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Elected Members Induction Pack
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Contents Background to Community Justice Authorities ....................................................................................... 1
Background and Role .......................................................................................................................... 1 Governance Arrangements ................................................................................................................. 1 Area Plans 201 1-14 ............................................................................................................................. 2 Additional Areas of Ongoing Work ...................................................................................................... 2 Map of Scotland's eight Community Justice Authorities ..................................................................... 3 Community Justice Authorities contact details .................................................................................... 4
Member of the Community Justice Authority: Role Description .......................................................... 5 What is expected of a Member of the Community Justice Authority? ................................................. 5 Convener of the Community Justice Authority: Role Description ....................................................... 6 What is expected of the Convener of the Community Justice Authority? ........................................... 6 Remuneration of CJA Conveners ........................................................................................................ 7
Terms of Reference/ Remit ..................................................................................................................... 8 Chief Officer Group .............................................................................................................................. 8 Membership ......................................................................................................................................... 8 Frequency ............................................................................................................................................ 8
Conveners Meetings ............................................................................................................................... 8 Remit ................................................................................................................................................... 8 Membership ......................................................................................................................................... 8 Deputising ............................................................................................................................................ 8 Frequency ............................................................................................................................................ 8
CJNCOSLA ............................................................................................................................................ 9 Purpose ............................................................................................................................................... 9 Recommendations ............................................................................................................................... 9 CJA Engagement with COSLA Structures .......................................................................................... 9
Joint Activities .................................................................................................................................... 10 Policy Performance and Communications Group (PPCG) ................................................................ 10 Finance Officers Group ..................................................................................................................... 10 HR Sub Group ................................................................................................................................... 10
Key People ............................................................................................................................................ 12 SPS Board of Directors ..................................................................................................................... 12 Association of Directors of Social Work (ADSW) .............................................................................. 12 Society of Local Authority Chief Executives (SOLACE) ..................................................................... 13
Justice Directorate Community Justice Division ................................................................................... 14 Community Integration Unit ............................................................................................................... 14 Community Justice Organisations and Systems Team ..................................................................... 15 Effective Practice Unit ....................................................................................................................... 15 Penal Policy and Reducing Reoffending Unit .................................................................................... 16
Scottish Government ............................................................................................................................. 17 Office of the First Minister .................................................................................................................. 17 Justice ................................................................................................................................................ 18
Partner 3rd Sector Organisations ......................................................................................................... 19 Synopsis of Key Documents ................................................................................................................. 20 Management of Offenders (Scotland) Act 2005 .................................................................................... 20 Criminal Justice and Licensing (Scotland) Act 201 0 ............................................................................. 21 Reforming & Revitalising: Report of the Review of Community Penalties (Scottish Government, 2007) .............................................................................................................................................................. 22
'Scotland's Choice' Report of the Scottish Prison's Commission 2008 ................................................ 23 Fair Fast and Flexible Justice ............................................................................................................... 24 Audit Scotland Overview of Scotland's Criminal Justice System .......................................................... 25 Commission on the Future Delivery of Public Services ........................................................................ 26 Reducing Reoffending Programme ....................................................................................................... 27 Governance and Infrastructure Manual for CJAs ................................................................................. 28 Financial Memorandum ........................................................................................................................ -28 Commission of Women Offenders Report ............................................................................................ 29 Glossary and Definition of Terms .......................................................................................................... 31
Role and Responsibility ........................................................................................................................... 5
COSLA Engagement with the CJAs .............................................................................. : ..................... 9
Background to Community Justice Authorities
Background and Role
Scotland’s eight Community Justice Authorities (CJAs) were established by the Management of Offenders etc (Scotland) Act 2005. The CJAs are tasked with working in partnership to reduce re- offending and contribute towards a safer and stronger Scotland. A map showing the eight areas and their respective local authorities is included at Annex A.
As devolved public bodies with strategic planning, monitoring and reporting functions, CJAs’ functions (as outlined in the legislation) include the following: 0
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To prepare, in consultation with its partner bodies and Scottish Ministers, an area plan for reducing re-offending. To submit this plan to Scottish Ministers; and to report annually on the delivery of services in compliance with the plan. To monitor the performance of bodies responsible for the delivery of these services; To promote good practice in the management of offenders. To allocate resources provided by Scottish Ministers to local authority criminal justice social work services; and act as the accountable body for the management of the Criminal Justice Social Work (Section 27) grant. To arrange with partner bodies for the sharing of information relating to relevant persons. 0
Governance Arrangements
Each CJA is governed by a Board of Local Authority elected members (See Annex B for further detai I s) .
In addition CJAs bring together a broad range of agencies to coordinate the delivery of quality services for offenders and their families at a local level.
This partnership working reflects the challenges involved - no single agency can deliver a reduction in re-offending.
CJAs, local authorities and the Scottish Prison Service share a special relationship defined as a “duty to co- operate’’.
CJAs’ statutory partners include these duty to co-operate partners, as well as Police, Crown Office and Prosecution Service (COPFS), Scottish Court Service, NHS and Third Sector Organisations. Additional partners may be invited to attend CJA board meetings or working groups, as locally determined.
Each CJA employs a Chief Officer and support staff to carry out the functions of the CJA.
Scottish Prison
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Area Plans 201 1-14
The current CJA Area Plans cover the three year period 201 1-14 and were approved by the Cabinet Secretary for Justice in September 2010. The Area Plan outlines local strategic priorities and further information on each of these can be found on the relevant CJA website.
The 201 1-14 Area Plans also include four national strategic aims agreed between CJAs, Scottish Prison Service, ADSW and CoSLA. a. Improve joint working practices We will promote joint working practices in order to enhance service delivery, create efficiencies and reduce re-offending. For example, the current Multi Agency Public Protection Arrangements (MAPPA), for managing sex offenders in the community, suggest that better joint planning across prison and community settings delivers better outcomes for offenders, and for communities.
b. Improve information sharing We believe that sharing information is vital to effective service delivery. CJAs are committed to promoting and improving information sharing amongst all partners. This will reduce duplication and avoid repeated assessments in different settings. For example, a new shared assessment and case management tool - Level of Service/ Case Management Inventory (LS/CMI) - is being rolled out across Criminal Justice Social Work Services and the Scottish Prison Service to assist the joint assessment and management of offenders’ risks and needs.
c. Improve community integration We recognise that the majority of offenders have experienced multiple disadvantages from their early years. By linking offenders into community-based support (including housing, employment, health and family) we can increase community safety and reduce re-offending. For example, Tayside CJA has developed a set of ‘pathways’ for short-term prisoners, covering substance use, employability, healthcare information and homelessness. These inter-agency protocols aim to enable joint working and improve integration between prison and community based services. Other CJAs are now adapting the Tayside model for their own areas.
d. Improve shared management of resources and policy development In the current economic climate, all organisations recognise the need to do more with less. We promote the sharing of resources across organisational and geographical boundaries to ensure that we get best value. For example, South West Scotland CJA has an area-wide Programme Delivery Team within Criminal Justice Social Work, delivering accredited programmes for offenders on community sentences. This team covers four local authority areas, and enables sharing of specialist staff, resources and best practice across these boundaries.
