payback – unpaid

work for the community

3.16 We think that unpaid work should be at theheart of community sentences, because it is aboutoffenders making amends to the community forthe harm they have done. It should be an optionthe courts consider for the majority of offenderspunished in the community. At the momentunpaid work is a part of about half of allcommunity sentences.

3.17 We have recently introduced Community

Payback to make the 5 million hours ofcompulsory unpaid work done in a year byoffenders more visible to the public, so that they can see offenders paying back for theircrime. It gives local people (including victims ofcrime), and faith, voluntary and civic communities,the chance to say what work offenders shoulddo in the community, with leaflets and websitesto encourage people to choose particularschemes. A highly visible Community Paybacklogo shows where work has been done byoffenders. Offenders in Avon and Somersetprobation area gained qualifications in carpentrywhile restoring Brunel’s ship SS Great Britain;and in Ipswich, offenders have removed graffitifrom park walls and buildings and cleaned up achildren’s playground.

ACTION: We will clearly identify the unpaidwork that offenders do as Community Payback,either with the public choosing schemes, or withlocal councils deciding on useful local work thatoffenders could do (or both). We expect to seethe amount of unpaid work that offenders do inthe community increase for example with theintroduction of custody plus. We expect thenumber of hours of unpaid work done by

100%

Apr02

Jul02

Oct02

Jan03

Apr03

Jul03

Oct03

Jan04

Apr04

Jul04

Oct04

Jan05

Apr05

Jul05

Oct05

Jan06

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

Figure 6Community penalties – intitiating breach action within 10 days

Year to date

Source: National Probation Service quarterly performance reports

% o

f bre

ache

s w

hich

wer

e en

forc

ed w

ithin

10

days

in a

ccor

danc

e w

ith n

atio

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tand

ards

Latest perforamanceApr-Dec 05: 91%

Target: 90%


offenders to rise from 5 million in 2003 toapproaching 10 million in 2011 (Source: HomeOffice/NOMS). We hope this will include animportant contribution towards the worknecessary to prepare for the Olympic games.

3.18 Already in developing CommunityPayback, probation areas are working closelywith a wide range of partners. We want to seeincreasing innovation and even strongerpartnership working in the future.

ACTION: As Community Payback gathersincreasing momentum, we want to ensurethat we are using the available resources tomaximum effect in meeting rising demand. Todo this, we will review the way that unpaid workis delivered to ensure that it provides best value.

Persistent offenders

3.19 We know that a relatively small numberof very prolific offenders are responsible for alarge amount of crime. Our Prolific and OtherPriority Offenders Strategy targets 10,000offenders, with local areas identifying the peoplethat they are going to focus their attention on.The strategy means that these offenders aresupervised particularly closely, picked up moreoften when they do commit crime, and alsogiven intensive support to change their ways.

3.20 Where persistent offenders do offend,sentencers take into account their history(including ‘bad character’, which includes thingsshort of previous convictions such as ASBOsand even bad debt) when they sentence. Thelikelihood of receiving a custodial sentenceincreases with increasing numbers of previousconvictions. For burglary convictions in 2000,less than 50% of offenders with no previousconvictions received a custodial sentence.For those offenders with 5 or more previousconvictions, the figure was over 70%. (Source:Carter, Patrick; 2003 Managing offenders,reducing crime: A new approach)

Custody Plus

3.21 A large number of the people who passthrough prisons are sentenced to shortsentences, less than a year long. In 2004

61,670 offenders went into prison for less than12 months (Source: Offender managementcaseload statistics 2004, Home Office/NOMS).This includes many persistent but pettyoffenders, for whom prison is being used as apunishment of last resort; they are not dangerousto the public, but the system has not stoppedtheir offending so far. But the kind of shortprison sentences that are given to persistentpetty offenders are not very effective either atpunishing the offender, or at stopping themcommitting crime again. The offender isreleased without any requirements on themabout what they should do back in thecommunity, and often offends again.

3.22 We believe that the new, toughercommunity sentences will often be a better wayof dealing with these offenders, because theyare increasingly well-enforced and will makethem deal with the issues that lie behind theiroffending. But where the judge or magistratedecides that prison really is needed, we wantto make sure the sentence is effective, givingthe offender a short exposure to prison beforemaking them address their problems properlyin the community.

ACTION: In Autumn 2006, we will introduce anew sentence called Custody Plus. This willapply to all sentences of less than one year.It will combine a short period in prison with alonger period of supervision in the community,which will make it much easier to focus onstopping people offending again – pushingthem to get a job, to sort out their housingproblems, to learn self-control, or to tacklewhatever other factors are contributing to theircrimes. Custody Plus can also include unpaid

work, which will mean many more offendersdoing work in the community.

Prison for serious offenders

3.23 It is right that those who commit seriouscrimes should go to prison. But here again wewant to make sure that their time in prison isfollowed up with close supervision in thecommunity to get them going straight.


3.24 Until recently, most offenders served thefirst half of their sentence in prison; and thenwere on licence until the three-quarter point.After that, the offender was not supervised at all.

