Thursday, 14 November 2024

Sentencing Review 6

MoJ press release today:-

Innovation and international comparisons front and centre of Sentencing Review

The review, which aims to end the crisis in our prisons and make sure the country always has the prisons space needed to keep people safe, will consider how other jurisdictions who have faced similar capacity challenges have been able to tackle rising prison populations and reducing reoffending.

To ensure the review considers all aspects of the justice system, including the impact of changes on victims, an expert panel has been appointed to support independent chair David Gauke. This includes former Chief Executives of the Crown Prosecution Service, Peter Lewis and HMPPS, Michael Spurr, as well as former Lord Chief Justice Lord Burnett and Executive Director of End Violence Against Women Andrea Simon.

The review will be further informed by a call for evidence launched today [14 November 2024] with academics, experts and the public encouraged to share ideas for innovation and reform over the next eight weeks.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood said:
"No Lord Chancellor should be put in the invidious position I was on taking office – faced with a prison system on the verge of collapse. We must make sure there are always a cell to lock up dangerous offenders.

This panel represents a wealth of experience. I have no doubt it will be invaluable in delivering a review which will help set out the long-term plan for our prisons."
The panel appointed to support David Gauke are:
  • Lord Burnett – Previous Lord Chief Justice (2017 – 2023)
  • Catherine Larsen KPM – A retired inspector from Avon and Somerset whose work included transforming the way rape and serious sexual offences are investigated by the police
  • Nicola Padfield KC (Hon) – Criminal Law Barrister and academic at the University of Cambridge and Director of the Cambridge Centre for Criminal Justice
  • Sir Peter Lewis – Former Chief Executive of Crown Prosecution Service (2007-2016), Former Registrar of the International Criminal Court (2023).
  • Michael Spurr – Former Chief Executive of HMPPS (2010-2019)
  • Andrea Simon – Executive Director at End Violence Against Women Coalition (EVAW)
The call for evidence will explore key themes including the structure of sentencing, use of technology as tough alternatives to custody, custodial and non-custodial sentences, as well as the individual needs of both victims and offenders.

Review Chair David Gauke said:
"This review will investigate how we can create a more effective criminal justice system, looking to jurisdictions who have faced similar challenges, and at how we can harness new technology to manage offenders in and out of prison.

I welcome responses to the call for evidence which challenge current thinking, are innovative, and which spotlight how best practice can be scaled, so we can build a justice system which works both now and in the future."
Alongside the call for evidence, international learnings will be a central focus for the panel. Sweden and the Netherlands have both used technology to manage offenders in and outside of prison and tackle rising prison populations. This has included an electronic monitoring system integrated between prisons and probation in the Netherlands, and using mobile apps in Sweden to support rehabilitation outside of prison, such as improving attendance at probation meetings.

Texas faced similar capacity challenges to England and Wales in the early 2000s. In 2007, prisons were at capacity and the population was predicted to rise, needing an additional 17,000 cells over the next five years. Under a system implemented by a Republican governor, prisoners can now reduce the time they spend in custody by participating in courses aimed at tackling the root causes of crime, and for good behaviour. The Texan prison population has now decreased by over 20,000 and crime in the area has fallen.

In developing its recommendations, the Sentencing Review will follow 3 core principles to ensure a sustainable justice system:
  • make sure prison sentences punish serious offenders and protect the public, and there is always the space in prison for the most dangerous offenders
  • look at what more can be done to encourage offenders to turn their backs on a life of crime, and keep the public safe by reducing reoffending
  • explore tougher punishments outside of prison to make sure these sentences cut crime while making the best use of taxpayers’ money
The review will submit its findings in full to the Lord Chancellor by Spring 2025.

Notes to editors

The seven key themes the call for evidence will explore are:
  • History and Trends in sentencing
  • The Structure of sentencing
  • The use of technology within sentencing
  • Community sentences
  • Custodial sentences
  • The progression of custodial sentences
  • The individual needs of victims and offenders

24 comments:

  1. A panel of previous, former and retired. It’s failed before it started.

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  2. 3 core principles, the last two of which may well be, are almost certainly, contradictory. In fact the third makes its own false assumption, that being "tough"...a fallback buzzword as embraced by political justice rhetoric as "robust"...will reduce crime. That is the one big fat non truth that may well doom any progress on this and any other attempt to sort out our crumbling justice system. How I hate this obsession with "being tough". It not only hampers any potential for humane and effective work in the community, it by extension tacitly invites complacency in the face of the dreadful conditions in our prisons and the deprofessionalising of both prison and probation workers

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    Replies
    1. This has been extended to the parole board members who are top heavy with ex cops and judges, I maybe wrong but I couldn’t see any PB members from an ecumenical background or other compassionate therapeutic profession…..I’m excluding psychologists by the way

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    2. I applied for a PB post after almost 30 years in probation as a PO. Thought it would be right up my street - assessment & report writing skills aplenty, working understanding of prisons & probation environments, plenty of prior experience of PB work from a probation perspective.