Additional Areas of Ongoing Work
Beyond these national strategic aims there are other areas of ongoing work which are important to the success of CJAs and the development of an effective and credible system of community justice. Some examples include:
a. Promoting public confidence in the Criminal Justice system Increasing the visibility of the Criminal Justice system can improve public confidence that its constituent parts are working together effectively. Publicising the work of the criminal justice system can illustrate improvements, including issues of speed and efficiency in dealing with cases, and highlight positive outcomes. Victims and witnesses have particular needs within the system and it is vital that they are engaged in the process.
b. Engaging with others Responsibility for reducing re-offending goes beyond criminal justice agencies. Communities have a vital role to play in preventing, diverting and rehabilitating those at risk of, or involved in, offending. Mainstream services such as housing, health, education, skills development and literacies also make a significant contribution, as we know these have a protective factor in reducing re-offending. Involvement with local partnerships offers us an opportunity to influence their priorities and ensure that reducing offending and re-offending remain high on the agenda. For example, by working with our local Community Planning Partnerships and Alcohol and Drug Partnerships we can ensure offenders’ needs are recognised and met in relation to these wider community-based services.
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c. Implementing national legislation By working together with our local partners, CJAs aim to ensure legislation is well understood and effectively implemented by all relevant stakeholders, with ongoing monitoring to understand its impact.
Map of Scotland’s eight Community Justice Authorities
Community Justice Authorities -..O --.
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Community Justice Authorities contact details
Clackmannanshire Fa1 kirk
Aurhority Stirling
Fife & Forth Valley Community Justice Fife
1 10 Fife & Forth Valley Glebe Hall www.ffvcja.co.uk 3 Anne Pinkman Burgh Mews TelOl259 727435 4 2 [email protected] Alloa, FK10 1 HS
Community [email protected]
[email protected] k Peebles, EH45 8HL I i T i n i A \ . a IuTKI)I 1%
l=,A*.?x11 L n l * West Lothian Aberdeen City 1 7 Northern The Annex, Woodhill www.northerncja.org.uk
Peter Willox Aberdeenshire
[email protected] Westburn Road Eilean Siar Highland Moray Aberdeen, AB16 5GB Orkney
TelOl224 665780 House
Shetland Argyll and Bute 1 6 North Strathclyde Unit 905, Mile End Mill www.nscja.co.uk East Dunbartonshire East Renfrewshire lnverclyde Renfrewshire West Dunbartonshire
Jim Hunter 12 Seedhill Road 01418876133 [email protected] Paisley, PAI 1 JS R w t n Ur.tt?rdydr cla
mmmunlty ,urtu@ auihonly
jmurra yswscja@north- Irvine, KA12 8RL ayrs hi re.gsx.g ov. u k
Howard Llewellyn Overgate 01382435394 [email protected] Dundee, DD1 1 UH
r n * l U m c e ~
tayslde Angus 2 6 Tayside Floor 7, City House www . taysr decja .org . u k
J-ce Perth & Kinross C Q m r P W t Y Dundee City
authority
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Role and Responsibility
Member of the Community Justice Authority: Role Description
Key Purpose 0 To provide political and strategic leadership to the Community Justice Authority particularly in respect of the
development and implementation of the Authority’s Area Plan to reduce re-offending; monitoring of the Authority’s budgets and contributing to the effective governance of the Authority.
What is expected of a Member of the Community Justice Authority? 1. 2.
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7. a. 9.
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Being interested in improving outcomes and life chances for offenders, their victims and their families.
Regular attendance at meetings of the Community Justice Authority (usually four times per year) and any Sub- committees of which you are a member.
Reading the relevant reports and papers prior to such meetings and keeping up to date with issues affecting community justice.
Understanding that when acting in your capacity as a Member of the Community Justice Authority you are required to put the interests of the Community Justice Authority first and foremost in your considerations.
Treating other members, partners and employees of the Community Justice Authority with respect and dignity.
Respecting the authority of the Convener at any meeting of the Community Justice Authority, its Sub- committees and other meetings and complying with his or her rulings.
Contributing constructively to discussion within and about the Community Justice Authority.
Scrutinising how effectively the Community Justice Authority is performing and meeting its targets.
Respecting the confidentiality of information which has not been made public; not breaching any such confidence; and adhering to any embargoed agreements on confidential or sensitive issues.
Undertaking training necessary to equip you to fulfil your responsibilities as a Member of the Community Justice Authority.
Understanding the different responsibilities and roles of Members and officers.
Understanding and accepting your responsibilities when performing duties as the Convener of the Community Justice Authority, to apply all Standing Orders impartially and to refrain from actions or statements that might bring your impartiality into question.
Adhering to the Community Justice Authority Members’ Code of Conduct.
Time Commitment 0
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The Community Justice Authority meets four times per year with meeting lasting for around 2 hours.
In addition to attendance at meetings Members should allow time to read the reports and other papers in preparation.
Members will also have the opportunity to participate in ad hoc visits and events e.g. to local prisons, unpaid work projects, conferences and seminars. The time involved in these events can vary from a couple of hours to a couple of days.
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Convener of the Community Justice Authority: Role Description
Key PurposelRoles To lead the Community Justice Authority.
To provide political and strategic leadership to the Community Justice Authority particularly in respect of the development and implementation of the Authority’s Area Plan to reduce re-offending; monitoring of the Authority’s budgets and contributing to the effective governance of the Authority.
To ensure that effective working relations are developed between the Community Justice Authority and its partners in order to promote the best interests of offenders, their victims and their families.
What is expected of the Convener of the Community Justice Authority? 1.
2.
3.
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5.
6.
7. 8.
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Providing strategic and political leadership for the Community Justice Authority.
Giving direction to the Chief Officer of the Community Justice Authority on political matters and participating in the performance review and development of the Chief Officer.
Chairing the Community Justice Authority effectively, supporting and encouraging participation and debate by all Members of the Community Justice Authority.
Promoting partnership working with partner organisations and other service providers and ensuring effective working relationships with all Members, officers and partner organisations are developed and maintained.
Being the political figurehead and providing an external focus for the Community Justice Authority including handling media and press enquiries.
Participating effectively in the National CJA Conveners Group, acting as the principal representative of the Community Justice Authorities in discussions and meetings with Scottish Ministers, Scottish Government, CoSLA and other national bodies.
Being fully aware of relevant legislative and national and local policy frameworks.
Ensuring that that the political decision-making structures of the Council operate effectively and that decisions taken are followed through appropriately.
Monitoring, reviewing and commenting on performance and budget.
Time Commitment The Community Justice Authority meets four times per year with meeting lasting for around 2 hours.
In addition to attendance at meetings the Convener should allow time to read the reports and other papers in preparation and to meet with the Chief Officer in advance of the meeting.
