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Welcome to the December 2024 edition of the Clinks Policy Briefing. Let us know your thoughts about this newsletter, or any of the things it has covered by emailing the Policy team.
This month:
- Our Policy Work including updates on our annual conference, and a number of Clinks consultation and inquiry responses.
- Latest Justice News including the announcement of investment in legal aid, new protective orders for victims of domestic violence, and His Majesty’s Prison and Probation Service’s (HMPPS) annual Offenders Equalities Report.
- Parliamentary News including debates on the children of people in prison, a motion to extend Home Detention Curfew eligibility, and upcoming debates on steps to reduce the IPP prison population.
- Sector Insights including Clinks recent blog on the future of probation services for women, a new report from HMI Prisons on experiences of children held in secure training centres and young offender institutions, and HMPPS’ first annual report on the IPP sentence.
- Get Involved including a consultation from The House of Lords Justice and Home Affairs Committee on prison culture and The Justice Committee inquiry into rehabilitation and resettlement.
Over the last few weeks, we have met with the Lord Chancellor, and the Sentencing Minister, Sir Nick Dakin MP. Our Chief Executive, Anne Fox, discussed with the Lord Chancellor the prison capacity crisis, and the need for long-term reform of the system – partly to be brought about by the findings of the Independent Sentencing Review. Also covered was how technology can support effective rehabilitation, as well as the need to go further on addressing racial disparities. Additionally, Lord Timpson, Minister for Prisons, Parole and Probation was the keynote speaker at our annual conference and discussed his priorities for his role.
We have been working across the sector to gather evidence that will inform our submission to the Independent Sentencing Review. As part of this work, we held three separate focus groups covering community sentences, long sentences, and innovation. Please fill out our survey before 6 January 2025 or contact Rachel Tynan to if you wish to input.
This month, we have submitted, or are working on, a number of responses:
- Responded to HMI Probation’s consultation on its thematic and research programme for 2025-26, highlighting the need to focus on recall processes.
- Responded to the Welsh Parliament Finance Committee’s inquiry into the Welsh Government Draft Budget 2025-26.
- Are compiling a response to the Justice Select Committee’s inquiry on ‘rehabilitation and resettlement’: ending the cycle of reoffending’. We currently have a survey out asking for input into the purposeful activity section of the inquiry until 10 January 2025, which can be found here.
- Currently drafting a response to the Civil Society Covenant 2024 consultation that is being run by the Department for Culture, Media and Sport, in partnership with NCVO.
Clinks has set up a peer mentoring advisory group, made up of a range of voluntary organisations, which will be working with HMPPS and the Ministry of Justice on the development of a new approach to peer mentoring. We also held a roundtable with voluntary organisations and officials, which provided sector feedback to help inform the development of policy related to the Government’s manifesto commitment of improving the purposeful activity offer in prisons.
Clinks and NPC, supported by Barrow Cadbury Trust, are convening an online roundtable on the environmental crises and the prison system. The roundtable will be held on Thursday 16 January 2025, 10.30-12.30pm, for charities working in the criminal justice sector. It will help organisations to: understand how the climate and nature crises will affect people in prison; examine the actions already being taken in policy and practice to mitigate these impacts; take action to ensure further support is available to people in prisons where needed. The roundtable is being convened as part of NPC's Everyone’s Environment programme. Register here.
Finally, the former Lord Chancellor, Rt Hon David Gauke, attended December’s Reducing Reoffending Third Sector Advisory Board (RR3) meeting in his role chairing the Independent Sentencing Review. The meeting enabled RR3 seat holders to feed directly into the review. The views of RR3 seat holders will also be incorporated into Clinks' wider response to the review. Notes from the session have been shared with the sentencing review team and the panellists who were in attendance, and the meeting minutes will be available in due course.
Investment into legal aid sector
The Ministry of Justice (MoJ) have announced that, subject to consultation and once fully implemented, an additional £20 million will be invested into the legal aid sector every year to ensure that vulnerable people forced into unfair housing legal battles and at risk of losing their home have access to legal advice. Also announced is an increase earmarked for immigration work, including to help victims of modern slavery and trafficking, and domestic abuse.