ACTION: As part of the Criminal Justice Act2003, we have changed the system so thatoffenders who are not assessed as dangerouswill serve the first half of their sentence inprison, and the whole of the second half of theirsentence under licence in the community – withconditions on their licence which are there tostop them offending again. If they breach anyof the conditions of their licence they can bereturned to prison – so those who are ready togo straight will get some of their punishment inthe community, but those who are not will servelonger in prison. And there will be punishment –restriction of their liberty – throughout the lengthof their sentence. Judges can also indicatewhen they sentence an offender any particularconditions which they think should be includedin the licence under which the offender willspend the second half of their sentence, inthe community.

More honest sentencing

3.25 We believe that this will also help to makesentencing more transparent and honest. Underthis system, someone sentenced to four yearswill spend four years being punished.

ACTION: We believe that this new system willwork better to punish offenders and to rehabilitatethem, and also to make sentences clearer. Thenew system represents a fundamental changethat is still being worked through. But as thesystem beds down, we will keep it under review.

Doing more to make sure the right

people get the right sentences

3.26 We have said that overall we think prisonshould be used for the most dangerous, violentand seriously persistent offenders; and that othersare usually best punished in the community. Theprison population has been rising for decades,even during periods (like the most recent period)when crime has not been getting worse – seeFigure 8.

3.27 There are also some groups of offenderswhere there are signs that too many people areending up in prison who would be better dealtwith elsewhere; and others where the averagelength of sentences has been rising even thoughthe number and seriousness of crimes has not.Figure 9 shows that the average length ofsentences for almost all crimes has gone upsince 1984.

3.28 Different courts can vary considerably inthe way they sentence. For example, in one areathe average sentence length at crown courtsincreased by 13 months between 1993 and2004, whilst in another similar area the increasehas been 5 months. Similarly, during this sameperiod, the proportion of people sent to custodyin one area increased by over 30 percentagepoints whilst in another similar area it onlyincreased by around 3 percentage points.(Source: Sentencing trends local courts areacomparisons, January 2006, SentencingGuidelines Council)

ACTION: We will make sure that judges andmagistrates get excellent information aboutwhich sentences work best for which groupsof offenders. The independent Sentencing

Guidelines Council gives advice and guidanceto sentencers to ensure a more consistentapproach, and also provides information onlocal sentencing trends; but we will expand thework that we do locally to make sure that everycourt knows what is happening to the offendersthey sentence. We need to develop ourunderstanding of what works best to reducere-offending, and make sure that courts are notsending people to prison who would be bettermanaged in the community. You can find outmore about how the National OffenderManagement Service works with sentencers at http://www.noms.homeoffice.gov.uk


0

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1900 1905 1910 1915 1920 1925 1930 1935 1940 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005

Year

Source: Offender management caseload statistics, Home Office/NOMS

Pris

on p

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atio

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Figure 8Annual average prison population (1900 to 2005)

50

Violence against the

person

0

10

20

30

40

Figure 9Sentence lengths of adults sentenced at the Crown Court by offence groups 1984-20042

Sexualoffences

Burglary Robbery Theft & handling

stolen goods

Fraud andforgery

Criminaldamage

Drugoffences

Other(excl motoring

offences)

Motoringoffences

Source: Sentencing statistics, Home Office/NOMS

Mon

ths

1984

1989

1994

1999

2004

2 Adults classified here are those who are 18 years or more. ‘Other (excluding motoring offences)’ includes a range of offences, for example, kidnapping, blackmail,firearms offences, perverting the course of justice, public health offences, failing to surrender to bail, etc.


Remand

3.29 We want to cut down on the number ofprisoners held on remand, and the length oftime they spend in custody. A small number ofdefendants represent such a risk to the publicthat they need to be in custody before they aretried and convicted. But in principle it is rightto avoid imprisonment before trial whereverpossible, and if it is necessary, to speed upthe system so that they are not held for long,because it is costly and inefficient.

ACTION: We have introduced electronic

tagging on bail which can be used instead ofcustody, particularly for defendants that the courtthinks may be likely to abscond, but who are notdangerous. We intend to extend this programmeand encourage judges and magistrates to makemore use of it. We are also exploring ways ofmaking sure that cases where defendants areremanded are heard more quickly. Ourcriminal justice reforms are intended to speedup all court cases, including those where thedefendant is remanded in custody. In the shortterm, performance advisors are workingintensively with those Local Criminal JusticeBoards with the poorest performance on speedof cases and the greatest pressure on remandprison places.

Black and minority ethnic offenders

3.30 Black and minority ethnic groups are over-represented in every part of the criminal justicesystem. They are more likely to be victims, morelikely to be arrested, more likely to be convicted,and more likely to be given tougher sentences,including imprisonment, than their whitecounterparts. The number of black prisonersrelative to the total population was seven timeshigher than for white people.

ACTION: We will continue to work with judges,magistrates and other agencies of the criminaljustice system to improve the quality of recordingof ethnic monitoring data. We will then ensureall those involved use that data to take action toensure that black and minority ethnic offendersare being treated fairly by the system.

