Policy Watch - Criminal Justice

Consultation on Adult Social Care (including providing it in prisons)

11/03/2010

The Law Commission has published a consultation paper on adult social care, which contains its detailed proposals for law reform. Amongst other things, it asks whether there should be a duty to provide social care in prisons.

Find out more from the press release and respond to the consultation here. The consultation closes on 1 July 2010.

Rethink indefinite sentences - Joint Inspectorate report

04/03/2010

The wide scope of sentences of Imprisonment for Public Protection (IPP) has resulted in a huge number of prisoners that neither the probation service nor the prison system can handle effectively, according to this new report by the Inspectors of Probation and Prisons.

Their first report, published in September 2008, commented on how the influx of prisoners subject to the new sentences was flooding the prison system. Today’s report focuses on probation’s role in managing these offenders, both in custody and after release, and expresses doubts about probation’s capacity to work effectively with each case when the number of cases still coming through the system is so great.

Prison for young people costly and fails to reduce crime, says nef

01/03/2010

Locking up children and young people for non-violent offences is costing the taxpayer millions, while doing little to reduce the amount of crime, says a new report from independent think-tank nef.

The report, Punishing Costs, calls into question the plans of both Labour and Conservative politicians to invest in new prisons. At a time when almost all public services are facing drastic cuts, it is more vital than ever to scrutinise spending on prisons. The report shows how the number of young people and children in prison could be drastically reduced, and how a change in the pattern of public investment can increase the safety of our streets.

Alcohol services in prison: a depressing picture

28/02/2010

The Chief Inspector of Prisons has published a short thematic report, Alcohol services in prison: an unmet need, which shows there is a worrying gap between the needs of prisoners with alcohol problems and the services that exist to support them.

The report revealed that in 2008-09, 19% of prisoners reported having an alcohol problem when they entered the prison, rising to 30% for young adults and 29% for women. This is likely to be an underestimate, as many will not recognise they have a problem.

Mentally disordered offenders: A Joint Inspection on work prior to sentence

18/12/2009

HMI Probation, HM Crown Prosecution Service Inspectorate, HMI Court Administration and HMI Constabulary have published a joint inspection report on work with offenders with mental disorders.

The joint inspection team found that although concerns about individual’s mental health, once identified, were followed up in almost all cases seen, communication between the criminal justice organisations could be made more systematic and effective.

Read their press release.

Children and young people in custody 2008-2009: experiences of 15-18 year olds in prison

09/12/2009

HM Inspectorate of Prisons and the Youth Justice Board have published the fifth report of the experiences of children and young people in prison custody. It draws together findings from surveys of every juvenile prison establishment in England and Wales during 2008-9.

The main findings include

  • A quarter of young men and nearly half of young women had been in care; almost nine out of ten young men and women had been excluded from school
  • Black and minority ethnic young people were over-represented (36%) – though fewer had been in care, or been excluded, than white young people and more planned to continue education on release. They were more likely to report having been restrained in custody and their expectations of prison were lower.

Improving Health, Supporting Justice: The national delivery plan

17/11/2009

This cross-government action plan sets out the Government's response to the recommendations of Lord Bradley's review of people with mental health and learning disabilities in the criminal justice system.

It aims to ensure there are liaison and diversion services in all courts over the next five years; train staff across the criminal justice system to identify where health issues may need to be addressed; ensure that offenders have access to the same levels of healthcare as everyone else; and improve continuity of care.

Guidance on confidentiality

16/10/2009

The GMC has published some guidance on confidentiality. It sets out the principles of confidentiality and respect for patients' privacy that doctors are expected to understand and follow. It covers such issues as disclosing information in the public interest, sometimes without a patient's consent.

Prison Reform Trust investigates radical approaches to reducing the number of teenagers in custody

03/09/2009

A new report published by the Prison Reform Trust identifies a number of successful international approaches to reducing child and youth imprisonment and cutting crime. Reducing child imprisonment in England and Wales – lessons from abroad examines policies and programmes in countries with effective youth justice systems.

Commissioning guidance for personality disorder services

03/07/2009

DH has published guidance for commissioners in the NHS, criminal justice system, local authorities and others, which provides information and suggestions on best practice when considering services and systems for people with personality disorders.

Towards a Popular, Preventative Youth Justice System

01/07/2009

IPPR has published a report into youth justice. It argues that the current youth justice system does not reduce offending and proposes ways in which it could. It includes proposals for early intervention for preventative purposes, as well as for the extension of the system to some people over 18.