      "Not enough managerial experience" was the feedback.

      The doors to the corridors of power are closed unless you have a membership card.

      Delete
  3. https://www.lbc.co.uk/news/governments-early-release-scheme-put-pressure-on-probation-service-as-inspectors/

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    Replies
    1. A government scheme to release prisoners early “put pressure” on the Probation Service, according to bodies in the sector.

      It comes as a probation unit in West Yorkshire has been rated “inadequate” and in a “chaotic state” in an inspection.

      Inspectors visited Bradford and Calderdale PDU in September, the same month where around 1,700 people were released from prisons in England and Wales to reduce overcrowding. Those freed were serving time for crimes like fraud and drug offences, and had to have completed 40% of their sentence.

      A report out today found staff in Bradford and Calderdale didn’t feel valued in their roles, and criticised a “divisive culture” and high sickness levels. There was an average loss of 18 days a year down to sickness. NAPO, the Probation Service Union, says 75% of absences across the country are down to mental health including work-related stress.

      Dave Argument from His Majesty's Inspectorate of Probation says: “We found really concerning issues to do with the way the probation service in Bradford and Calderdale was working with the police, social services and other agencies to protect children from harm and others in the community from harm.

      “The workloads staff are facing are too high, there are major issues in terms of recruitment and retention, that all has an impact on the ability of good quality work to the standard we expect.”

      On the early release of prisoners under the government, Argument said: “We completely recognise the extreme difficulties the prison service faces in terms of capacity. Equally, it’s important to highlight that the Probation Service is extremely stretched.”

      Commenting on the report, Tania Bennett from NAPO said, “Depressingly, it’s not unexpected. It’s not that much of a surprise.

      "In terms of that part of the country, it is the worst of a bad lot, rather than being a huge exception to the rule compared to what we’re seeing across England and Wales.

      "The issues at Bradford and Calderdale are quite common from what we’re seeing nationally.”

      On the early release of prisoners, Bennett added: “I don’t think anyone working in probation would see these early release schemes as a good thing.

      They see them as necessary and understood why they happened. Ultimately we need a fundamental review of sentencing. If we don’t stem the flow going into prisons, it’s like running a bath with the plug out all the time.”

      Government figures show that between April and June, 13,338 people were released from jails in England and Wales, with 9,782 being recalled for breaching licence conditions. That’s a 44% rise on the same period in 2023.

      This was Bradford and Calderdale PDU’s first inspection since its creation in 2021, when parts of the private and public sector in the Probation Service were joined together.

      Delete
  4. So not a single person on the panel who has any knowledge of Probation from the bottom up, Spurr does not qualify as being able to speak on behalf of Probation in the slightest...

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    1. Spot on we need practitioners and prisoners on that panel

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  5. R$ has had a week of mixed reviews re-crim justice. WomansHour has been exploring the impact of custody on children. Meanwhile the news teams, when discussing the sentencing review, have pursued the othering agenda, constantly referring to "them" or "those people".

    Mahmood is deluded if she thinks (as already highlighted on this blog) a group of lock-em-up-leaning failures, has-beens & retirees are the visionaries for a future approach, e.g. spurr finished off probation & wrecked the prisons estate & gauke couldn't manage 18 months as justice sec.

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    Replies
    1. "A new Woman's Hour series, Forgotten Children, explores the impact on families when one or both parents are sent to prison." (w/e 15 Nov 2024)

      search on iplayer or other podcast apps

      Delete
  6. https://www.theguardian.com/law/2024/nov/14/andrew-malkinson-justice-wrongful-conviction-compensation

    "Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation... To continue to receive benefits from the Department for Work and Pensions he was told to upload photographs of himself holding up a sheet of paper with the date on it – “like a mugshot” – by a plug socket in his flat and outside his front door."

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  7. https://www.gov.uk/government/calls-for-evidence/independent-sentencing-review-2024-to-2025/independent-sentencing-review-2024-to-2025-call-for-evidence

    "Building prisons costs vast amounts of taxpayer money, and we cannot build at a fast enough rate to keep up with current levels of demand."

    "We need to fundamentally look again at sentencing policy if we want to get control of the prison population."

    "There are some important areas which we consider are best-placed to be progressed outside of the review. The review will not consider:

    * the Imprisonment for Public Protection (IPP) sentence or the administration of it
    * the use of remand
    * the youth sentencing framework
    * wholesale reform of the murder sentencing framework: Whilst the review may consider the impact of sentencing for murder on the wider sentencing framework, the department is considering wholesale reform of homicide law and sentencing separately
    * out of court resolutions

    What have been the key drivers in changes in sentencing, and how have these changes met the statutory purposes of sentencing?