Young offenders

3.31 We believe that it is important to keepchildren out of prison if at all possible. There arecurrently around 2,600 under-18s in custody,2,200 of them in prisons (Source: Youth JusticeBoard). The Youth Justice Board says thatcustody should only be used when there is noother course of action because of theseriousness of the offence, the history of theoffender, or the risk to the public. They have atarget to reduce the number of under-18s incustody by 10%, partly through makingcommunity sentences more robust, and partlyby working with magistrates to explain thesealternatives better.

ACTION: We will introduce a new sentencing

framework for juveniles which will clearly setout the purpose of juvenile sentencing andreplace the nine existing community sentenceswith a single Youth Rehabilitation Order, with amenu of interventions including reparation tovictims, treatment for mental health problemsand drug misuse, supervision and curfew.

Women

3.32 The last ten years has seen a significantincrease in the number of women in prison –a rise of 126% between June 1995 and June2005, compared to 46% for men (Source:Prison population tables, Home Office). Thishas not been because of an increase in thenumber of women offenders, nor the result oftheir offending becoming more serious, butgenerally reflects the fact that women are beingimprisoned more frequently for less seriousoffences than in the past. We are clear thatwomen who commit serious offences should goto prison, just as men do, but we are concernedabout the increase in the use of custody forwomen and the impact this has, not only for thewomen themselves but also on their childrenand families.


ACTION: We published the Women’s OffendingReduction Programme (WORP) in 2004, whichcontains a wide range of good practice designedto tackle women’s offending and also providebetter community punishments for women as analternative to prison, including better drug andmental health treatment. We would also like toconsider more use of intermittent custody

(for example, weekends in prison) for peoplewith family responsibilities. We will review theoutcome of the current pilot and consider thepracticality of expansion.

Foreign nationals

3.33 We also want to reduce the number offoreign prisoners, especially those who are tobe deported anyway after their sentence, toavoid wasting taxpayers’ money.

3.34 Under the Early Removal System, foreignnationals can be released to be deported up to135 days before the end of their sentence. Sincethe inception of the scheme in July 2004, over1,500 prisoners have been removed successfully.

3.35 We are also looking imaginatively to seehow we might help overseas countries to takeback more of their own prisoners, or to try tostop their citizens offending. One example is theprovision of scanning equipment to the Jamaicanauthorities to enable them to scan all departingairline passengers for traces of drugs.

ACTION: We will work to put in place more‘prisoner transfer agreements’, which meanthat prisoners can serve their sentences in theirown countries; and we will also increase numbershandled by the early removals system. We aredeploying immigration officers in prisons so asto identify foreign national prisoners morequickly with a view to increasing the numbersrepatriated or removed under the early removalscheme. We are also strongly supporting theadoption of a Framework Agreement with ourEU partners which, if agreed, would placeMember States under a general obligation toaccept the repatriation of their nationals.

2,000

Jamaica0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

Figure 10Population in prison in England and Wales by nationality

Nigeria IrishRepublic

Pakistan Somalia Turkey India China Iraq Ghana

Source: Population in custody quarterly brief April-June 2005, Home Office/NOMS


Prisoners with mental health

problems

3.36 We continue to imprison too many peoplewith mental health problems. Dangerous peoplewith mental health problems must be keptsecure, and treatment is available for severepersonality disorders in prison. Those with themost serious problems can also be transferredto secure hospital places. But the majority ofoffenders with lower level disorders are notdangerous and could be better treated outsidethe prison system without any risk to the public.

ACTION: We are conducting a study into thebest way to manage offenders with mentalhealth problems; and will work closely with theDepartment of Health to make sure that theycan get access to effective treatment whetherin prison, in a hospital setting, or in the community.We expect this to mean that there will be fewerpeople with mental health difficulties held inprisons, and more people helped.


4.1 Whether offenders are being punished inprison, or in the community, we need to managethem better in order to stop them re-offending.We need to give offenders the chance to turntheir lives around. This is the central aim of ourstrategy, because it will mean fewer crimes andfewer victims.

4.2 Our understanding of the factors that arelinked to re-offending has been developing andwe have plans for research to improve theevidence base even further. We are building onthe excellent work that the Prison and ProbationServices and their many partners have beendoing to address the different ‘pathways’ toreduce re-offending, which were identified in aseminal report by the Social Exclusion Unit in2002. Current work on the pathways is set outin the NOMS Reducing Re-offending DeliveryPlan, published in November 2005.

End-to-end offender management

4.3 Re-offending can be made less likely bygetting offenders to confront and resolve thefactors that make them more likely to offend – for example, by helping or pressing them to get jobs, sort out their housing problems,or get drug treatment.

4.4 Many of the most regular offenders facecomplex, multiple and inter-related problems,and sorting out these issues one at a time willnot work – they need to be managed in theround, with interventions planned and put in the right order. Focusing on each offender as an individual will help us assess risk better; cutre-offending; and will also help us do better atmanaging a diverse population of offenders well and tackling their individual issues.