The Convener will also have the opportunity to participate in ad hoc visits and events e.g. to local prisons, unpaid work projects, conferences and seminars. The time involved in these events can vary from a couple of hours to a couple of days.
The Convener should meet regularly with the CJA Chief Officer.
In addition to their duties locally the Convener is involved at a national level:
CJA Conveners meet together to provide political oversight and accountability to the collaborative work of CJAs nationally. (4 days per year)
CJA Conveners are members of the CoSLA Community Safety Executive Group. (4 days per year) Representatives of the CJA Conveners will usually meet with the Cabinet Secretary for Justice annually and with other Scottish Ministers as required.
CJA Conveners and Chief Officers meet with officials from the Scottish Government Community Justice Division as required.
CJA Conveners and representatives of CoSLA meet as required in order to discuss issues of shared interest around community justice.
CJA Conveners meet with other national organisations (eg Scottish Prison Service Board) as required
The Chair of the CJA Conveners Group takes on additional responsibilities for example by representing CJAs nationally at particular events, writing to Scottish Government, submitting responses to consultation etc.
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0 In advance of their meetings with Scottish Ministers CJA Chief Officers and CoSLA will contribute to a briefing note for the Conveners involved with a pre-meeting briefing providing a further opportunity to support Conveners.
Remuneration of CJA Conveners The Scottish Local Authorities Remuneration Committee considered the position of CJA Conveners and Vice Conveners as part of its 2010 Review of Remuneration for Local Authority Councillors. ( http://www.scotland .aov.uk/Topics/Governmentlocal-aovernmentaovernance/SLARC/Review20 1 O#tou )
0 The Review noted that this is the only area where the role and responsibilities of the convener is led nationally with a stronger emphasis on meeting national outcomes.
0 Evidence given to the review suggested that the roles and responsibilities of CJA Conveners were similar to those of a convener of a fire and rescue joint board.
The Review therefore recommended:
Recommendation 25: That the salary for conveners of community justice authorities should be 40 per cent of that paid to the leader in a Band A council i.e. f25,221.
Recommendation 26: That conveners of community justice authorities, who are senior councillors in their own council, should receive either the level of salary for a community justice authority convener or the level of salary for a senior councillor, as determined by hidher own council whichever is the higher.
Recommendation 27: That no additional salary should be paid to vice conveners of community justice authorities. (page 49)
However in their response to the Review the Scottish Government advised that in light of the public sector spending cuts and the need for continuing pay restraint across the public sector that the recommendations of the 2010 Review report would not be implemented at this time.
The Scottish Government have committed to "look again at the SLARC recommendations next year, ahead of 2013-14, to see what is affordable, sustainable and appropriate at that time."
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Terms of Reference/ Remit
Chief Officer Group
The group will operate as a strategic forum and will aim to:
0 Establish and maintain a common vision of the Community Justice Authorities in Scotland, and of the role of the Chief Officer.
0 Direct the business of the Chief Officers, in terms of distributing individual pieces of work, co-ordinating responses as required. Provide a forum for information sharing and for mutual support
Membership
CJA Chief Officers may attend, and invites may be extended to others, by prior agreement of the group as outlined in the protocol for deputising
Chief Officers of the 8 Community Justice Authorities (CJAs) in Scotland have agreed in principle that:
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Frequency
No person other than a Chief Officer can attend meetings as a 'Chief Officer', this function cannot be delegated.
It is the role of the Chief Officer to disseminate relevant information to staff as required from the meetings.
CJA staff may be invited to join meetings from time to time as required.
If representing the Chief Officer, any CJA staff members asked to express a view should only do so if the matter has already been considered and agreed with the relevant Chief Officer or CJA Chief Officers collectively.
Meets on every 2nd Tuesday of each month 0 Chairing of the meetings will rotate round Chief Officers
Conveners Meetings
Remit
Share views on wider strategic issues and promote two way communication flow. 0 Strive to reach consensus through discussion on issues of joint interest.
Membership
Conveners only to meet (a.m.) and to meet jointly with Chief Officers (p.m.) 0 CJDIADSWKPS etc would be invited to attend these meetings as appropriate.
Deputising
0 Vice Conveners would be welcome to attend joint CJA meetings, where the Convener was unable to attend, should they have wish to do so.
Frequency
4 meetings per year (quarterly)
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CJNCOSLA
Purpose
The purpose of this document is to provide a working outline of the ways in which CJAs and COSLA interact and com mu n ica te.
Recommendations
Conveners and Chief Officers are encouraged to discuss and, if necessary, amend the paper and to agree a final framework for the CJNCOSLA relationship
Background
After 4 years of working well together, it was recognised that there may be ways in which COSLA and the CJAs could consolidate and build upon the partnership approach to criminal justice matters they had so far developed.
CJAs are constituted as organisations which are independent of any other party including the Local Authority. However, the CJAs role necessitates good relationships and understanding between all related partners. Both COSLA and CJAs recognise each other as key partners and this paper seeks to clarify and encourage that relationship.
COSLA officers produced an initial paper which was discussed by the Conveners in August 2010. CJAs agreed to discuss the matter further and provide COSLA with further text.
This paper is a final draft for consideration and agreement.
CJA Engagement with COSLA Structures
All CJA Conveners are full members of the Community Safety Executive Group, supported by 1 nominated Chief Officer. All CJA Conveners, the Central Support Manager and all CJA Officers will receive papers for the Executive Group one week in advance of the meeting. CJA Conveners may suggest items of mutual interest for the agenda.
While all CJA Conveners are full members of the Community Safety Executive Group, it is recognised that their function also relates to issues addressed in the:
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Community Wellbeing and Safety Executive Group Heath and Social Care Executive Group Education, Children and Young People Executive Group
COSLA therefore extends a rolling invitation for 1 Convener to participate in these Executive Groups. They will not however be considered full members and will not have voting rights should that become relevant. A Chief Officer is also invited to attend. All CJA Conveners, the Central Support Manager and all Chief Officers will receive papers for the Executive Groups one week in advance of the Meeting. The Central Support Manager will take responsibility for confirming attendees with the relevant COSLA secretariat support.
Where COSLA attends a national group alongside CJA Conveners, a COSLA officer will provide the relevant Convener with a briefing note.
COSLA Engagement with the CJAs
Much work goes on within and between CJAs. Many of those areas of policy which are relevant to all CJAs will have a national policy focus and political focus which is also relevant to COSLA. The Joint CJA Conveners and Chief Officers meeting held at the COSLA offices immediately after the Community Safety Executive Group is an ideal opportunity to ensure that COSLA is able to understand and engage with CJAs on matters of collective interest to them and vice versa.
However, this is a joint meeting for CJA Conveners and Chief Officers and not all aspects of the meeting will be relevant to COSLA. As such, the COSLA Spokesperson for Community Wellbeing and Safety Executive Group will be invited to participate as relevant and may suggest potential agenda items to the Chair of the Group for consideration. A COSLA officer will have a standing invitation to attend. The Central Support Manager will ensure that COSLA receive a timely invitation and are copied in to any relevant papers one week before the meeting.