    How might we reform structures and processes to better meet the purposes of sentencing whilst ensuring a sustainable system?

    How can we use technology to be innovative in our sentencing options, including considering how we administer sentences and manage offenders in the community?

    How should we reform the use of community sentences and other alternatives to custody to deliver justice and improve outcomes for offenders, victims and communities?

    How should custodial sentences be reformed to deliver justice and improve outcomes for offenders, victims and communities?

    How should we reform the way offenders progress through their custodial sentences to ensure we are delivering justice and improving outcomes for offenders, victims, and communities?

    What, if any, changes are needed in sentencing to meet the individual needs of different victims and offenders and to drive better outcomes?

    Contact details

    Please use the online portal to provide your response.

    Alternatively, please send your response by email or mail by 9/01/2025 to:

    Sentencing Review Secretariat Team

    Ministry of Justice
    102 Petty France
    London SW1H 9AJ

    Email: SentencingReview2024-25@justice.gov.uk

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  8. The tone of the review is set in stone:

    "we cannot build at a fast enough rate to keep up with current levels of demand"

    &

    "if we want to get control of the prison population"

    To update the noms/hmpps motto:

    "Demand, Command & Control"

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  9. the newly released accounts & annual report

    "All new levers have been operationalised"

    https://assets.publishing.service.gov.uk/media/6735cf1a37aabe56c416110c/25.1_HMPPS_ARA_2023-24_V20_WEB.pdf

    57 senior civil servants earning over £80,000

    844 exit packages costing £45million

    management total remuneration:
    rees min.£235,000
    copple min.£235,000

    Agency staff costs £55million

    copple: "“HMPPS has continued
    to manage complex
    capacity issues whilst
    ensuring that the delivery
    of our vital services is
    maintained."

    rees: "I am extremely proud
    of our staff who have
    worked tirelessly to
    operationalise new levers
    created by both the new
    and previous governments,
    in response to the prison
    capacity crisis.”

    ReplyDelete
  10. https://committees.parliament.uk/committee/102/justice-committee/news/203814/lord-timpson-questioned-amid-extreme-pressures-across-prisons-and-probation/

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  11. Dear Mr Gauke,

    If probation continues to operate its current model things will only get worse by next year when SFO figures are released.
    Probation used to work. It was effective in reducing re-offending, and was considered a gold standard service.
    Much is said about recruitment and retention, high case loads, inexperience, funding and staff burn out, and these are all real and legitimate complaints.
    However, fundamentally it's the model that's broken.
    Probation was never designed to do what its being asked to do today.
    Fix the model.
    Fix probation.

    https://www.independent.co.uk/news/uk/crime/probation-new-crimes-charged-offenders-b2641603.html

    'Getafix

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    1. The number of ex-offenders charged with committing serious crimes while on probation has surged by a third to hit a grim new record, the latest figures show.

      Amid concerns over how the probation service will cope with the government’s early release of thousands of prisoners, new data showed probation units identified 770 occasions last year in which released criminals appeared in court accused of committing a serious further offence.

      That figure – which includes crimes such as murder, rape, serious violence and arson, allegedly committed while on probation or within 28 days of leaving the service’s supervision – is up 33 per cent in the year to 31 March this year, compared to 579 the previous year, according to the Ministry of Justice.

      It is the highest number on record and coincides with the first five months of the Tories’ emergency move to free prisoners early.

      Victims’ advocates told The Independent the increase was “very worrying”, as HM chief inspector of probation warned high caseloads and pressures on the overstretched probation service were undermining its ability to keep the public safe.

      Probation officers have borne the brunt of emergency measures to ease the prisons crisis, with more than 13,000 prisoners freed up to 70 days early under Tory schemes since last October, and at least 3,000 more let out 40 per cent of the way into their sentence under Labour in recent months.

      With unions describing the early release scheme as causing “absolute mayhem”, inspectors have warned of prisoners being released from jail without sufficient planning to ensure public protection or to avoid them being released into homelessness – heightening the risk of reoffending.

      Analysis of the latest data shows 603 people have been convicted of murder while being supervised by probation since 2014 – equating to more than one murder conviction every week.

      Against this backdrop, new figures also showed a 33 per cent rise in charges over serious further crimes brought against violent and sexual offenders subject to Multi-Agency Public Protection Arrangements (Mappa), in which they are monitored by both probation and the police due to the nature of their past crimes.

      A total of 216 offenders subject to Mappa monitoring after being freed from prison were charged with committing a serious further offence in 2023/24, more than any year since 2018.