ACTION: Every offender will have a named

offender manager who will be responsible formaking sure that they are both punished andrehabilitated properly. They will manage theoffender, often from before they are sentenced,throughout any prison sentence, and then duringtime on a community sentence or on licence inthe community. We have brought prison andprobation together under the National Offender

Management Service so that offender managerscan work seamlessly. They will provide continuityand will know about the offender – both so thatthey can rehabilitate them, and so that they canmanage any risk they pose. Offender managementwill start in April 2006, and will cover all offendersby the end of 2008.

Earlier and better assessment

and intervention

4.5 The starting point for managing offenders willbe good assessment. We are already using themost sophisticated offender assessment systemin the world, known as OASys, and we intend toupgrade it as part of a new system calledC-NOMIS which will let information be sharedwith anyone involved in managing the offender.

4.6 We want assessments to be done as earlyas possible, because it means work can startand risks are known and can be managed. Wehave done this for drug users through the newDrug Interventions Programme, which usesmeasures like drug testing on arrest to makesure assessment and treatment can beginas soon as possible. But too many prisonersspend time on bail or remand doing nothing,when things could be being done to addresspractical problems.

Chapter 4

Managing offenders better to stop them re-offending

28 CHAPTER 4 MANAGING OFFENDERS BETTER TO STOP THEM RE-OFFENDING

ACTION: When resources allow, we intend toextend the role of offender managers to start

from the moment of arrest, initially for thosewhose offending is linked to drugs (to build onthe Drug Interventions Programme); and tocover everyone remanded in custody or in bailhostels (approved premises), so that we canstart working with the offender while they are on remand, and the time is not wasted.

‘Going straight’ contracts

4.7 Offender managers will use theassessments they do to make a plan for eachoffender, which will include how they will enforcethe offender’s punishment, but also often howthey will help and support them, perhaps withhousing, education and employment, familyproblems, or drugs. Some will also need help to change their attitudes or behaviour; andsome will need intensive supervision and extra precautions to protect the public.

4.8 We are clear that these plans shouldinclude help and support where it is neededbecause that gives the best chance of helpingthe offender change. But we know that the bestchance of an offender changing comes whenthey want to do it.

ACTION: We will introduce ‘Going Straight’

contracts, which will work like the systems forearned privileges that already operate in manyprisons. They will be a compact between theoffender and the offender manager, with clearand meaningful incentives and sanctions. Thiscould mean fewer compulsory supervisionsessions for offenders who have shown thatthey are committed to changing – for example,by getting and holding down a job – and moredemands on offenders who have not.

Better partnerships to

stop re-offending

4.9 When offenders are committed tochanging, we want offender managers to beable to call on support for them in a very widerange of areas – including health, educationand skills, employment, social and family links,housing, drug and alcohol abuse, finance andbenefits. This needs strong partnership working

across Government and beyond, including withLocal Government, employers and the voluntaryand community sector, as well as with localpeople and communities. Partnership working is in everyone’s interests because tacklingthe problems offenders have tackles socialexclusion and helps make society better and safer for everyone.

ACTION: We have forged strong partnerships

with clear priorities across Government to reducere-offending; and we have also establishedthree alliances: the ‘Civic Society Alliance’

with local partners; the ‘Corporate Alliance’

with business, and the ‘Faith, Community and

Voluntary Sector Alliance’ all aimed atdeveloping our partnership working to reducere-offending. We have also launched ourapproach to working with communitiesand supporting civil renewal. Details of ourpartnership work are set out in the ReducingRe-offending Delivery Plan. And we will buildon these partnerships by working with LocalStrategic Partnerships as they develop LocalArea Agreements, looking at how particularinitiatives to support offenders could bedelivered through them.

Health

4.10 Working with the Department of Health,we have moved prisoners’ health into themainstream, with Primary Care Trusts takingresponsibility for prison health. This meanshealth services in prisons are starting to becomparable with those outside for the first time.We have also got better at tackling offenders’drug use. In 2004-05, around 60,000 drug usersengaged with clinical and CARAT services inprison, and 5,000 completed intensive drugrehabilitation programmes (Source: HomeOffice). We are also treating more drug users inthe community. We want to build on this success.

ACTION: We will learn from our successful drugtreatment programmes and give offenders betteraccess to alcohol interventions, especiallywhere their offending is linked to alcohol. Wewill also do more to make sure that people with

mental disorders who offend get the treatmentthey need.


Education, skills and employment

4.11 We are making progress in cutting thenumber of offenders who have poor basicskills. 73,000 basic skills awards were madeto offenders in 2004-05, and over 40,000offenders were released from prison with aneducation, employment or training place to go to.(Source: Performance Reports OffenderManagement Targets 04/05, Home Office)

4.12 But we can and should do more to makesure that offenders can get jobs – because weknow this can cut the chances of re-offending.Our aim is to involve employers in the designand delivery of programmes, so we know thatthe training offenders receive while serving asentence prepares them for real job opportunities.We can also do more to make sure that the workoffenders do in prison and as part of unpaid workin the community is meaningful and helps to givethem skills that will help them on the outside.