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Joint Activities
COSLA and CJAs agree to keep each other informed of any relevant ongoing policy development they participate in and where possiblelrelevant, to work jointly on any significant policy proposals.
COSLA often meets with Scottish Government on Criminal Justice matters, as do CJA Conveners. Given the collaborative nature of our work, COSLA Spokespeople and CJA Conveners agree to organise at least one annual joint political meeting with Scottish Government and beyond that as agreed or necessary.
Policy Performance and Communications Group (PPCG)
The PPCG has been established with the following remit, to:
develop a two way route for information between the COG and the PPCG develop a national performance framework develop key documents - area plandannual reports/newsIetters/e updates provide assistance to Chief Officers to develop national policy provide an opportunity to share best practice explore and share opportunities for funding
Roles and Responsibilities
Chair (Chief Officer for Lothian and Borders)
To chair and arrange substitute chair when required (CO Glasgow CJA) To aide communication with the COG and others To agree timescales and identify lead officers for specific pieces of work
Planning Officers
develop a national performance framework develop key documents - area plans/annual reports/newsIetters/e updates provide assistance to Chief Officers to develop national policy share best practice
Central Support Manager - National
Request agenda items from the PPCG for meetings two weeks prior to meeting dates Circulate agenda and associated papers one week prior to meeting. Record minutes Circulation of paperslagendalminutes
Finance Officers Group
The CJA Finance group has the remit of establishing areas of shared best practice across CJA finance, in particular the allocation and management of Section 27 grant allocation (ring fenced CJSW funding from Scottish Government). The group is chaired by the Chief Officer with responsibility for the finance portfolio and is attended by the 8 CJA finance officers as well as representation from Scottish Government Community Justice Division and Audit Scotland.
HR Sub Group
To follow
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CJA COMMUNICATION FLOW NATIONAL LEVEL
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Key People
CJA area 1
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3
4
5 6 7
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SPS Board of Directors
Establishment Governor Inverness Angus MacVicar Peterhead Mike Hebden Aberdeen Audrey Mooney Greenock Jim Kerr Low Moss' Michael Stoney Cornton Vale Teresa Medhurst Glenochil Dan Gunn Polmont Kate Donegan NoransideL N/A Perth Mike lnglis Castle Huntly Jim Farish Barlinnie Derek McGill Shotts lan Whitehead Edinburgh Sue Brookes Addiewell Audrey Park (Director) Kilmarnock Sandy McEwan Dumfries Martyn Bettel
Colin McConnell Chief Executive Stephen Swan Rona Sweeney Director of Prisons Dr Andrew Fraser Eric Murch, Willie Pretswell, Allan Burns CBE, Non-Executive Director Jane Martin, Non-Executive Director Susan Matheson OBE, Non-Executive Director Bill Morton, Non-Executive Director Harry McGuigan, Non-Executive Director Zoe van Zwanenberg, Non-Executive Director
Director of Human Resources
Director of Health and Care Director of Partnerships and Commissioning Director of Finance and Business Services
www.sps.nov.uk
Association of Directors of Social Work (ADSW)
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Sandy Riddell, Convener of the Criminal Justice Standing Committee Yvonne Robson, Manager for Transformational Change Wendy Harrington, Manager for Transformational Change Jane Devine, Parliamentary and Communications Office
www.adsw.ora.uk
HMP Low Moss opened lgth March 2012
Merged with Castle Huntly Open Estate
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Society of Local Authority Chief Executives (SOLACE) www.solacescotland.org.uk
Office Bearers and Members of the Executive Committee
Ronnie Hinds
David Martin
David Hume
David Dotward
Chair
Vice-Chair
Honorary Secretary
Honorary Treasurer
Immediate Past Chair BernadeHe
Convention of Scottish Local Authorities COSLA
This section will be populated with names etc following the May elections www.cosla.aov.uk
The Convention is the ruling body which has overall control of COSLA's policy and direction. It meets four times a year and consists of representatives from all member councils and political groups representing Scottish local government.
The main decision making body is the Leaders Meeting which is held eight times each year and which is attended by the political leaders from all member councils.
Responsibility for development of key policies rests with Spokespersons, each of whom has responsibility for a major policy area. The posts of Spokesperson are allocated on a cross-party basis, according to each political party's representation on the Convention. Each Spokesperson is charged with developing strategy and policy for a major policy area:
Community Safety Community Well-Being and Safety Education Children and Young People Health and Well Being Regeneration and Sustainable Development Resources and Capacity Strategic Human Resource Management
The system is designed to ensure that a wide range of councillors from across the political spectrum and across Scotland are
fully involved in the policy development process. In parallel, professional associations and officers provide professional
expertise to assist in the policy development process.
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Justice Directorate Community Justice Division
Dawn Abell
Marion Goodall
Claire Tosh
JOE GRIFFIN (Deputy Director) LX [email protected] 4(0131) 244 2613
Ruby Young (Personal Secretary) [XI rubv.vounq@,scotland.asi.aov.uk 4(0131) 244 351 1
Community Integration Unit
Subject Area Covered -
1. Women Offenders and Offender Mental Health 2. Implementation of the Recommendations from the Commission on Women 3. Interface with Mainstream Policy Areas (e.g.: Housing, Health and Education) 4. Throughcare and Cross Border Supervision 5. Electronic Monitoring Contract Tender and EU Framework Implementation 6. Community Reintegration Project 7. Directory of Interventions 8. Reducing Reoffending Change Fund 9. Secretariat for the Commission on Women Offenders
Offenders
Subject Area Name €3 Title
Jane Askew [email protected] Unit Head
Stan McLeod [email protected] Project Manager 6 - 7
Heather Wells [email protected] Policy Officer 8
James Newman [email protected] Senior Policy Advisor 1 - 4
Jackie Knox jackie. knox@scotland .Qsi . ~ o v . u k Policy Officer 5
lan Hutton ian. [email protected] .slsi .aov. u k Project Manager 6
Gordon Mason [email protected] Policy Officer 3
Kevin Fulton [email protected] Policy Officer 4
4
01312445356
01 31 244 3255
0131 244 3514
0131 244 3231
01312443662
01312444632
01312443889
01312444250
0131 244 0669
0131 244 0671
0131 244 0670
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Community Justice Organisations and Systems Team
Fiona Cowan
Subject Area Covered -
fiona.cowan@scotland .asi.qov.uk Admin 8 0131 244 4236
1. Community Justice Authorities policy and strategic support 2. Data Evaluation strategy 3. Management of the Electronic Monitoring Contact 4. Community Justice Authorities: Finance Issues 5. Voluntary Sector Liaison 6. Intensive Support Packages 7. Admin support of the Electronic Monitoring Contact 8. Administrative Support 9. Visibility of Community Payback Orders
