Welcome to the September 2024 edition of the Clinks Policy Briefing. Following feedback, we have been working to refresh the look, feel, and format of this briefing to ensure it remains as useful as possible to our members across the sector. Let us know your thoughts on the refreshed newsletter by contacting the policy team.
This month:
- Our Policy Work: including the work Clinks has been doing to bring the voluntary sector together with officials to work around the upcoming releases under SDS40.
- Latest Justice News: including the Government reactivating Operation Early Dawn in some areas in the North of England to help manage prison capacity, the Lord Chancellor announcing start dates for IPP changes and the Welsh Government launching a new prison learning and skills policy.
- Parliamentary News: what is coming up in Westminster, ahead of the Conference Recess.
- Sector Insights: lots of recent publications from across the sector, including a new report from the Criminal Justice Alliance calling for collaborative criminal justice reform, research on the state of the women's sector from Women's Resource Centre, a briefing paper from the Howard League for Prison Reform on sentence inflation, and a new briefing from the Alliance for Youth Justice calling for the government to take bold action to re-imagine youth justice.
- Get Involved with the upcoming Women's Network Forum, North of England Criminal Justice Forum, and various Clinks Training sessions, as well as a consultation from HM Inspectorate of Probation on changes to its inspection framework, and the Sentencing Council on changes to sentencing guidelines.
Today (Tuesday 10 September) sees the first tranche of people released from prison under the government’s changes to the automatic release dates of people serving standard determinate sentences of five years or less. Clinks has held a number of events to bring together the voluntary sector supporting people leaving prison with key officials to discuss what was needed to best support the people being released today. These events have included sessions on accommodation, women, substance misuse services, and families services.
In these sessions, organisations highlighted the importance of partnership working, sharing information early, and ensuring that the momentum around preparing for the first tranche of releases is carried all the way through to the second trance in October. Read more about the issues raised and discussed in each of these sessions in our blog.
The next tranche of releases, for people impacted by the change serving sentences of over five years, will be on Tuesday 22 October. Alongside this, people serving eligible sentences will continue to see their automatic release dates set at 40% of the total sentence length, to help mitigate the prison capacity crisis.
Clinks will continue to work to bring the sector and officials together to explore how to best support people being released from prison, both as part of the regular pattern of releases and as part of the second large tranche of releases in October. Get in touch with Clinks’ Head of Influence and Communications if you would like to share any information or concerns about this policy.
Reintroduction of Operation Early Dawn
Following the criminal justice response to the racism, Islamophobia and violent disorder seen at the beginning of August, the government announced the reintroduction of Operation Early Dawn in prisons in the north of England to manage the exacerbation of prison capacity challenges. This means people will only be summonsed to a magistrates’ court when it is confirmed that a cell in the prison estate is available for them, should they be remanded to custody. People will be held in a police station until they are summoned to court.
Imprisonment for Public Protection (IPP) Sentences
The Lord Chancellor and Secretary of State for Justice made a written ministerial statement, setting out their intention of bringing forward the measures related to IPP sentences, contained in the Victims and Prisoners Act 2024. These changes will take place in two stages.
From 1 November 2024, anyone who was released on IPP licence for the first time five or more years ago, and has spent at least the last two years of that period continuously in the community without being recalled will have their IPP licence terminated without the need for a review by the Parole Board. If someone is recalled between now and 1 November, then, when next released, the two-year period will start again, and they will have to spend another two years continuously in the community without being recalled for their IPP licence to be terminated.
From 1 February 2025, the minimum period of time, following first release from custody, before someone serving an IPP sentence will have their case referred to the Parole Board for consideration of the licence being terminated will be reduced from 10 years to three years, for people who were over 18 when they were convicted. For people under 18 when they were convicted, the period will be reduced to two years. If the Parole Board determine not to terminate someone’s licence when they review a case after a three or two year period, it will still end automatically, after a further two years continuously in the community on licence, without being recalled, from that point.
Prison Learning and Skills in Wales
In Wales, the Welsh Government has worked in partnership with HM Prison and Probation Service (HMPPS) Wales, people in prison and people who have left prison, education providers, and voluntary sector organisations, to co-design a new prison learning and skills policy for Wales. Noting that people who find work on their release from prison are less likely to reoffend, the policy sets out that the learning environment in prisons should help build the necessary skills to find employment, enhance social and life skills, and improve the well-being and resilience of people in prison.