ACTION: With the Department for Educationand Skills and the Department for Work andPensions, we have published a Green Paper:Reducing Re-offending through Skills andEmployment. It puts the focus clearly on jobs,with employers driving the design and deliveryof programmes more and more. It suggests somenew options for intensive work-focused supportfor offenders – for example, more job placementschemes – and we will use the consultation onthe Green Paper to decide which of these totest. We also want to work more closely withemployers on work in prisons, aiming for moreschemes where prisoners can train or work withan employer while in prison who may thenemploy them on release.

Accommodation, finance

and benefits

4.13 We have also made progress onaccommodation for those released from prison.Over 87% of recorded prisoners now haveaccommodation to go to on release (Source:Home Office), and we have helped bridge thegap from custody to community by improvingaccess to the Social Fund.

4.14 But there is more to do, particularlyin ensuring that everyone has plannedaccommodation at the end of their period incustody. We know that not having somewhereto live can be a risk factor that makes peoplemore likely to offend again.

ACTION: We will work with partners at the localand regional level to help prisoners keep their

accommodation while they are in prison;support prisoners to help them with applicationsfor accommodation and work with local housingproviders to encourage them to considerapplications from serving prisoners; work withstakeholders to develop and roll out a standardprisoner housing form and encourage landlordsto use it; and get offenders involved in renovationschemes which can help make more housingavailable both for them and for the localcommunity3. We will also close the ‘finance

gap’ that some prisoners face between beingreleased and getting benefits, but will do it in away that incentivises work.

Social and family links

4.15 Supporting offenders’ social and familylinks is often the key to successful resettlement,and can help sort out other problems likeemployment or housing. We need to make surethat social and family links are at the heart ofoffender management. For this, partnershipwith the faith communities and the voluntaryand community sector is especially important.Most parenting programmes and manymediation schemes are already delivered byvoluntary organisations rather than by probationofficers or social workers; and many faithgroups have successful and innovativeprogrammes to help offenders build betterfamily and social links.

ACTION: Our plans for community prisons(below) will help prisoners maintain their familyties; and we will build on work like thesuccessful Community Chaplaincy projects,which bring in faith groups to work withprisoners before and after their release, with theaim of providing extra support in the community.

3 The Home Office remains committed to ensuring that no unfunded burdens fall on local authorities (including police authorities). We will keep the financial implicationof these proposals under review and discuss them with Local Government.

30 CHAPTER 4 MANAGING OFFENDERS BETTER TO STOP THEM RE-OFFENDING

Different prisons for

different offenders –

with new Community Prisons

4.16 We need to make sure that we have theprisons to match our strategy. We want to makesure that offenders can be re-integrated backinto the community when they come out ofprison; and we know that staying in touch withfamily and friends while they are in prison helpsoffenders ‘go straight’ more successfully oncethey get out.

4.17 We need to develop Community Prisons.In particular, we want to look at facilities for lessserious offenders, and for those getting close torelease, which are local; which link to the localcommunity, and to local services; and whichcan also be shared with probation and used fordelivering community sentences – so that aprisoner on ‘Custody Plus’ could be held in theirlocal prison, stay in touch with their family, andstart a course of drug treatment or cognitivebehavioural therapy which they can carry on with,in the same place, when they are let out for thesecond, community-based, part of their sentence.Such a facility could have modest levels ofphysical security, with a greater emphasis on thecontinuous delivery of targeted interventionsduring and after custody. They could be closelylinked to Community Courts.

4.18 The Youth Justice Board have recentlypublished their strategy for the YoungOffenders’ estate, which focuses on makingsure that where young people have to bedetained, they are held in institutions which arefocused on providing excellent education andtraining that can break young people out of thecycle of re-offending. We will work with theYouth Justice Board to look at whether we canalso develop more community-based facilitiesfor young offenders.

ACTION: We will publish a new estates strategyfor adult prisons (including those holding womenprisoners) in the Spring, which will set out indetail our vision for Community Prisons. Itwill also explain how, as part of this, we will testthe idea of a new facility which could bridge thedivide between custody and community – actingas prisons as well as providing secure facilitiesfor the most serious offenders being supervisedin the community. And it will explain our plans fordeveloping specialist facilities, and set out howwe will use the resources we have to begin tomove towards a different kind of prison estate.


5.1 As we put more focus on the individualoffender – looking at the risk they pose, and atthe support and challenge they need to stop there-offending – we need to make sure that theway our system is designed helps us bring in thebest possible people and organisations to workwith every offender

5.2 Since 1997, spending on prisons has risenby more than 25% in real terms, and since2001, spending on probation has risen by 39%.We now spend about £300 million a year onrehabilitative regimes in prison alone. However,despite this investment, almost 60% of peoplewho pass through the criminal justice system re-offend within two years. This figure, whichaccounts for half of all crime, must be reduced.We need to make a step change to the way wemanage the system if we are going to improvethis significantly.

A vibrant mixed economy

of providers

5.3 To achieve our goals, we must move furtheraway from a one-size-fits-all model where weprovide services based mainly on what hasalways been provided before. We want to separateout deciding what needs to be provided, fromproviding it – so that there is no incentive toprovide services that do not work or are notneeded. We also want to make sure that weare driving up standards in every part of thesystem, so that no organisation that works withoffenders can become complacent. The goal, inshort, is to harness the dynamism and talents ofa much more diverse range of best-in-classpublic, private and not-for-profit providers, eachwith their own set of special skills and expertise.