New research shows short-term sentencing is costing society at least a billion pounds

29/06/2009

A new report marking the launch of Make Justice Work reveals the massive cost and chronic inefficiency of short-term prison sentencing in Britain today. It finds that:

  • Diverting one offender from custody to residential drug treatment would save society approximately £200,000 over the lifetime of the offender.
  • Diverting one offender from custody to intensive supervision with drug treatment would save society approximately £60,000 over the lifetime of the offender.
  • In 2007 alone – the most recent year where comprehensive data is available – the new research shows that had short-term prisoners who were drug-users been diverted to community based sentences society could have saved almost a billion pounds over the lifetime of the respective 7,873 prisoners (9.2% of all offenders given custodial sentences in that year).
  • Overall, the research reveals that the majority of community sentences provide similar or better value for money and effectiveness than short-term prison sentences.

Access to Justice: evidence of the experiences of adults with mental health problems

06/05/2009

The Ministry of Justice has published a report summarising international research evidence on the experiences of adults with mental health problems in the justice system.

  • Although the review found evidence of the high prevalence of offending amongst adults with mental health problems, there was conflicting evidence about the severity of offences associated with this group.
  • Adults with severe mental health problems, such as schizophrenia, are more likely to be victims of crime than the general population by as much as 23%.
  • There is evidence that prejudicial attitudes towards people with mental health problems may result in unfair criminal justice outcomes for victims.
  • In order to tackle the effects of stigma and discrimination on justice, lessons may be learnt from national strategies, for example to tackle racism and homophobia and from the joint working that was undertaken by police, Crown Prosecution Service and others to reduce domestic violence.

The Bradley Review of mental health in the criminal justice system

30/04/2009

Lord Bradley has published his review. It makes 82 recommendations including better assessment at the earliest possible opportunity and improved continuity of care for people with mental health problems or learning disabilities in the criminal justice system.

The government has also published its response.

WHO declaration on women's health in prison

29/04/2009

The WHO has launched its 'Kiev Declaration on Women's Health in Prison'.

The project has reviewed all issues affecting women's health in the criminal justice system and has especially considered the gross inequities in women's health in prisons. The project has adopted the declaration as evidence that justifies the recommendations and call for action in its conclusion.

Ministry of Justice to build 1,500-place prisons instead of 'Titans'

28/04/2009

The Justice Secretary has announced new plans on prison capacity and the management of both prisons and probation. Plans to build three 2,500-place 'Titan' prisons have been scrapped in favour of five 1,500-place prisons. The new prisons will bring total capacity to 96,000 by 2014.

The experiences of young people in custody

27/04/2009

The Prisons Inspectorate and the YJB have published a report on young people’s experiences of custody, drawn from Inspectorate surveys over the last two years.

Children and young people in custody 2006-2008 shows that, as in previous years, many young people were marginalised and excluded before they came to prison: one in three had been in care and the great majority had been excluded from school.

Guidance for working with mentally disordered offenders

15/04/2009

The Ministry of Justice has published guidance and forms for those working with mentally disordered offenders (restricted patients). The guidance covers work with restricted patients detained in hospital and those discharged into the community.

A guide for the management of dual diagnosis for prisons

09/04/2009

Prisons vary in the way in which the functions of mental health and substance misuse interventions are divided between the various services involved. These guidelines are intended to be used as a framework that can be adapted by individual establishments to provide co-ordinated services to this client group.

Forum for Preventing Deaths in Custody annual report

27/03/2009

The Forum's 2007/08 report summarises its work over the past year and suggests a number of issues it considers warrant further work.

The report records a slight increase in the number of deaths across all custodial sectors in England and Wales, from 550 during 2006/07 to 577 during 2007/08. The number of deaths remains lower than in 2004/05 and 2005/06, which were 590 and 586 respectively.

Justice Minister Shahid Malik MP will chair the new Ministerial Council on Deaths in Custody.

The economic case for and against prison

06/03/2009

The Matrix Knowledge Group has published an update to its report that looks at: Are prison sentences really a cost-beneficial way of reducing offending behaviour in those populations who are at risk of further offending?

It concludes that using community-based interventions not only offers significant savings as against the prison option, but it is better at cutting repeat crime.