Both the House of Commons and the House of Lords have been in recess over the summer, with both houses returning on Monday 2 September. Justice Questions took place this morning, Tuesday 10 September, in the House of Commons, giving MPs the opportunity to put questions to the Lord Chancellor and her wider ministerial team about the work of the Ministry of Justice.
In the House of Lords, Baroness Burt of Solihull (Liberal Democrat) is leading a short debate on Thursday 12 September that is addressing the challenges around prison capacities and ensuring the safety and wellbeing of vulnerable people in prison.
Select Committee Chairs
The election of select committee chairs is also taking place this week. Nominations closed on Monday 9 September, with MPs taking part in the ballot on Wednesday 11 September. Whips from the main parties have agreed the allocation of committee chairs for each party. This will see the Justice Committee, the Women and Equalities Committee, and the Welsh Affairs Committee all being chaired by Labour MPs. The Health and Social Care Committee will be chaired by a Liberal Democrat MP, and the Home Affairs Committee, by a Conservative MP.
After nominations closed, where only one nomination was received for the chair of some committees, the results have already been announced. This saw Layla Moran (Liberal Democrat MP for Oxford West and Abingdon) announced as the new Chair of the Health and Social Care Committee, and Ruth Jones (Labour MP for Newport West and Islwyn) announced as the Chair of the Welsh Affairs Committee.
The UK Parliament website has posted the list of nominees and their supporters for the contested positions. There are two nominees each for the Justice Committee, Women and Equalities Committee, and the Home Affairs Committee.
You can find out more about the work of select committees on the UK Parliament website, and read about how Clinks has previously worked with select committees in the case study looking at how we influence policy.
Party Conferences
Parliament is due to rise for the Conference Recess at the end of the week, with the Commons rising on Thursday 12, and the Lords on Friday 13 September. During this break, the main political parties will hold their conferences.
- The Green Party’s conference took place last week, between 6 and 8 September, in Manchester.
- The Liberal Democrat’s conference will take place between 14 and 17 September, in Brighton.
- Reform UK’s conference will take place between 20 and 21 September, in Birmingham.
- Labour’s conference will take place between 22 and 25 September, in Liverpool.
- The Conservative conference will take place between 29 September and 2 October, in Birmingham.
- Plaid Cymru’s conference will take place between 11 and 12 October, in Cardiff.
Future Business
Parliament will return on Monday 7 October, with details of the business in the House of Commons for that week expected to be announced during the Business Statement on Thursday 12 September. The full Parliamentary calendar can be viewed on the Parliament website.
Criminal Justice System
The Criminal Justice Alliance (CJA) published its latest report, Time for change. It highlights the need for systemic change in the criminal justice system and argues for strengthened partnerships between government and civil society. In the report, CJA recommends that a greater focus is placed on rehabilitation over punishment, and the implementation of a prison that prioritises education, engagement, and physical activity.
With the criminal justice receiving a lot of attention both in the recent General Election and in the first part of the new Government’s term, policy makers have been keen to consider the public opinion about crime and punishment. The Centre for Crime and Justice Studies has published an article exploring the public’s views on these issues. Written by Dr Matteo Tiratelli, drawing on his research recently published in the British Journal of Criminology, writes that the public do respond to changing crime rates, but notes that the attitudes of politicians seem to be ‘stuck in the 1990s’ and these need to change for public policy to move away from ‘“tough” mode’.
The Howard League for Penal Reform published a report outlining how and why prison sentences have increased in recent decades and the impact this has had. The paper is signed by the four surviving former Lords Chief Justice of England and Wales, and the only surviving President of the Queen’s Bench Division, who was also Head of Criminal Justice. It notes the source of current prison overcrowding is decades of sentence inflation, and argues, if prisons are to become more effective in rehabilitating people and preventing reoffending, ‘there needs to be a fundamental shift in the drivers of sentencing policy'. The paper calls for an ‘honest conversation about what custodial sentences can and cannot achieve; their human and financial costs; and [urges] a return to more modest proportionate sentences across the board’.
Prison and Probation
With the first tranche of releases under the Government’s SDS40 policy taking place today, the Probation Service will be key to the success of those releases. However, we know that probation is a service under strain. At the beginning of the summer, the Howard League for Penal Reform published a blog that explored what could be done to reform probation whilst the Government recruits the 1,000 new trainee probation officers it committed to appointing. In this, it argued that the probation officers currently seconded to prisons could be redeployed to roles in the community.