Stricter sentencing measures to reduce violence against women and girls
The Government has announced stricter sentencing measures for those who kill their partners or ex-partners, as part of ongoing efforts to reduce violence against women and girls. The new guidance requires courts to consider longer sentences for cases involving controlling or coercive behaviour, even if there is no history of physical violence. This initiative follows recommendations from Clare Wade KC's domestic homicide sentencing review.
New protective orders for victims of domestic abuse
The MoJ have launched new protective orders for victims of domestic abuse. The Domestic Abuse Protection Notices can be issued by the police immediately following any incident of abuse, providing protection straight away and giving police time to apply for a Domestic Abuse Protection Order to secure longer term protection for the victim. The Notices will initially launch in Greater Manchester, three London boroughs and with the British Transport Police. They will also be used in Cleveland and North Wales from early 2025 ahead of a national rollout.
Education, skills and work peer mentoring in men's prisons
The MoJ has published research examining what contributes to effective education, skills development, and work-related peer mentoring in men’s prisons across England. The study explores the perspectives of those involved in peer mentoring, including mentors, mentees, and prison staff, highlighting the potential of these programs to support rehabilitation and improve outcomes. Peer mentoring was found to foster a sense of purpose, build confidence, and enhance employability for both mentors and mentees. The findings underline the value of peer mentoring as a tool for personal development and rehabilitation in prisons.
Offender Equalities Annual Report
His Majesty’s Prison and Probation Service (HMPPS) has published its Offender Equalities Annual Report for 2023-2024, offering key insights into equality, diversity, and inclusion (EDI) within the prison and probation systems in England and Wales. The report presents detailed data on the protected characteristics of individuals in the criminal justice system, highlighting disparities and areas for improvement. As of 31 March 2024, males comprised 95.9% of the total prison population, while females accounted for 4.1%. The female prison population increased by 9.7% over the year, rising from 3,315 to 3,635, while the male population grew by 3.9%, from 81,057 to 84,234. Black or Black British prisoners constituted 12.9% of the remand population and 12.1% of the sentenced population.
Recent Business
On 4 December 2024, a debate was held in Westminster Hall on the topic of children of prisoners. Clinks' Families Network have discussed the Government's manifesto commitment to identify and support children with a parent in prison. We will be publishing a blog soon outlining our position. Find out more about our families work here.
Lord Woodley (Labour) led the Second Reading debate on his Private Members' Bill on IPP re-sentencing. In the debate, Lord Timpson, Minister for Prisons, Parole and Probation, indicated that the Government did not support this approach. The Bill will now be considered by a Committee of the Whole House.
The Lord Bishop of Gloucester lead an oral question in the House of Lords, on the impact of the prison early release scheme (SDS40) on probation services.
The Justice Committee held a non-inquiry oral evidence session on 19 November 2024, hearing oral evidence from Prisons Minister, Lord Timpson, as well as officials Amy Rees, Chief Executive at HMPPS, and Ross Gribbin, DG Policy Group at Ministry of Justice. The Minister was asked about his priorities, the workings of the early release scheme, the Probation Service and public safety, plus the prison building programme and overcrowding, including recent urgent notifications.
The House of Lords Justice and Home Affairs Committee held two oral evidence sessions of its inquiry into prison culture: governance, leadership, and staffing. The first session took place on 19 November 2024 and heard from a number of expert witnesses including Tom Wheatley, President at the Prison Governors' Association. The second session on 26 November, heard from expert witnesses including Pia Sinha, CEO of Clinks member Prison Reform Trust.
Upcoming Business
On Tuesday 10 December, The House of Lords voted on a motion to approve the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendments) Order 2024. This will extend the eligibility period for HDC from 180 days to 365 days. The Secondary Legislation Committee report on the HDC measure can be found here.
Justice Oral questions took place yesterday morning (10 December).
Baroness Burt of Solihull (Liberal Democrat) will lead a question for short debate on 12 December 2024. The debate, lasting for up to an hour, will discuss further steps being taken to reduce the size of the IPP prison population following the publication on 15 November of the HMPPS Annual Report on the IPP Sentence.
Parliament will break for the Christmas recess with the last sitting day being on Thursday 19 December 2024, and will return on Monday 6 January 2025.