Inside Out - offenders' mental health outside prison

26/02/2009

Offenders with mental illnesses come into contact with the criminal justice system in other places than prison, including police custody, the courts and probation. This report from Policy Exchange focuses on contacts at “non-prison” locations, outlining their limitations in dealing with the mentally disordered, and using examples of good practice from the UK and abroad to suggest improvements.

Commissioning healthcare in prisons

26/02/2009

The Healthcare Commission and HM Inspector of Prisons have published a joint report on the commissioning of healthcare services in prisons.

The report says that commissioning of healthcare services by primary care trusts (PCTs) was variable and did not always meet the health needs of individual prisoners because of a lack of planning and poor assessment of the health needs of prisoners.

The watchdogs also said that many PCTs did not commission court diversion schemes.

A second review of healthcare in the community for young people who offend

26/02/2009

The Actions speak louder report highlights the changes that have taken place since 2003 in healthcare in the community for children and young people who had been involved, or were likely to become involved, in offending behaviour since the first phase of the inspection cycle. It also makes recommendations to help the organisations involved make further improvements.

Lessons from America on prisons

09/02/2009

The Commission on English Prisons Today has published Lessons from America, based on their research into the criminal justice system in New York.

Unlike most areas of the USA, New York has seen a drop in prison numbers alongside a drop in crime. Those who work in the criminal justice system in the city believe that it is possible to reduce the prison population, create a safer community and reduce crime.

This has been done in New York City by developing 'problem-solving justice', diverting away from prison low-level, non-violent offenders while investing heavily in a range of treatment to overcome their mental health needs, addiction, housing needs or other problems.

The Commission hopes to publish a final report later this year.

Prison Reform Trust report on mental health needs in prison

04/02/2009

The PRT has published a new report, Too Little, Too Late: An Independent Review of Unmet Mental Health Need in Prison which reveals that many people who should have been diverted into mental health or social care from police stations or courts are entering prisons, which are ill equipped to meet their needs, and then being discharged back into the community without any support.

Commissioning talking therapies for offenders

03/02/2009

Alongside guidance for the whole community, the Department of Health has published a guide to assist commissioners to deliver Improving Access to Psychological Therapies (IAPT) services for offenders in prison.

HM Inspectorate of Prisons annual report 2007-2008

29/01/2009

The Chief Inspector of Prisons, Anne Owers, has produced her Annual Report for 2007-08.

In it, she highlights:

  • growing concerns about safety, particularly in dispersal prisons and young offender institutions, and rates of self-harm among women
  • the growing problem of alcohol misuse and the limited investment in this in prisons or the community
  • the potential effect of the recession on prisoners’ employment and resettlement prospects

She includes several lessons for government, including:

  • to avoid ill-considered and unresourced legislation of the kind that produced the indeterminate sentence for public protections
  • to invest in alternatives to prison for those who do not need to be, and should not be, there – more work is needed to provide for those with mental health problems, and to implement the Corston review on women

Deaths in prison custody 2008

05/01/2009

The Ministry of Justice has announced that there were 61 apparent self-inflicted deaths among prisoners in England and Wales in 2008

This year saw the lowest number of self-inflicted deaths since 1996, although rises and falls from one year to the next are not good indicators of underlying trends. The most reliable guide is the three-year average annual rate.

Review of HM Prison Service's five-year race equality plan

16/12/2008

This document reviews HM Prison Service's five-year race equality plan and demonstrates the progress made in putting systems and processes in place to effectively manage race equality in prisons.

Delivering the government response to the Corston Report

10/12/2008

The government's one year progress report on its strategy for addressing the needs of women offenders, in response to the Corston review of women in the criminal justice system.

The Mental Health and Criminal Justice Third Sector Liaison Forum's response to the PACE Review

01/12/2008

The Mental Health and Criminal Justice Third Sector Liaison Forum has responded to the Home Office's review of PACE - the Police and Criminal Evidence Act.

Read the response here.

Commons report on the supervision of community orders

07/11/2008

The Commons public accounts committee has published a report on the supervision of community orders in England and Wales. It finds that the Ministry of Justice does not have basic information on their effectiveness, but that reconviction rates for community sentences are lower than for those sentenced to custodial sentences for similar offences.

The problems and needs of newly sentenced prisoners

14/10/2008

This Ministry of Justice has released the first report from a major longitudinal survey of prisoners – 'Surveying Prisoner Crime Reduction'. It contains information from interviews with newly sentenced adult prisoners.

The national survey looks at issues such as physical and mental health problems; accommodation and employment pre-custody; qualifications; and drug and alcohol use.