Revolving doors also published an article looking at the crisis in the criminal justice system, suggesting that greater use of community sentences where people received proper support, could have enabled the current crisis to have been avoided. Consequently, it calls for the Government to prioritise community sentences, arguing that if the system does not change, and we continue to imprison such large numbers of people, the prison crisis will continue.
Particularly before the General Election, there was a focus on bringing about reforms to support people who are still serving Imprisonment for Public Protection (IPP) sentences. This culminated with the previous government passing the Victims and Prisoners Act 2024, which included changes in the rules about getting a licence terminated for people serving these sentences. The Howard League for Penal Reform, working together with Dr Laura Janes, the Prison Reform Trust, and Prisoners’ Advice Service, published a practical guide for people who are serving IPP sentences about terminating their licence, including both the existing process, and the forthcoming rules in the new legislation that has not been commenced.
Another important cohort of people to consider in prisons are older people, aged 50 and over, with the number of people in this group nearly trebling in the last 20 years, now accounting for about one-in-six people in prison. The Prison Reform Trust have noted that is has now been over three and a half years since the previous Government committed to publishing a strategy, and has recently published a report providing an insight into the experience of older people in prison, by Dr Jayne Price, based on consultation with 121 men and women aged 50 and over, serving long-term prison sentences across 39 different prisons.
In addition to the particular cohorts of people who make up the prison population, it is also important to consider the services provided to people whilst they are in prison, such as education. The Prisoners’ Education Trust published a briefing examining the importance of prison education, why further reforms are needed, and how it can be changed for the better. Recommendations for ministers include making it clear to everyone in the prison system that education is a priority for the Government, increasing funding for prison education to meet the needs of learners, and reviewing the upcoming prison education contracts to consider whether they are fit for purpose.
HM Inspectorate of Probation, the independent inspector of probation and youth justice services in England and Wales published its corporate plan for 2024-25. This sets out its achievements over the past year, as well as its strategic objectives and business plan for this year. With the Probation Service likely to face increased pressure, particularly as a result the two large tranches of releases under the SDS40 policy, the work of the Inspectorate continues to be vital to hold the service to account and help ensure the best outcomes for the people it supervises.
In August 2019, the Government announced a £100 million Security Investment Programme and has now published an evaluation of it. The programme aimed to reduce crime in prison through measures including reducing the conveyance of illicit items into prisons through the gate, reception and post, preventing mobile phones from working, strengthening staff resilience to corruption, and increasing targeted disruptions against serious organised crime and corrupt staff. The evaluation found, when delivered effectively, the programme’s interventions ‘showed promise of being able to meet the intended outcomes’. However, staff shortages and retention prevented the programme from having the greatest possible impact, meaning staff levels and training will be needed to make the programme fully effective.
The Ministry of Justice published an evaluation strategy, outlining its approach to reviewing and evaluating the main prison building programmes within the Prison Estate Expansion portfolio. It sets out the preliminary plans for evaluating each prison build programme, and for developing a cross-portfolio evaluation, research and evidence synthesis. The Government said the strategy will be updated periodically as the programme is implemented, and evaluations progress.
Resettlement
Homeless Link has updated its Knowledge Hub webpage on preventing homelessness on release from prison. This includes noting the particular challenges that have arisen around the changes to release made under the SDS40 policy. The page also highlights the work of the Reducing Reoffending Third Sector Advisory Group (RR3) and its Special Interest Group on Accommodation, as well as other evidence about what works to prevent homelessness for people leaving prison and examples of local protocols and approaches to this issue.
Parole
At the end of August, the Parole Board published and updated a number of guidance documents for its members. Guidance was updated regarding risk assessments, and people in prison who are children, with new guidance being published covering people who are maintaining their innocence, interventions undertaken by people in prison, and if/when the support of an intermediary may be required for a person in prison.
Race
The Equality and Human Rights Commission (EHRC) is Britain’s independent equality and human rights regulator, that, amongst other things, enforces the Equality Act 2010 and acts as the first port of call for policy makers, public sector bodies, and businesses who need authoritative guidance on equality and human rights law.
In August, the EHRC published the report that it submitted to the United Nations Committee on the Elimination of all forms of Racial Discrimination, in advance of a periodic examination of the UK’s compliance with the Convention on the Elimination of All Forms of Racial Discrimination. As part of this report, the Commission discussed the racial disparities seen in the criminal justice system and made recommendations including that the UK and Welsh Governments should complete the implementation of the recommendations of the Lammy Review, and increase efforts to improve data collection, monitoring and analysis around ethnic disparities in the criminal justice system.