      There were also 132 convictions over serious new crimes committed by ex-offenders on Mappa arrangements in a rise of 15 per cent on the previous year, according to Ministry of Justice figures. Some of these will relate to charges brought in previous years.

      Describing the rise as “very worrying”, victims’ commissioner, Baroness Newlove, told The Independent: “When offenders are released into the community, the safety of victims and the public is paramount.”

      Ms Newlove added: “If victims are to have faith in the justice system, they must be confident offenders are being managed effectively in the community and in no doubt they will be recalled to custody if their behaviour gives cause for concern.

      “I recognise the probation service has a difficult job to do in managing high risk offenders – it must be resourced to do this effectively, including manageable caseloads for offender managers. I welcome the government’s commitment to recruit more probation staff. This must be a priority.”

      Chief inspector Martin Jones told The Independent: “The probation service has a large and often complex workload. Given that size and complexity, it is extremely difficult to predict when a serious further offence (SFO) will take place, however, it is always concerning to see any increase in the number of SFO charges and convictions.

      “Good probation practice helps keeps communities safe. Our recent inspections have found shortcomings in public protection work by the probation service due to the high caseloads and pressures it is facing.

      “It is vital that the service continues to prioritise risk assessment and management to minimise the likelihood of SFOs occurring.”

      Delete
    2. A Ministry of Justice spokesperson said: “Serious further offences are incredibly rare, with less than 0.5 per cent of offenders under probation supervision being convicted of one.

      “We recognise the devastating impact of these offences on victims and we are taking urgent action to improve supervision of offenders, including recruiting 1,000 new trainee probation officers by March 2025.”

      Delete
    3. Selected lowlights:

      "603 people have been convicted of murder while being supervised by probation since 2014 – equating to more than one murder conviction every week"

      "a 33 per cent rise in charges over serious further crimes brought against violent and sexual offenders subject to Multi-Agency Public Protection Arrangements (Mappa)"

      "216 offenders subject to Mappa monitoring after being freed from prison were charged with committing a serious further offence in 2023/24"

      "132 convictions over serious new crimes committed by ex-offenders on Mappa arrangements in a rise of 15 per cent on the previous year"

      Govt: "Serious further offences are incredibly rare... we are taking urgent action to improve supervision of offenders"

      rees: "I am extremely proud of our staff who have worked tirelessly to operationalise new levers..."

      jones: "97% of probation delivery units examined were falling below the standards set for good practice."

      The mystery Chief Probation Officer: "........."

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    4. Dear Amy Rees, so pleased with your pride in staff but as one of those on the front line what new levers have I operationalised please and errr what does that mean?

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    5. Also on getafix jails have most inmates sedated 90 percent of the time on illicit substances. Progressive system locks offenders up all day in crime hotels while we have homeless and a national hotel scandal yet nothing in rehabilitation.

      Delete
  12. Slight curved ball here, but maybe of interest to those trying to budget (for themselves or others). It comes from inews entitled "How I Manage My Money" about a University worker, 31 years of age, on £4k a month, hoping to retire at 50:

    "My monthly income: I take home around £2,000 from my full-time job as a curriculum and assessment officer at a university. I also earn between £1,000 to £2,000 per month from my YouTube work and partnerships with businesses

    My monthly outgoings: Rent, £600; council tax, £85; groceries, around £250; electric, £125; water, £25; broadband, £13; health insurance, £55; ClassPass, £29; BookBeat, £5.99; Microsoft, £9.99; Wix, £20; Netflix, £4.99; eating out, £100. I contribute £200 to my work pension each month. I usually add £500 to savings each month and can put anything from £500 to £1,000 into investments every month. I have a range of savings accounts, current accounts and investment accounts, as well as some reward credit cards. I invest in a stock and shares Isa with Hargreaves Lansdown, but also invest with Trading 212, Freetrade and Wealthify. I also have a Moneybox Lifetime Isa. I’ve recently purchased my first flat, so won’t be renting for much longer. I managed to save £25,000 for a deposit."

    21st century capitalism: "I also earn between £1,000 to £2,000 per month from my YouTube work"

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  13. Well I just watched the committee interviewing Timpson and Rees and yes, Probation was probably discussed for about 10% of the total time, the rest was as usual about the Prisons...apparently Probation Staff were galvanised to deal brilliantly with the SDS40 scheme and plenty of overtime was had (I'm guessing by mangers and above because no PO's or PSO' I know we're ever offered it!)

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  14. Texas has the highest rates of incarceration within the United States. The country with the highest incarceration rates in the west. I’m not convinced that they represent best practice. Perhaps a glance over at Norway would offer a chance to look anew at our overuse of custody. Although the Daily Mail would choke on such a prospect. Which would make it worthwhile of course, as long as its readers choked as well.

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