ACTION: For these reasons, we have designedthe National Offender Management Serviceas an organisation with commissioning at itsheart. The National Offender Manager, nineRegional Offender Managers, and the Directorof Offender Management for Wales will map outthe services that are needed, and put togethercontracts with a wide range of different partnerswho can best meet these needs, with fundingincentives for the providers that do best toreduce re-offending and protect the public.

5.4 Often, contracts and agreements will bewith the public sector Prison Service or theProbation Service; but where others can showthey can do the job better, or fill gaps in existingprovision, they will get the job. This is not aboutcutting costs, but about improving standardsacross the board, encouraging innovation andgetting the best services possible to manageoffenders. Any savings will be reinvested inimproving services for offenders still further.

5.5 The multi-faceted needs of victims andoffenders often need a partnership responsewhich draws on the talent and skills of thepublic, private and voluntary sectors. Over1,000 different voluntary and community sectororganisations already work with prisons andprobation areas, including on drug treatmentprogrammes and resettlement of offenders.

5.6 We expect this to continue and deepen,and think that many of the most successful bidswill draw on all three sectors. We also want to beable to use providers (or consortia) which canwork across prison and probation boundaries –for example, using one provider to support drugtreatment across a region, so that offenders getseamless treatment in prison and on release.And we believe that with more providers, and

Chapter 5

A vibrant system that values its staff

32 CHAPTER 5 A VIBRANT SYSTEM THAT VALUES ITS STAFF

no-one guaranteed the right to work withoffenders, standards will rise and our systemwill work better to cut re-offending.

5.7 The public sector Prison and ProbationServices will remain vital. We are confident thatboth can rise to the challenge of contestability.Recent competitions in the prison estate haveresulted in two prisons being passed from theprivate to the public sector. More generally, thereis strong evidence that competition has helpedimprove the performance of prisons across theboard.

ACTION: We will introduce a phased programmeof contestability for Prison and ProbationServices – putting out particular services totender. This will build on what we have alreadydone in the prison estate, and will take fullaccount of our primary aims of protecting thepublic and reducing re-offending. Our programmewill be published in a prospectus this Spring,outlining the timetable and areas of service inwhich we will introduce contestability.

Restructuring probation to

reduce re-offending

5.8 At present, Probation Boards are statutorybodies with the right to provide all probationservices. We want to bring the benefits of ourcommissioning model to probation services,bringing in more different providers, and driving upstandards to make probation work more effective.We believe both new providers and the ProbationService can do better at providing effectiveinterventions for offenders in the communitywhich will help to reduce re-offending.

5.9 We recently consulted on our proposal tochange Probation Boards into Probation Trusts– which would have contracts with the RegionalOffender Manager. We will publish a full analysisof the consultation responses. A wide range ofconcerns were expressed about the proposalsalongside some support for bringing in newproviders, and for the discipline which acommissioning approach will bring.

ACTION: We will legislate to turn ProbationBoards into Probation Trusts. We will carefullyconsider the results of the consultation as wedo so to make sure that we can overcome anyrisks and practical difficulties, but still get thebenefits of commissioning. As and whencompetition results in changes of provider, wewill make sure that any staff who transfer to newemployers are covered by TUPE protection oftheir terms and conditions and fair deal protectionfor their pensions. ‘Two-tier workforce’ protectionwill apply to new staff recruited by a contractorto work on public sector contracts, to ensure wewill not see big gaps in pay and conditionsopening up between public and private providers.

Leadership

5.10 As we make these changes, we willdevelop and support leadership in every part ofthe system – building up the skills of those whowill commission services and making sure thatthere are excellent leaders in our prisons, inprobation trusts, and in other providers.

5.11 We want to give good leaders in oursystem the opportunity to make a real difference,by giving them more independence from thecentre so that they can drive change and beinnovators.

ACTION: We will develop plans to give somehigh-performing prisons and probation trustsgreater freedom and independence from thecentre, and will consider with our providers whatkinds of freedom would be most useful to themin improving the way they work.

Supporting our staff

5.12 We also need to value and develop thestaff who work with offenders, making surethat they are supported to be professional andeffective, have clear roles and responsibilities,and get the training and development theyneed. This will apply whether they work for thePrison and Probation Services, or for private,voluntary or community sector providers. Wewant to make an extra effort to make sure thatwe have the right people managing offenders,with the right skills.


5.13 We have already done a great deal tomake sure that we recruit and retain the rightstaff, and that they are supported and trained todo their jobs well. Places for trainee probationofficers are always oversubscribed, retentionrates are very good, and training units makesure staff get the training they need. The PrisonService also has a number of schemes to recruitand retain high quality staff at all levels, includinga fast-track management programme called theIntensive Development Scheme. The next stepis an £8 million programme to professionalise theprison workforce still further through improvedand accredited training for all grades.