Young Adults
HMI Probation has just published its thematic inspection report into the quality of services delivered to young adults. This inspection is the Inspectorate’s first evaluation of services for young adults as a distinct group, and it focuses on the quality of work delivered by the Probation Service. It was found that staff and managers had not received sufficient training to implement the Young Adults Policy Framework, introduced in 2022, and whilst some resources had been made available, staff are not always aware of them, or lack the confidence to use them. The report makes 11 recommendations to HMPPS, and HMPPS and the Ministry of Justice (MoJ) have published an action plan responding to the inspection report.
The MoJ published findings from the process evaluation of the Newham Youth2Adulthood (Y2A) specialist youth hub. The hub was developed to help address the age-specific maturity needs of young adults, which relate to their rehabilitation. By the end of the evaluation, young adults were accessing different services, and staff felt positive about the impact it was having on compliance and engagement, the successful completion of sentences, and young adults’ lives. A key strength of the hub was co-location of services, enabling quick and easy referrals to services that supported engagement. Staff and young adults were unanimously in favour of rolling out similar hubs in other parts of London and more widely.
Youth Justice
The Alliance for Youth Justice (AYJ) has just published its new briefing, based on extensive consultation with its voluntary sector members, that urges the Government to take bold action to re-imagine youth justice. The briefing sets out changes the AYJ argues must be prioritised to achieve a safeguarding response to vulnerable children, end racial injustice, and ensure that custody is a last resort. The briefing highlights the complex interrelationship between vulnerability, victimisation, and involvement in crime. It calls for systemic changes to prevent further harm to children and society, and create a system that promotes social justice and enables all children to reach their full potential.
The briefing sets out four key recommendations for the Government. These include creating a Department for Children, led by a Secretary of State for Children; rebalancing resources away from policing and community action towards supporting localised multi-agency solutions and community led services; creating a cross-government plan of action to end unjust racial disproportionality in the marginalisation, criminalisation, and mistreatment of children; and developing an ambitious, long-term strategy for keeping children out of custody and closing harmful child prisons.
HM Inspectorate of Probation has also published its 2023 annual report on inspections of youth justice services, looking at the 20 services inspected between October 2022 and October 2023. It has noted ‘impressive’ youth justice services, in ‘stark contrast’ to its findings across adult probation services. Inspections saw three-quarters of youth justice services rated ‘Good’ or ‘Outstanding’ and, overall, there was found to be a stable workforce with manageable workloads, sufficient training, and good quality staff supervision.
However, there remained areas of concern, particularly regarding the requirement for probation secondees to youth justice services, which impacts effective transitions from youth to adult services, effective information sharing, and the sharing of knowledge and expertise amongst staff, and addressing some children’s disproportionate representation in the youth justice system, specifically children in care, racially minoritised children, and children with speech, language and communication needs.
HMI Probation are holding a launch event for their youth justice report with HM Chief Inspector of Probation, Martin Jones, and other colleagues from the inspectorate to highlight some of its key findings. This will take place online on Friday 13 September, from 1000 to 1130.
The Youth Justice Board for England and Wales has published its business plan for 2024-25. This sets out how it will use oversight and evidence to prevent offending and help make communities safer, how it will advance the adoption of a Child First youth justice system, its areas of strategic development for the year, and how it will use the resources it has available to it.
The Ministry of Justice published the final evaluation report of the Youth Justice Reform Programme, which looks at the custody and community management of children who have committed offences. This evaluation focussed on custody changes, finding that every young offender institution (YOI) that participated in the study increasing its staffing levels and seeing the proportion of staff who remained in post for at least 12 months increasing. The programme was also found to have changed the culture of YOIs and secure training centres to a more rehabilitative environment. However, the report identified further changes were still needed, such as around recruitment strategies, and the workforce and management culture to allow for a more resilient and stable workforce.
The Voluntary Sector
Women’s Resource Centre published a report looking at the state of the women’s sector, based on a survey of its membership. This found that the biggest issues facing women’s organisations was the increasing demand for services and the complexity of cases, similar to the findings of Clinks’ own State of the Sector research. However, it found the top priority for ‘led by and for’ Black and minoritised women’s organisations was structural racism. In addition, 10% more organisations outside London said structural racism was an issue than those within the capital. The second biggest issue women’s organisations reported was the funding crisis, and nearly a third of organisations said they were experiencing a crisis in staff recruitment and retention.