Name
4 Subject Area Name ixI Title
txI Title Subject Area f
Graham Robertson I [email protected] I Branch Head I 1 - 6 I0131 244 3226
Monica Wilson
Anna Smith
Susan Edington I [email protected] 1 Policy Officer I 1 - 3, 9 I 0131 244 3532
[email protected] Project Manager 2 0131 2444234
[email protected] Policy Officer 1 - 8 0131 244 2654
Maurice Williams [email protected] Finance Officer 4 - 6 0131 244 5439
Carol McKegney [email protected] 4 - 6 , 8 01312444349 Finance and Admin
Sarah Stewarl
Dominic Clarke
Andrew Piggott I [email protected] I Admin 1 7 - 8 I 0131 244 4235
[email protected] Policy Adviser 1 - 8 01312444258
[email protected] Professional advisor 5 0131 244 3893
[email protected] Andrew Falconer
Effective Practice Unit
Project Manager I0131 244 6932
Subject Area Covered -
Dawn Harris
Elizabeth Hayes
1. Good Lives 2. Caledonian System 3. LS/CMI 4. Criminal Justice Workforce Learning and Development - Strategy 5. CJA Training & Development Officer 6. Co-ordination of National Training Programme Delivery 7. Quality and Impact -Accreditation 8. Standards and Practice - National Outcomes and Standards and Risk Assessment and Risk Management
[email protected] Programme Developer 1 01312442148
[email protected] Programme Developer 1 01312444633
Deirdre Watt I [email protected] I Unit Head 1 1 - 8 I0131 244 6975 I
Moira Andrew I [email protected] I Professional Adviser I 2 I I
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Penal Policy and Reducing Reoffending Unit
Name
Subject Area Covered -
4 Subject Area IXI Title
1. SG Prisons Policy 2. Prison Population 3. 4. HDC policy 5. 6. 7. Community Payback Orders Policy 8. Community Payback Orders Visibility 9. Probation 10. Community Service 11. Supervised attendance orders 12. Supervised Bail 13. Diversion from Prosecution 14. Fiscal Work Orders 15. Criminal Justice Social Work Reports 16. Youth Courts 17. Drug Treatment Orders 18. Reducing Reoffending Programme
UK/EU policy and legislation on prison and prisoners
Policy on ending automatic unconditional early release Sponsorship of HMCIP and Prison Visiting Committees
Deirdre Watt
Suzanne Lyle
Amy Finlay
[email protected] Unit Head 1-18 01312446975
[email protected] Senior Policy Adviser 21 4' ' 0131 244 4259
[email protected] Policy Manager 16 & 17 01312443841
Anna Rogerson
Ben Haynes
Hannah Keates
0131 244 3549
0131 244 6924
[email protected] Policy Manager 7 - 1 1
Reducing Reoffending 18 Programme Officer
[email protected] Policy Adviser 1-3 ,5-6 0131 244 6925
Neil Robertson I [email protected].~ov.uk I Policy Officer I7 ,9-17 10131 244 4625
Keith Evans
Steven Day
Alexander Lucas
Susan Edington I [email protected] I Policy Officer 18 I0131 244 3532
keith.evans@,scotland.asi.aov.uk Policy Officer 1, 2 , 4 & 6
2' ' 0131 244 4610 [email protected] Admin
[email protected] Admin 7 & 8 0131 244 5438
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Scottish Government
Office of the First Minister
Health, Wellbeing and Cities Strategy rst Minister and Cabinet Secretary for Health, Wellbeing and Cities Strategy
Nicola Sturgeon MSP
Minister for Public Health
Finance, Employment and Sustainable Growth Cabinet Secretary for Finance, Employment and Sustainable Growth
ohn Swinney MSP
Education & Lifelong Learning Cabinet Secretary for Education and Lifelong Learning
Michael Russell MSP
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Minister for Learning, Science and Scotland's Languages
lasdair Allan MSP
Parliament and Government Strategy Cabinet Secretary for Parliament and Government Strategy
Bruce Crawford MSP
Justice
Minister for Community Safety and Legal Affairs (with responsibility for tackling sectarianism)
Roseanna Cunningham MSP
Rural Affairs and the Environment Cabinet Secretary for Rural Affairs and the Environment
Richard Lochhead MSP
Minister for Environment and Climate Chanae
Culture and External Affairs
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Cabinet Secretary for Culture and External Affairs
Fiona Hyslop MSP Infrastructure and Capital Investment Cabinet Secretary for'lnfrastructure and Capital Investment
lex Neil MSP
Law Officers
Solicitor General
Partner 3rd Sector Organisations
Apex Scotland www.apexscotland.orq.uk
Alan Staff, Chief Executive
Sacro www.sacro.ora.uk
Tom Halpin, Chief Executive
Victim Support Scotland www.victimsupportsco.oru.uk
David McKenna, Chief Executive
Action for Children Scotland www.actionforchildren.oru.uk
Louise Warde Hunter - Head of Action for Children Scotland
Families Outside www.familiesoutside.orn.uk
Dr Nancy Loucks, Chief Executive
Circle Scotland www.circlescotland.orq
Liz Dahl Chief Executive
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Synopsis of Key Documents
Management of Offenders (Scotland) Act 2005
Introduction Sections 1-9 introduce a number of provisions which have the effect of reforming the planning and co-ordination of offender management services in Scotland. Sections 10-11 contain provision for the joint management of sexual and violent offenders.
Key Sections of the Act for CJAs Section 1 Imposes an obligation on Scottish Ministers, community justice authorities and local authorities to co- operate in carrying out their respective functions. This general duty extends to local authorities co-operating with each other in the delivery of services.
Section 2 Gives the power to co-operate between specified statutory persons for the purpose of inspection of services delivered to offenders.
Section 3 Provides an order making power to establish Community Justice Authorities (CJA) and specifies that membership of the CJA is restricted to local Government Elected Members. This section also introduces a duty on CJAs to prepare a plan for the management of offenders with an obligation to consult Scottish Ministers, local authorities and other partners: . Chief Constable . Health Board . . . Scottish Courts Service . Victim Support
Organisations in receipt of section 27 funding Crown Office & Procurator Fiscal Service
Section 3 establishes a duty to monitor the performance of local authorities and SPS in delivering services detailed in the plan and provides a power of intervention where the local authority or Scottish Prison Service does not meet the requirements within the Area Plan. There is a duty to share best practice across the local authorities and this section also provides the power for the CJA to receive and distribute monies to community justice social work services. The CJA are required to report annually to the Scottish Ministers.
Section 4 Provides a general power to allow CJAs to enter into contracts and thereby (with Ministerial direction) allow the CJA to deliver services on behalf of its member authorities. Places a duty to employ a Chief Officer
Section 5 Establishes duty on the Chief Officer to report to the Scottish Ministers where there is a failure by a CJA, local authority or SPS (if necessary outside of the annual reporting period)
Section 6, 7, 8 & 9 Deal with procedures in the case of failures by one or more of the parties, and the transfer of functions and property to the CJA
For multi agency public protection arrangements (MAPPA) the CJA must pass the Annual Report to the Scottish Government and publish this.