5.14 The Prison and Probation Services havealso made important progress in improvingthe diversity of the workforce, particularly inrecruitment from black and minority ethniccommunities. We will set targets for furtherprogress, and we expect new providers todemonstrate similar commitment.

5.15 We will also act to make sure that newproviders take training and development forstaff at least as seriously as the Prison andProbation Services have done.

ACTION: We are working with Skills for Justice(the sector skills council) on learning anddevelopment needs for staff working in offendermanagement, including new occupational

standards and learning and developmentstandards, which will be part of all offendermanagement contracts. Every person whoworks with offenders will have clear standardsto meet; and every organisation that employsthem will have to invest in their skills andprofessional development.

Assessing the impact of

our strategy

5.16 As we put our strategy into practice, wewant to make sure that it is having the effects weintended, and in particular that it is helping us tocut re-offending, and to work more effectivelywith a diverse group of offenders.

ACTION: We will carefully monitor our strategyin practice, looking at re-offending rates to judgeour success. We have carried out regulatoryimpact assessments on specific elements of thestrategy as policies have been developed, wewill continue to do so and draw out an analysisof the overall impact of the strategy. We will alsospecifically assess the impact of our strategy onrace and diversity, because we know that we needto do better in the future than we have done inthe past.


Taken together, our strategy describes the mostradical change for generations to the way wemanage offenders. It will underpin the rule oflaw, protect the public, and turn offenders’ livesaround in a way that reduces re-offending andmakes the country safer.

Below, we set out our outline timetable for change:

Already, following the Criminal Justice Act in

2003 we have

● Set up the National Offender Management

Services to bring together Prison and

Probation Services

● Introduced a new community order and

suspended sentence order

● Introduced public protection sentences

● Trialled intermittent custody

● Placed regional offender managers in

each of the government office regions

and Wales

● Introduced electronic tagging on bail

● Launched a delivery plan on reducing

re-offending

● Set up 3 alliances with the local partners,

the corporate sector, and faith and

voluntary and community groups to

tackle re-offending

By 2007 we will have

● Laid out our plans for contestability in a

detailed prospectus

● Introduced legislation to set up

probation trusts

● Set out our strategy for the prison estate

● Ensured that offender management roll

out is well under way

● Introduced the new short prison sentence

of custody plus

By 2009 we will have

● Introduced day fines

● Completed the roll out of offender

management to all offenders

● Made ‘going straight’ contracts an

integral part of working with offenders

● A better IT system for managing offenders

with the current OASys system fully

integrated into C-NOMIS

● Legislated for a new sentencing

framework for juveniles

Our long term aim

● A10% reduction in re-offending and a

safer society

● A system that protects the public,

punishes all offenders and rehabilitates

and resettles offenders to reduce the

risk of further crime

Chapter 6

Timetable for change


What is the overall focus?

The consultation sets out proposals forimproving services to victims that deliver helpthat is immediate, local, practical and tailoredto the victim’s needs. The range of options putforward in the consultation, alongside existingmeasures and recent initiatives (some detailedbelow) will provide a single point of contact toensure end-to-end support for victims andwitnesses of crime.

What are the main areas covered?

The consultation sets out improvements

to date through

● The new Code of Practice for Victims ofCrime, and the Witness Charter whichprovide for victims and witnesses to be betterinformed about police action and theprosecution of their case

● The establishment of 165 Witness CareUnits to provide support to witnessesattending court

● Giving victims a greater voice in the CriminalJustice System such as having theopportunity to explain to the court how thecrime has affected them

● The increase in funding since 1997 to VictimSupport (including the Witness Service) fromunder £12 million to £30 million.

The consultation also suggests new ways of improving support for the victims andwitnesses through:

Victim Care Units

● The consultation sets out a range ofoperating models, costs and a timetable fordelivery of the manifesto commitment for “anationwide network of witness and victimsupport units that provide practical help”

● Victim Care Units (VCUs) would ensure thatthe practical and emotional needs of victimswere met in a timely way, and would beprovided by a mixture of volunteers andprofessionals. The point is that services wouldbe tailored to the needs of the individual

● We have outlined 4 options for delivering VCUs.

Option 1: Voluntary sector-led VCUs – byworking closely with voluntary sector providers,particularly Victim Support, to develop a greaterspecification of services, an expansion of therange of services and to bring the needsassessment process nearer to the report of thecrime and speed up the service delivery. VictimSupport would receive additional funding toprovide an enhanced range of services providedby a mix of volunteers and specialist staff.

Option 2: Voluntary sector and policepartnerships – a partnership of the voluntarysector and the police. This would be similar tothe current police and CPS partnerships in theWitness Care Units.

Option 3: Police-led VCUs – a network ofpolice-led VCUs separate from the currentvoluntary sector providers.

Option 4: National Victim Care Helpline – anational helpline available round the clock toprovide victims with advice and information on thesupport services in their local area and arrangefor services, along the lines of NHS Direct.

Annex A

Summary of the consultation“Rebuilding Lives – Supporting Victims of Crime”

38 ANNEX A SUMMARY OF THE CONSULTATION “REBUILDING LIVES – SUPPORTING VICTIMS OF CRIME”

There is £1 million available to establish pilotprojects to test different models. We aim to havepilots up and running by the end of the year.