The Charity Commission published its most recent research into public trust in charities, finding that, overall, trust in charities has remained stable since 2020, with new analysis showing the levels of trust are quite high. The research also explores what leads people to become distrustful of charities, and the work of the regulator in creating public trust in charities.
Courts
HMI Probation published a research and analysis bulletin that looks at the pre-sentence information that the Probation Service has provided to the courts. By examining 490 pre-sentence reports, it was found that less than half were deemed to be sufficiently analytical and personalised to the individual, supporting the court’s decision making. Moreover, reports for racially minoritised people were less likely to be deemed sufficiently analytical and personalised, supporting the court’s decision making.
Transform Justice have been running their CourtWatch London project in magistrates’ courts in the capital. Amongst other things, this aimed to improve understanding of what actually happens in court, to strengthen the case for change for more just decision-making, and explore the potential of community courtwatching in England and Wales. Based on how Transform Justice delivered its own courtwatching project, it has published a guide summarising its approach, aimed at anyone interested in setting up their own projects, such as charities, community groups, and universities.
Level Up published a legal toolkit for representing pregnant women and mothers in the criminal justice system. Written by three barristers at Doughty Street Chambers and the co-director of Level Up, it is designed to equip lawyers with the core legal arguments, tools, and resources to effectively represent pregnant women and mothers of infants, including at bail, sentencing, and appeals against sentence. It also provides practitioners with the key prison law issues facing mothers and pregnant women in prison. Whilst the toolkit is focussed on the position of mothers, who are usually the primary carers of young children, Level Up notes that much of the material will be of use to all who raise children.
Training Opportunities
The Women’s Resource Centre has opened applications to its Feminist Leadership Training Programme for 2024. This fully funded programme investigates and explores what makes a successful leader and feminist leader of social change. The programme is for women staff members or volunteers at women’s voluntary and community organisations in the UK. The programme welcomes applications from all women but will prioritise Black and racially minoritised women and emerging, rather than established, leaders or those with little or no experience of leadership.
Consultations
HM Inspectorate of Probation is running a consultation seeking views on changes to its inspection framework. This follows the announcement made by the Probation Service regarding the ‘Probation Reset’. The consultation is open until 2359 on 15 September 2024.
The Sentencing Council is consulting on a number of what it describes as ‘miscellaneous amendments’ to sentencing guidelines. It is proposing these changes to bring greater clarity and consistency to the guidelines and reflect developments in legislation. Changes include changing ‘children and young people’ to ‘children’ across all guidelines and including the aggravating factor ‘Offence committed in domestic abuse context’ in a greater number of specific offence guidelines. The consultation closes on 27 November 2024.
Events
Dr Shona Minson is holding an event to launch their latest British Academy Study, considering whether procedural justice exists for mothers in prison involved in family law proceedings and exploring the issues around the right to a fair hearing for women in prison. The webinar will take place online from 1700 to 1815 on 18 September 2024 and will feature Dr Minson in conversation with two prison social workers, Katia Parent and Becky Wray, as well as an opportunity for audience questions.
Clinks Events and Training
Over September, Clinks are holding several events and training sessions for voluntary organisations working in criminal justice.
- The next meeting of the Women’s Network Forum will take place on Tuesday 17 September, from 1000 to 1130, open to voluntary organisations who already provide a specific service or project for women in contact with the criminal justice system. This meeting will focus on the issue of probation through a gendered lens, aiming to build an understanding of the current barriers to effective probation arrangements for women.
- On Monday 30 September, from 1330 to 1500, Clinks is holding the next meeting of the North of England Criminal Justice Forum. This Forum aims to bring together partners working across the criminal justice system in the North West, Greater Manchester, Yorkshire and the Humber, and the North East. Confirmed speakers for this meeting include Kay Charlton, Senior Partnerships Manager for North of England at the Department for Work and Pensions, who will be discussing the process for engaging with the Department’s commissioning and any future opportunities on the horizon.
- Clinks has two training sessions coming up in September: the two-part ‘Why gender matters in the criminal justice system’ workshop, and the ‘Navigating the criminal justice system’ workshop. The ‘Why gender matters’ workshops take place online on Monday 23 and Tuesday 24 September, totalling five hours of training, and costs £95 for Clinks members. The ‘Navigating the criminal justice system’ workshop takes place on Thursday 26 September, running from 0930 to 1230, and costs £75 for Clinks members.
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This month's edition was written by Clinks Specialist Policy Officer, Franklin Barrington
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