Overall suicide rate falling, but increasing in prisons

04/08/2008

The 2007 Annual Report of the National Suicide Prevention Strategy for England highlights a continuing fall in the overall suicide rate, but also concludes that:

  • There were 145 suicides among mental health in-patients in 2005 compared with 157 in 2004.
  • There were 1277 suicides among people in contact with mental health services in 2005, compared to 1308 in 2004.
  • There were 82 self inflicted deaths in prisons in 2007/08 compared with 71 in 06/07.
  • While much progress has been made in the reporting of suicide by the media, many journalists and editors remain unaware of either general or in-house reporting guidelines on suicide.

A Health Needs Assessment of Offenders on Probation Caseloads

24/07/2008

A University of Lincoln study to investigate the health needs of a group of offenders in Nottinghamshire and Derbyshire.

The report also examines the way in which offenders on probation access services.

Policy Exchange report on mental healthcare in prisons

08/07/2008

Out of Sight, Out of Mind demonstrates that change is needed across the board to tackle the high levels of mental distress among the rising prison population.

High Hopes: Supporting ex-prisoners in their lives after prison

08/07/2008

This report examines the impact of support services on the decisions prisoners made and their attitudes and expectations immediately prior to and following their release. It covers employment, housing, substance misuse, finances and the service providers' views.

The Rethinking Crime & Punishment Manifesto

04/07/2008

Rethinking Crime and Punishment is the Esmée Fairbairn Foundation's seven year programme for alternatives to prison. Their manifesto makes proposals about how the Government's allocation of £2.3 billion earmarked for building 'Titan prisons' might be spent on alternatives to prison.

Maria Eagle sets out progress in dealing with women offenders

24/06/2008

Publishing the government's six-month progress report on Baroness Corston's review, Maria Eagle outlined the progress made and the new commitments being considered, which include:

  • Pilots testing a new kind of search which does not require the removal of underwear unless information makes it necessary.
  • Piloting a new approach to providing access to community-based services and residential facilities by agencies working in a more integrated way.
  • Support to the continued development of the Turnaround project in Wales that demonstrates the value of multi-agency, multi-sector work with women offenders.
  • Developing specific guidance and support for offender managers on how to deal with women offenders.

Government supports community sentences

03/06/2008

The Ministry of Justice has produced a new document, 'Community Sentencing - Reducing Reoffending, Changing Lives', outlining the impact of strong community punishments, which can often be more effective in reducing reoffending than a short spell in prison.

New national service framework for female offenders

30/05/2008

The National Service Framework for Women Offenders lays out the Government's strategy for addressing the specific needs of female offenders.

The Framework will be used by all commissioners and providers who have a responsibility for delivering services for female offenders. It will be used as the basis for specifying the exact size, cost and nature of provision in order to deliver upon these priorities.

Offender Management Guide to Working with Women Offenders

30/05/2008

The Offender Management Guide highlights current good practice and provides additional information to offender managers working with women offenders. It informs probation staff of the changes that have occurred since the original guidance; in particular highlighting the importance of the Corston report and describing how offender managers can support the objectives of the National Service Framework.

Learning from Prisons and Probation Ombudsman reports

29/05/2008

This letter from Richard Bradshaw, Director of Offender Health, deals with best practice issues on learning from Prisons and Probation Ombudsman reports on death in custody.

Self injury in prison on the increase

14/04/2008

The Howard League for Penal Reform has examined Ministry of Justice figures that show that rates of self injury in prison have increased by almost 40% in the last five years.

Figures show that in 2003, there were 16,393 incidents of self injury in prison. In 2007, there were 22,459 incidents. This rise of 37% is almost four times the rise in the prison population for the same period, which was just over 9.5%. Self injury rates among women in prison have risen even further, with a 48% rise in recorded incidents between 2003 and 2007.

These figures are only the registered incidents of self injury in prisons. A significant number of incidents may go unreported.

Meeting needs? The Offenders' Learning and Skills Service

07/03/2008

The National Audit Office has published a report on whether offender learning programmes are delivering efficiently and are giving offenders the skills needed to help them find employment.

According to the report some of the fundamentals are still not in place – matters like identifying which courses most help offenders to get a job, identifying which offenders need which skills, and helping more of them to finish a course they start.

Community sentences are better at reducing reoffending

28/02/2008

Jack Straw has said that community sentences such as unpaid work, supervision, behaviour programmes and drug rehabilitation are often more effective in preventing reoffending than short prison sentences.