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Criminal Justice and Licensing (Scotland) Act 201 0
Introduction The Criminal Justice and Licensing (Scotland) Bill was introduced to Parliament in March 2009. In introducing this Bill the Cabinet Secretary for Justice said, “Evidence shows that short sentences do not work. Instead we must tackle the persistent problem of offending and re-offending through speedy and tough community penalties that are rigorously enforced. We must ensure that offenders pay back the communities they harm.” The Bill received Royal Assent on 6‘h August 2010.
Community Payback Orders (CPOs) & Presumption Against Short Term Sentences Section 14 of the Act amends the Criminal Proceedings (Scotland) Act 1995 Section 227 by inserting: “227A Community payback orders Where a person is convicted of an offence punishable by imprisonment, the court may, instead of imposing a sentence of imprisonment, impose a community payback order in respect of the offender.” A Community Payback Order will comprise one or more of the following requirements:
0
0 a supervision requirement 0 a programme requirement 0 a residence requirement 0
0 a drug treatment requirement 0 an alcohol treatment requirement
an unpaid work or other activity requirement
a mental health treatment requirement
Where an offender is convicted of an offence other than one punishable by imprisonment, the court may impose a community payback order in respect of the offender imposing a level 1 unpaid work or other activity requirement, or such a requirement together with a supervision requirement. In the Act, an “unpaid work or other activity requirement” is a requirement that the offender must, for the specified number of hours, undertake (i) unpaid work and (ii) another activity. Level 1 refers to no more than 100 hours and Level 2 can be between 100- 300 hours.
CPOs have been introduced with effect from 1st February 201 1 to replace Community Service Orders, Probation Orders and Supervised Attendance Orders. The latest figures for community payback orders imposed are now available on the Scottish Government website3. Local authorities have a duty to consult with communities around CPOs and guidance has been produced to assist with this. 4
Section 17 deals with the presumption against short periods of imprisonment. The court must not pass a sentence of imprisonment for a term of 3 months or less on a person unless the court considers that no other method of dealing with the person is appropriate and where a court passes such a sentence, the court must state its reasons for the opinion that no other method of dealing with the person is appropriate.
Conclusion These two measures are a means to reduce the prison population (ensuring that prison is used for the most appropriate offenders) as well as ensuring that robust, reparative community penalties are in place, which the public can have confidence in.
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime- Justice/Datasets/CPOs/Q/EditMode/on/ForceUpdate/on
http://www.scotland.gov.uk/Resource/Doc/925/0113627.pdf
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Reforming & Revitalising: Report of the Review of Community Penalties (Scottish G over n me n t , 20 07)
Introduction
In the foreword to the report, the Justice secretary states: “...we have not always done enough to make sure offenders are clearly paying back to the communities that they have offended against - in a way which that community wants and can see.” This goes to the heart of the report. The policy reform is set against a backdrop of a fall in recorded crime and a rise in the prison population.
Key messages The-main purposes of punishment should be: protection of the public; punishment and deterrence; payback; and rehabilitation and reintegration. Short term prison sentences have a high reoffending rate (75% for under 6 months) and receptions into custody of this population increase the ‘churn’ at a significant cost to the public. Community penalties must be: high quality, effective, immediate, visible, flexible and relevant. Effective practice needs to focus on the core high volume community penalties available nationally i.e. community service and probation which make up around three quarters of all community penalties imposed. A single reparative sentence to be known as the ‘Community Service Order’ (CSO) to subsume Supervised Attendance Orders and Community Reparation Orders is proposed which is to be both immediate and visible The new CSO should have: an early induction process; payback to the community; and where appropriate, a rehabilitative element which could include restorative work, counselling, skills training and employability assistance. The need for speedy action in dealing with breach and non compliance of CSOs is highlighted. A new level of DTTO available to district, Justice of the Peace and Sheriff Summary Courts is proposed as a pilot, as well as a mentoringhnk worker scheme for adult female offenders. ‘Constructs’ - an accredited group work programme aimed at changing pro criminal attitude and beliefs as well as equipping the offender with peer influence, conflict and life problems that contribute to their offending is proposed to be made available in the community. The roll out of the Level of Service Case Management Inventory tool to effectively assess the needs and risks of offenders is proposed. There is a high level of public interest in community penalties; however a gap exists between interests and levels of knowledge about these. Local communities must be convinced of their effectiveness by credible penalties, swift and robust enforcement, as well as showcasing ‘payback’. In 2005406 the Courts ordered over a million hours unpaid work
Conclusion
Many reforms have materialised since the paper, consolidated through ‘Scotland’s Choice’ and through legislation (See briefing on Criminal Justice and Licensing (Scotland) Act 201 0). CJAs have been involved in consultation, implementation, communications and in developing protocols to coordinate several aspects of the proposed reforms.
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‘Scotland’s Choice’ Report of the Scottish Prison’s Commission 2008 (Read also Criminal Justice & Licensing (Scotland) Act 2010 Briefing)
Introduction The Scottish Prison’s Commission was convened to take stock of the problems with overcrowded prisons and make recommendations. The commission was guided by the following principles: punishment must be visible, swift and fair; communities should be at the heart of penal reform; prison populations must be controlled; Scotland can provide an international model.
Key Considerations & Recommendations 0
0
0
0
Scotland imprisons more of its people than many other places in Europe Prison is used for those who are troubled and troubling rather than those who are dangerous Prisons draw their inmates from the least well off communities High prison populations do not reduce crime and may create pressures that drive reoffending (p2)
Compared to the general population, prisoners are:
b 13 times more like& to hiwe been in care as a child 10 times more iikely to truant f m school
+ 13 times mare likety to bc wnemphy
* LS times m m Bbly who has been rnmickrf of a
* 6 times more likely
es rnorelikety to be H N positlvc
In respect of their bask skills: 8 o u t o f I O h a e Old
+ 6566 have the numeracy 5kUs of an 11 yeac old * 5 out of ?O have the wading skills of an 3 ‘I yeai
olb 7 out of 10 hwe U5 prhn
* 7 out cif $0 hme slaRered from at tern two rnenbl disorders
2 aut of I0 mah p r k ~ e r s attempted suicide
* 37% of women prbners hare abtcmptetd zuicidc
writing skills of an 12 year
* drugs before taming to
18-20 these probtems ant even mow intense; their basic skills, rabs of 5 levels of school exchrion are a third wurse wen than those of o t b ~
prisoners
(Table reproduced from p16 of the Scotland’s Choice)
Prison should be reserved for those who pose a threat of serious harm; a presumption against 6 months sentences should be introduced. Paying back to the community should become the default position for less serious offenders focusing on visibility, effectiveness and credibility with the public Progress courts should enable swift and regular review of sentences Court business needs to be focused on cases that need formal prosecution; alternatives to prosecution should be extended Age and stage of 16 and 17 years olds should be taken into account with a wider range of options A national sentencing council should be established to improve consistency and effectiveness Home detention curfews should be extended to tackle rising rates of recalls to prison. In developing services, the social and health needs of offenders should be recognised; in particular a duty to reintegrate all those who have served sentences should be placed on public services of all sectors. The prison population should be reduced to an average daily population of 5000 (Recommendations can be found on pp3-6 of Scotland’s Choice)
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Fair Fast and Flexible Justice
Introduction
“Protecting Scotland’s Communities - Fair, Fast and Flexible Justice” (FFFJ) was published on 1 7th December 2008 and provides the Scottish Government’s response to both “Reforming and Revitalising: Report of the Review of Community Penalties” and “Scotland’s Choice: Report of the Prisons Commission.” The Government’s proposals are based on the following principles: . . . speedy delivery of an appropriate range of sentences
meeting the community’s and victims’ needs for visible rigour and payback for harm done giving an offender the opportunity to access support to turn their life around
Key Proposals
.