Latest criminal justice system statistics
The Ministry of Justice (MoJ) has published the latest Criminal Justice System Statistics Quarterly, offering insights into key trends in England and Wales. A total of 1.50 million individuals were formally dealt with by the criminal justice system in the past year, marking a 6% increase compared to the previous year. Overall, Out-of-Court Disposals (OOCDs) fell by 1%, although community resolutions rose by 3%. Prosecutions and convictions also saw significant increases, with prosecutions up 7% and convictions up 6%. Notably, prosecutions for indictable offences rose by 18% from the previous year and are now 8% higher than pre-pandemic levels.
The proportion and volume of defendants remanded in custody increased across all court stages. Meanwhile, the average custodial sentence length (ACSL) for indictable offences dropped slightly to 22.5 months, driven by shorter sentences for theft offences. However, there were increases for sexual offences (up 3.2 months) and drug offences (up 2.5 months).
Prison
The MoJ published a bulletin that presents prison population projections for England and Wales from October 2024 to March 2029. The resource outlines a projected "steady" population increase, particularly amongst adult males and adult females including those over 50 years old. The projections have been adjusted to reflect the recent impact of SDS40. It also acknowledges uncertainty due to other policy impacts, and therefore includes sub-population estimates alongside the effects of legislation, sentencing activity, and other factors relevant to the prison population.
Independent Monitoring Boards (IMBs) monitor and report on the conditions and treatment of those detained in every prison in England and Wales, as well as every immigration detention facility across the UK. Last week a thematic monitoring report was published highlighting unacceptable conditions assessed in the prison estate. This report provides an overview of the impact of aging buildings and delayed maintenance and repairs on men and women in adult prisons, and children and young people in young offender institutions (YOIs).
His Majesty’s Prison and Probation Service (HMPPS) has released its first annual report on the Imprisonment for Public Protection (IPP) sentence, covering the period from 2023 to 2024. The report provides an overview of progress and challenges in managing IPP prisoners and highlights key updates to the refreshed action plan. The annual report outlines efforts to address longstanding issues associated with IPP sentences, including supporting people in prison to progress towards release, enhancing post-release supervision and support for those on licence, addressing the psychological and rehabilitative needs of those serving IPP sentences, and working with the Parole Board to improve decision-making processes. The updated action plan introduces targeted measures aimed at reducing barriers to release and improving outcomes.
HMPPS has published research exploring the facilitators and barriers to implementing and delivering Offender Management in Custody (OMiC). The findings highlight that effective leadership, prison culture, and the presence of skilled, motivated, and empowered staff are vital to successful OMiC delivery. Additionally, the research emphasises that building strong, positive relationships is fundamental to creating safe and supportive prison environments. The study also identified barriers such as staff shortages and resource constraints, which can hinder the effective delivery of OMiC. Ensuring that leadership is supported, and that staff are adequately trained and empowered is crucial to overcoming these challenges.
An article published by Inside Time & Inside Information raises concerns that excluding individuals convicted of sexual offences from early release schemes might violate their human rights. Legal experts argue that blanket policies discriminating against specific groups of offenders fail to consider individual circumstances, rehabilitation progress, and proportionality in sentencing.
Women
The International Day for the Elimination of Violence Against Women was on 25 November. Staff from Together for Mental Wellbeing who support women in the criminal justice system highlighted key changes that are needed to improve support for survivors of violence. Recommendations include early intervention, trauma-informed approaches, gender-specific services, and holding perpetrators accountable. Improved housing and financial support, alongside culturally competent care, are vital to help women rebuild their lives. Find out more about the day here, including views from staff and how we can improve safety and support for women.
In our recent blog post The Future Of Probation For Women, Clinks explores some of the key insights, challenges, and recommendations discussed by specialist women’s organisations at Clinks' November Women's Network Forum. Women in contact with the criminal justice system face unique challenges and providing them with effective support requires a gender-specific, trauma-informed, holistic approach. Our Women’s Network gathered to discuss current probation arrangements, the challenges faced, and opportunities for the future – with an eye on the Government’s proposed strategic review of probation governance.
Race
Clinks member Spark Inside have been very inspired by this year’s Black History Month theme of ‘reclaiming narratives’ and their report shares powerful stories of identity, affirmation, resilience and transformation from young Black men in prison, which often go unheard. This report presents the findings of an audit of Black Hero’s Journey, a co-designed programme offering an impactful and culturally sensitive approach to rehabilitation. The programme is delivered by Black professional life coaches and fosters a ‘safe space’ for young Black men to engage with and explore their own identity.