Ministry of Justice Prison Policy Update

31/01/2008

The Ministry of Justice has published a Prison Policy Update which includes new initiatives on tackling re-offending by getting prisoners off drugs and into work.

Women and the criminal justice system - statistics

31/01/2008

The Ministry of Justice has published Women and the Criminal justice System which brings together statistics produced by a range of agencies relating to the experience of women within the criminal justice system.

Procedure for the transfer of prisoners to and from hospital

12/12/2007

The revised and updated Procedure aims to help colleagues to work together more effectively to secure and sustain significant improvements in any unacceptable delays when tranferring prisoners to hospital under Sections 47 and 48 of the Mental Health Act 1983.

The Government's Response to the Corston Review of Women in Prison

06/12/2007

The Government has responded to Baroness Corston's 'Review of Women with Particular Vulnerabilities in the Criminal Justice System' which was published in March. The Government's response sets out the commitments that have been made across departments to take forward the recommendations.

Lord Carter's Review of Prisons - report

05/12/2007

Lord Chancellor and Secretary of State for Justice Jack Straw made a statement to the House of Commons on the report of the prisons review carried out by Lord Carter of Coles. Lord Carter was asked in June 2007 to undertake a review into the prison system. The review 'Securing the future Proposals for the efficient and sustainable use of custody in England and Wales' includes proposals for:

  • extra funding to add an additional 10,500 prison places by 2014
  • up to three large 'Titan' prisons to be built, each housing around 2,500 prisoners
  • smaller and older prison sites could be closed or reconfigured to accommodate female or juvenile offenders
  • using Indeterminate Sentences for Public Protection (IPPs) only for sentences of two years and more

He also announced a review of diversion schemes, custodial based placement and transfer for mentally disordered offenders, to be conducted by Lord Bradley.

Conservative party and Centre for Social Justice to both review prisons

13/11/2007

The Conservative party is to launch an official inquiry into the failing prison system, examining overcrowding and diversion for people with mental health problems and drug addictions. The enquiry will be run by the shadow justice secretary, Nick Herbert, and the shadow prisons minister, Edward Garnier. It will report in spring next year.

Ian Duncan Smith's Centre for Social Justice has also announced a review that will be led by former cabinet minister Jonathan Aitken.

Pathway to care for older offenders : toolkit for practice

29/10/2007

The Department of Health has published a toolkit to assist in the delivery of care for older offenders whilst in prison. It includes assistance in resettlement back into the community to reduce re-offending.

Prison health performance indicators

25/10/2007

The Offender Health team has developed a set of voluntary indicators to measure the quality of prison health services and to help achieve the objective of NHS-equivalent standards. The data is intended to support and inform existing local performance management processes.

Inspector of Prisons report on mental health of prisoners

24/10/2007

HM Inspectorate of Prisons has published a report called 'The mental health of prisoners. A thematic review of the care and support of prisoners with mental health needs'. It identifies gaps in services and makes recommendations for improvements.

Nacro calls for better mental health provision in custody

10/10/2007

Nacro has published a report calling for a complete overhaul of the way the criminal justice system deals with offenders with mental health needs, starting with a statutory duty for all police stations and courts to have access to a criminal justice mental health liaison scheme.

'Effective mental healthcare for offenders: the need for a fresh approach' sets out several priorities for changing the system to better meet the requirements of offenders with mental health needs.

Briefing on supporting women in prison who have experienced violence and abuse

13/09/2007

The Greater London Domestic Violence Project has published a briefing on the needs of women offenders that are also victims of domestic violence. It includes recommendations to address policy, training, diversion, assessment and race inequality.

Best Practice Guidance for adult medium-secure services

29/08/2007

The Department of Health has published best practice guidance for all medium-secure services. It includes quality principles, specifications and indicators.

Women and Justice report - Fawcett Commission

25/07/2007

The Fawcett Commission on Women and the Criminal Justice System has published its fourth report, on Women and Justice. The report states that women are being sent to prison who shouldn't be there and that this is causing many more women to commit suicide.

It makes recommendations that women should not be sent to prison for non-violent crimes and that the Government must urgently plan to implement the recommendations of the Corston Report, providing community alternatives to prison that are designed for women.

Examples of good practice in offender health

09/07/2007

The report outlines examples of good practice in provision of health care services to offenders in prison and the community. The examples have been drawn from surveys, internet search and individual submissions.

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