.
.
.
.
m
.
.
.
.
Creating a judicially led Scottish Sentencing Council (SSC) to develop and oversee a national system of sentencing guidelines to help bring greater consistency and transparency to the sentencing process and increase public awareness and understanding. Reducing the very short term prison population by legislating to make it clear that judges should not impose a custodial sentence of 6 months or less, unless the particular circumstances of the case lead them to believe that no other option would be appropriate. Introducing a new Community Payback Sentence enabling the Judge to impose one or more of a range of requirements on the offender, including unpaid work, supervision, alcohol or drug interventions or a requirement to take part in a programme to address offending behaviour. Improve community understanding and buy-in so that the public can have confidence that a community sentence is in every case a punishment, not merely a supportive intervention. In particular a tighter framework for the start and completion of a community sentence will be developed so that in most cases an order is signed before the offender leaves court, a first appointment with Criminal Justice Social Work is arranged within one working day and an unpaid work placement should commence within 7 working days. In addition the unpaid work element of community sentence (up to 300 hours) should be completed within 6 months (or within 3 months if less than 100 hours). Ensuring those offenders whose crimes deserve custody are kept under restriction for the entire length of the sentence whether it is the part served in prison or under licence conditions in the community. Improving the continuity of service provision across the child and adult systems by developing approaches which cross the artificial barrier between services for children and adults. Effective “joining up” at local level is highlighted as a critical task for CJAs. The report recognises that the type of the outcomes which will really make a difference to offenders - accessing and sustaining suitable housing, improving skills and accessing training/employment, addressing issues of mental and physical health - are not delivered by criminal justice agencies, but through wider joint action which spans Community Planning Partnerships. National Advisory Body on Offender Management and a programme delivery board will bring stakeholders together. Assessing what the changes are achieving in terms of improved case handling and impact on reoffending is a key issue identified within the report.
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Audit Scotland Overview of Scotland’s Criminal Justice System
Introduction
The audit aimed to provide an overview of public expenditure on Criminal Justice Services and to identify potential for greater efficiency and effectiveness. Part 4 of the report looks specifically at effectiveness in reducing reoffending.
Key Themes
0 Whilst joint working has improved, the system remains complex due to reforms, a number of bodies being in
0 The wholes system cost an estimated f857 million in 2009/10;
0 An estimated f81 million was spent on criminal justice services directly to reduce reoffending (excluding police)
Inefficiencies in the system in processing cases costs at least f IOmillion, primarily by delays in processing
0 Incompatible IT systems do not assist in creating an efficient system and planning/performance management
0 There is little progress with the reducing reconviction indicator, which has fallen less than 1 % over the last
Services available to offenders across the country is inconsistent and evidence of effectiveness is limited. There is no overarching requirement for cooperation with the CJA and there are limited sanctions if any
0 Engagement of service users is limited. 0 Criminal Justice Social Work has little flexibility to manage demand 0 There is no mechanism to track offenders through the system
Two thirds of people convicted who received a prison sentence had five or more previous convictions. The
place and differing accountabilities
revenue budget reducing by 7% and capital by 64% (excluding police).
which is less than 10 per cent of the total expenditure.
which can impact on public confidence.
across the system as a whole.
three years.
particular body is slow to implement; cooperation therefore relies on strong partnerships
report goes on to recognise the multi dimensional problems of repeat offenders and that the Scottish Prison Service has no legal requirement to support short term offenders.
0 A more person centred approach, focusing on holistic needs of offenders as well as risks, can be effective in reducing reoffending. Circle (family based approach) and the Persistent Offender Project are cited as projects that meet these aims.
0 The report specifically recognises the ’added value’ of the third sector being outwith the formal system 0 Recommendations include: improvements in support for victims and witnesses; better cost and performance
information across the whole system; improve efficiency of summary cases; ensure services meet demand and use cost effective approaches to reducing reoffending.
Conclusion
The report presents several challenges across the criminal justice system in a climate of real reductions in resources. Demonstrating effectiveness across sectors is a key theme with improved information sharing and availability of evidence to demonstrate a reduction in reoffending. Audit Scotland will identify where more detailed audit performance work would be beneficial.
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Commission on the Future Delivery of Public Services
Chaired by Dr Campbell Christie CBE. Full report available at www.wblicservicescommision.org
Introduction
The Christie commission was established in November 2010 with a remit to examine how public services could improve quality and ensure financial sustainability, set against the backdrop of reduced budgets, changing demography and growing social need. The commission received 200 submissions of written evidence and held 100 meetings with stakeholders, including users and providers of public services. The commission published their report on 2gth June 201 1 and call for radical reform of Scotland’s public services in both delivery and culture. The report sets out recommendations to underpin a fundamental, bottom up reform of public services.
Key messages
The commission found systemic short comings in the current services and indicates that future arrangements must:
Empower individuals and communities receiving public services by involving them in design and delivery Integrate service provision and improve outcomes by ensuring public services work in partnership Prioritise preventative spending to reduce demand and inequalities Improve efficiency to raise performance and reduce costs
Key recommendations include:
0
Tightening oversight and accountability of public services, introducing consistent data-gathering, benchmarking and performance comparators Giving Audit Scotland a stronger remit to improve performance/efficiency across public service organisations Introducing a new set of statutory powers and duties for public services with a presumption in favour of preventative action and tacking inequalities A new Community Empowerment and Renewal Bill to embed community participation in design and delivery of services A new concordat to develop joined up services, funding arrangements that require integrated provision lnteragency training to reduce silos, build service integration Apply commissioning and procurement standards Review public services in terms of the difference made to people’s lives
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Reducing Reoffending Programme
Introduction
Reducing reoffending is a priority for the Scottish Government. Every time someone is convicted of an offence it is an opportunity to work to prevent it happening again, and so reduce crime, victimisation, and costs to society and the economy. The Scottish Government's Reducing Reoffending Programme has achieved a great deal in its first 3 year phase, including successful introduction of the Community Payback Order and the award-winning Whole Systems Approach for young people who offend. Positive progress has been made in recent years but it is believed that reoffending can be reduced further.