Criminal Injuries Compensation Authority

(CICA)

● We want to target resources better and moreimportantly to ensure that the best use ismade of existing resources to meet theneeds of victims;

● The consultation proposes more money forthe more serious crimes, speedier paymentsand increasing the maximum award limit

● It also proposes refocusing the Criminal InjuryCompensation Scheme (CICS) around theconcept of ‘seriousness’ in terms of the injury.We have asked for views on how best to define‘seriousness’. Whichever definition is used, wepropose that those injuries which did not fallwithin the definition would no longer receivefinancial compensation from the scheme butwould benefit from improved support servicesas quickly as possible after the crime

● We believe that many victims of less seriousoffences need early, practical support, suchas help with personal safety and counsellingto deal with, for example, mental shock, ratherthan relatively small amounts of financialcompensation which arrive long after the crime

● The Scheme was intended as compensationfor violent crime deliberately inflicted on thevictims; it was never intended to be a substitutefor employers’ insurance, or to pay compensationfor anything other than violent crime. There isa real debate to be had about whether theCICS should cover these cases

● The consultation also proposes that victimsof fatal cases and sexual offences, includingthose against children, will continue to receivefinancial awards.

Victims’ Fund

Our consultation paper sets out our plans for theCommissioner for Victims and Witnesses toplay a key role in recommending where best tospend future resources under the Victims Fund.We are inviting views on whether the focus of

the fund should be widened to cover otherserious crime types and will pass these on tothe Commissioner, once appointed.

The Fund was launched in 2004 with an initialallocation of £4 million over two years to supportthe development of services for victims ofsexual crime. Grant funding was made availableto organisations and projects across the statutoryand voluntary and community sectors providingservices to victims of sexual violence and abuse.

The Victims’ Fund has already supported awide range of services for a broad cross-sectionof victims affected by sexual violence andabuse. Grants have been awarded to:

● Strengthen and develop good qualityVoluntary and Community Sector (VCS)support services to ensure greater coverageand consistency;

● Increase the coverage of Sexual AssaultReferral Centres (SARCs);

● Produce an innovative Care and Evidencetraining package for front line professionalsthat brings together for the first time the care/health and evidence/investigation aspects; and

● Produce a free publication entitled FromReport to Court: A Legal Handbook for AdultSurvivors of Sexual Violence.

Many victims have benefited directly from theinjection of funding into these services and theincreased availability of local, specialist servicesis making a real difference to people’s lives.

A further £1.25 million is going into the Victims’Fund in 2006-07 to continue the development ofsupport services for victims of sexual crime.The new funding scheme will enable us to buildon the success of the previous scheme and willagain seek to develop and increase capacity inexisting organisations. Full details about thenew scheme and guidance on how to apply canbe found on the Government Funding websiteat: www.governmentfunding.org.uk.

The intention is, in the longer term, that theVictims’ Fund will be funded from a victimsurcharge on criminal convictions, for whichenabling powers were taken in the DomesticViolence, Crime and Victims Act 2004.


The Act sets out that sentencing has five main purposes:

● to punish offenders

● to protect the public

● to reduce crime

● to reform and rehabilitate offenders

● and to make reparation by offenders to thoseaffected by their offences.

Under the Act, all existing community penaltiesare replaced with a single Community Order

which enables sentencers to select therequirements attached to the order from a rangeof options. The options can include, for example,a requirement that an offender undertakeunpaid work in the community, be subject to acurfew which is electronically monitored, orattend a drug rehabilitation programme.Sentencers can combine and tailor therequirements to ensure that they are particularto the needs of both the public and the offender– twelve requirements are available altogether.

The new sentences of Custody Plus and theSuspended Sentence Order are designed toreplace short and ineffective prison terms.Custody Plus will apply to sentences of lessthan 12 months and will combine a specifiedperiod of custody with a period of supervision in the community.

For those sentenced to custodial terms of 12

months or over new arrangements have beenintroduced which mean that an offender willserve half their sentence in prison, and thewhole of the second half under licence in thecommunity. Breach of any conditions of theirlicence can result in them being returned to prison.

Protecting the public from

dangerous offenders – new

Public Protection Sentences

In April 2005 two new sentences introducedunder the Criminal Justice Act 2003 becameavailable to sentencers. The new sentences, anIndeterminate Sentence of Imprisonment for

Public Protection and an Extended Sentence

for Public Protection, are specifically designedto deal with those offenders who present asignificant risk to the public.

Where the court assess a sexual or violentoffender as posing a significant risk to the public,and the offence committed carries a maximumpenalty of ten years or more, they may imposean indeterminate custodial sentence for publicprotection. Where the same circumstances existbut where the sexual or violent offence carries a maximum penalty of less than ten years, thenthe court may impose an extended sentence forpublic protection.

Where an indeterminate sentence is imposed theoffender will not be released into the communityuntil the Parole Board assess that it is safe to doso. In some cases, this may be never.

Annex B

The Criminal Justice Act 2003

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Documents

A five year strategy for protecting the public and reducing re-offending