Youth Justice
HMI Probation has unveiled its new youth justice inspection framework, set to take effect from Spring 2025 across England and Wales. The updated framework introduces significant changes aimed at enhancing the inspection process and improving outcomes for children and victims. The new framework is designed to ensure the Inspectorate puts the work delivered with children and victims at the forefront of their inspections; is agile and responsive as an Inspectorate, to ensure maximum impact of inspection; and drive effective practice and improvement.
A new report by HM Inspectorate of Prisons highlights alarming trends in the experiences of children aged 12 to 18 held in secure training centres and young offender institutions. The report reveals that a higher number of children in custody now feel unsafe, with 15% reporting concerns - more than double the 7% recorded in 2022-23. This rise in safety fears is accompanied by troubling findings about the conditions and opportunities available to children in these settings. Inspectors found that many children spend most of their time locked in cells, often exceeding 22 hours a day, with limited access to education or meaningful activities. Children who reported feeling unsafe were found to have far poorer outcomes across almost all areas of daily life. Many of these children were observed to be isolated in their cells with minimal opportunities for exercise or human interaction, compounding the negative effects of their confinement.
The Youth Justice Board issued a statement in response to the Inspectorate’s report, from its CEO, Steph Roberts-Bibby. Additionally, HM Chief Inspector of Prisons has written to the Chair of the Justice Committee, summarising the key insights from the analysis and urging for greater attention to these critical issues.
A new report from Nacro sheds light on the experiences and perceptions of disadvantaged young people, revealing significant concerns about crime and trust in policing. The findings show that over one in five young people surveyed reported being victims of crime, highlighting the vulnerabilities faced by those in disadvantaged circumstances. Despite their frequent exposure to crime, only 35% of respondents expressed trust in the police, pointing to a critical gap in confidence between young people and law enforcement. Nacro’s report underscores the importance of addressing the factors that contribute to these perceptions and experiences. Strengthening relationships between police and young people, while ensuring support for those affected by crime, are crucial steps to foster trust and community safety. The report also calls for collaborative efforts to tackle the root causes of crime and build a system where disadvantaged young people feel protected, heard, and valued.
A joint report by HMI Probation, Ofsted, the Care Quality Commission (CQC), and HM Inspectorate of Constabulary and Fire & Rescue Services highlights how local partnerships and services respond to children and families affected by serious youth violence. The report identifies significant challenges in ensuring coordinated and empathetic responses to those impacted by such violence. A lack of consistent collaboration and understanding among services often leaves children and parents feeling unsupported during critical moments.
Alongside the report, Ofsted commissioned research from Safer London, a charity dedicated to supporting young people and families. This research found that many affected by serious youth violence reported feeling a lack of empathy from professionals. However, when partnership working was effective, children and families spoke positively about receiving tangible, practical support that made a real difference.
Voluntary Sector
The UK Civil Society Almanac 2024, released by the National Council for Voluntary Organisations (NCVO), offers a detailed analysis of the voluntary sector's impact and trends. The report highlights the sector's significant economic contribution, income sources, and financial challenges. It explores workforce demographics, emphasising diversity and representation, and provides insights into volunteering trends and evolving participation.
Inquiries and Consultations
The House of Lords Justice and Home Affairs Committee has initiated an inquiry into prison culture, focusing on governance, leadership, and staffing within the prison system. This inquiry aims to explore how these factors influence the environment, effectiveness, and outcomes of prisons, including the impact on both staff and those in custody. The Committee is particularly interested in identifying challenges and best practices to foster positive cultural change within the prison system. You can submit evidence until 10 January 2025.
The Justice Committee has launched an inquiry into rehabilitation and resettlement, focusing on reducing reoffending and supporting prison leavers. It will examine the effectiveness of current rehabilitation services, barriers to resettlement such as housing and employment, and how agencies collaborate to deliver support. The inquiry also seeks to assess the long-term impact of existing strategies. Written evidence is invited from experts and stakeholders, with submissions closing on 8 January 2024.
Volunteering
Transform Justice is restarting its mass court observation programme, where citizen volunteers – courtwatchers – observe the daily hearings in court and report what they see. This year the project is expanding its scope to cover all London magistrates' courts. Sign up to the volunteer mailing list to hear when they schedule CourtWatch training in the new year.
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This month's edition was written by...
Clinks Specialist Policy and Communications Officer, Bronte Jack
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