Reducing Reoffending Evidence Review
To support the next stage of the development of the Reducing Reoffending Programme Scottish Government analysts reviewed evidence on the effectiveness of different approaches to reduce reoffending, including with women offenders. The summarv and full version of their evidence review are now available online. They also examined the findings of reports by Audit Scotland, Committees of the Scottish Parliament, the then Social Work Inspection Agency, and others into the criminal justice system, or aspects of it.
Consultation
Following this work Scottish Government spent time listening to those involved with reducing reoffending, both in front-line and strategic roles. They wanted to hear their suggestions and ideas, and to gather their views. During the process they met with more than 400 people, from over 60 organisations in all parts of Scotland, giving them a range of perspectives and ideas. The views, suggestions and ideas put forward in the consultation were collated and analysed and these are now available in an enaaaement analvsis report.
Draft Vision and blueprint
The views have helped us to define the Programme's draft vision and blueprint. Together these set out the focus and direction of the Programme.
Community Payback Orders
From February 201 1, Scottish Courts have been able to impose Community Payback Orders on offenders. Find out more>>>
Review of Community Justice Funding
A project group is carrying out a review of Community Justice Funding, and will be putting forward options for a new funding framework later this year. The group is also considering how the Reducing Reoffending Change Fund could best be deployed in 2012 - 13 and beyond.
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Governance and Infrastructure Manual for CJAs
This document covers issues concerning the governance and infrastructure of CJAs and their relationships with other partners. It is primarily for the guidance and assistance of CJA conveners and members. The document reflects the equal status that is afforded to each of the key statutory partners - CJAs, SPS and local authorities, in making a reality of the vision for CJAs and of the associated governance and administrative arrangements. It does not cover operational issues, for example concerning the detail of the planning process.
The main pieces of legislation referred to in this document are: 0
0
The Social Work (Scotland) Act 1968 The Management of Offenders etc. (Scotland) Act 2005
It should be noted that the document consistently refers to the Chief Social Work Officer as being the main person within a Local Authority with whom CJAs will require to liaise. It is acknowledged that in some authorities the main contact person may hold a different title
Financial Memorandum
Currently being redrafted by Finance Officers Group (for inclusion once completed)
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Commission on Women Offenders Report
Background
The Commission on Women Offenders was established in June 201 1 by the Justice Secretary to find a more effective way of dealing with women offenders. The commission was chaired by Dame Elish Angiolini and its remit was to make recommendations for practical measures to reduce re-offending and reverse the increase in the female prison population.
The profile of women offenders compared to the very much larger male offender population indicates women are more likely to:
0
0
0 Be placed on remand
0 Have drug problems 0
0 Have dependent children
Be of lower risk to public safety Be in prison for dishonesty offences
Have higher rate of mental health problems
Have history of physical, sexual abuse and victimisation.
The report evidences the basis for a distinctive approach to women offenders in terms of the profile, above. Approaches which appear to support improved outcomes include holistic rather than stand alone interventions. On the basis of the available evidence in relation to the distinctive characteristics and needs of women offenders the Commission concludes that services and programmes have to be tailored to the specific multiple and complex needs of women offenders.
Main recommendations
It should be noted that although much of the public coverage of the Commission’s findings will focus on the use of custody, the future of Cornton Vale, and recommendations for a Community Justice Service, the recommendations also focus strongly on the reintegration of prisoners in the community, measures to divert women from prosecution, alternatives to remand and new and more consistent approaches to sentencing.
The Recommendations are under seven headings.
Service Re-design: involving the establishment of Criminal Justice Centres where women would have access to a range of professionals/services including Social Work, health (including mental health), addictions. The Commission also recommends the wider availability of supported accommodation (or accommodation with support). With regard to mental health there are recommendations regarding the availability of psychiatric reports for courts and better arrangements regarding transition from prison based mental health services and the community.
Alternatives to prosecution: the Commission recommends the national roll out of Fiscal Work Orders; unpaid work as an alternative to prosecution. There are also recommendations to extend the powers of the Procurator Fiscal to impose alternatives to prosecution which embrace both unpaid work and rehabilitative elements and to enable the Police to impose cautions conditional upon attendance at a Community Justice Centre. Alternatives to Remand; 30% of women in custody are on remand. The potential for greater and more productive use of Bail Supervision is recognised with a recommendation that its availability is extended and includes mentoring, access to supported accommodation. The potential merits of electronic monitoring are also noted within a supportive context.
Sentencing: The Commission recommends the piloting of problem solving courts supported by a multi - disciplinary team drawing from the experience of drug courts. There are also recommendations regarding the greater use of rapid reports (within two working days) and progress review hearings. Two new sentencing options are suggested the first a composite sentence comprising custody (which might be suspended) and a community element. The second is for suspended sentences involving the suspension of a custodial sentence on condition of compliance with a rehabilitative regime.
Prisons: the Commission recommends that Cornton Vale is replaced with a smaller specialist prison for women serving longer sentences and those who pose a significant risk to the public. In addition there is a recommendation that there are more places in local prisons to improve family contact and integration with community services.
Community re-integration: The commission recommends the establishment of inter-agency protocols and immediate access to benefit entitlement to prisoners on release (UK Government). There is a recognition that to
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effect community re-integration and continuity between services within prison and the community practical assistance is required. In this connection the Commission recommends that all prisoners are met at the gate on discharge.
Making it work; leadership, structures and delivery: The report refers to a grossly cluttered landscape (under Leadership Structure and Delivery). The Commission recommends the establishment of a Community Justice Service to provide national strategic leadership and operational responsibility in terms of a range of functions including the commissioning of services from the statutory and third sector. The proposed service should be designed in such a way to ensure local liaison and joint working with local authority, police, COPFS, NHS and third sector with a national Community Justice and Prison Delivery Board set up to promote integration between the Community Justice Service and Scottish Prison Service.
The full report can be sourced at:
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Glossary and Definition of Terms
Justice System definition of terms
The criminal justice system has its own language. If you want to know what something means, you can look the word(s) up on this linked page. htto://www.nscia.co.uk/what is/
Glossary
ADSW
CJA
CJSW
CO
COG
COPFS
COSLA
CPO
cso DTTO
FFFJ
FRAME
HDC
LSlCMl
MAPPA
NHS
RRP
SA0
SGCJD
SLARC
SPS
ssc WSA
Association of the Directors of Social Work
Community Justice Authority
Criminal Justice Social Work
Chief Officer
Chief Officer Group
Crown Office Procurator Fiscal Service
Convention of Scottish Local Authorities
Community Payback Order
Community Service Order
Drug Testing and Treatment Order
Fair, Fast and Flexible Justice
Framework for Risk Assessment, Management and Evaluation
Home Detention Curfew
Level of Service/ Case Management Inventory
Multi Agency Public Protection Arrangements
National Health Service
Reducing Reoffending Programme
Supervised Attendance Order
Scottish Government Community Justice Division
Scottish Local Authorities Remuneration Committee
Scottish Prison Service
Scottish Sentencing Council
Whole Systems Approach
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