Martin Partington: Spotlight on the Justice System

The Ministry of Justice has announced that it is reviewing the use of simple cautions, in the light of evidence suggesting that some serious and serial offenders are being cautioned when they should be brought before the courts.

Unusually, this review is not it seems accompanied by any consultation document, though this may be published later. There is a press announcement available at http://www.justice.gov.uk/news/press-releases/moj/cautions-for-serious-and-repeat-offenders-under-review

When the Legal Services Commission was created, legal aid was technically replaced by the Community Legal Service and the Criminal Defence Service. The abolition of the LSC, from 1 April 2013, is leading to some significant ‘rebranding’. This note summarises the changes, and updates the text in my book which is now out of date.

1. The Legal Services Commission becomes the Legal Aid Agency on 1 April 2013 .
2. Community Legal Service (CLS) will be referred to as civil legal aid from 1 April 2013.
3. Criminal Defence Service (CDS) will be referred to as criminal legal aid from 1 April 2013.
4. Community Legal Advice will be renamed as Civil Legal Advice from 1 April 2013. It will have the strapline: ‘Civil Legal Advice, a national adviceline for England & Wales, paid for by Legal Aid’.
5. CDS Direct will be renamed as Criminal Defence Direct (CDD) from 1 April 2013.

See http://www.justice.gov.uk/legal-aid/newslatest-updates/crime-news/what-happens-to-lsc-logos-in-april-2013

The Government has just published a consultation paper on how youths detained in custody should be handled. While the total numbers of such youths have declined in recent years, those that remain detained have very high rates of re-offending and do a lot of damage to the communities in which they live.

Government figures show:

1. In the 12 months to June 2012, 3,645 of all young offenders sentenced received a custodial sentence, 94% of whom were boys. Over half of these were 17 years old.
2. According to the latest reoffending statistics for 2011/12, 73% of young offenders reoffended within a year of leaving custody, compared to 47% of adults leaving custody.
3. The youth secure estate currently consists of three different types of detention including Young Offender Institutions (YOIs), Secure Training Centres (STCs) and Secure Children’s Homes (SCHs).  In 2012/13 the Youth Justice Board expects to spend approximately £245 million on the detention of young offenders:
   • A place in a Secure Children’s Home costs an average of £212,000 per annum
   • A place in a Secure Training Centre costs an average of £178,000 per annum
   • A place in a Young Offender Institution costs an average of £65,000 per annum.
4. YOIs are contracted to deliver 15 hours of education per week, though this is not frequently achieved.  Of 15-17 year olds entering YOIs, half were assessed as having the literacy levels of a 7-11 year old; of 15-17 year olds 88% of young men and 74% of young women had been excluded from school. 18% of young people in custody (under sentence) had a statement of special educational needs, compared to 3% in the general population

The Government rightly regards this as unacceptable. In this new Consultation Paper, the Government seeks views on its idea that education should be placed at the heart of the managements of young offenders. While educational opportunities are already available in young offender institutions, the Government argues that education should be at the centre of the philosophy and practice relating to the treatment of young offenders.

Of course, the Government hopes that a new approach might also save money. But where costs currently run at up to over £200,000 a year to manage someone with a very high risk of reoffending, what is currently on offer does not look like value for money.

The Consultation runs until the end of April 2013. It is not yet clear exactly what shape final reform will take. much will depend on whether these proposals are seen as ‘soft on crime’ or bringing new discipline to often rather chaotic and unhappy lives.

I think the Government makes a persuasive case for change. What do you think? To read the consultation go to https://consult.justice.gov.uk/digital-communications/transforming-youth-custody

From 1 October 2012 the Victim Surcharge was increased and extended to force more criminals to pay towards supporting victims of crime. The money raised supports local organisations that support victims at their most vulnerable.

Adults convicted of an offence committed on or after 1 October 2012 will have to pay the Surcharge at the new rate – 10% of any fine (max £120, min £20), conditional discharge (£15), community (£60) or custodial sentence (£80, £100 or £120 depending on length of sentence).

This is estimated to mean that offenders will provide up to £50 million more each year for victims services or organisations. This is on top of the £66 million already provided by central Government to victims’ services each year.

In the book I note that the former Victims Commissioner, Louise Casey, had decided to step down from the post. For some months it has been unclear whether she would be replaced.
However just before Christmas 2012, the Ministry of Justice announced that there would be a new Commissioner, Baroness Helen Newlove.

She brings considerable experience to the role since she has campaigned tirelessly for victims since the tragic death of her husband Garry in 2007. He was murdered outside the family home by a gang of youths, all alcohol and drug fuelled. In her role as the Government’s Champion for Active Safer Communities she has also worked with local people to make communities safer and to find solutions for local problems.

For more details of her appointment see http://www.justice.gov.uk/news/press-releases/moj/helen-newlove-unveiled-as-the-victims-commissioner

In the book I argue that it is hard to encourage rational debate on sentencing policy. Discussion tends to be hi-jacked by shrill comments from politicians and the press.

To encourage better public understanding of sentencing and its actual application in particular cases, the Ministry of Justice created an interactive website – You be the Judge – which invites you to be the judge. The scope of the website has been expanded to include new offences.

From 30 November 2012, cases of murder, manslaughter, drug dealing and teen crime were added to the website You be the Judge.

To try you hand at sentencing go to http://ybtj.justice.gov.uk/

New rules arising from enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force on Monday 3 December 2012. The present package includes:

The provisions which came into effect include:

• Introduction of ‘two strikes’ – imposition of a mandatory life sentence for people convicted of a second very serious sexual or violent offence;
• New Extended Determinate Sentence (EDS) – Repleacing Indeterminate sentences, this is a new sentence for dangerous criminals convicted of serious sexual and violent crimes for whom there will be no automatic release from prison halfway through their sentence. They will only be released when they have served at least two-thirds of their prison sentence and may be kept inside prison until the end of their term;
• Knife possession – New offences to target those who use a bladed or pointed article or offensive weapon in a public place or school to threaten and cause immediate risk of serious physical harm to another. These offences will be subject to a maximum penalty of 4 years’ imprisonment. They will also carry a minimum six month prison sentence for adults or a four month Detention and Training Order for 16 – 17 year olds;
• Dangerous driving – new offence of causing serious injury by dangerous driving with a maximum sentence of five years in prison;
• Tough new sentences for hate crime – starting point of 30 years in prison for people convicted of murder motivated by hatred or hostility towards disability or transgender people, up from 15 years. This will bring such cases into line with murders aggravated by race, religion and sexual orientation;
• Tougher community sentences – increase in the maximum length of a curfew requirement in a community sentence from 6 to 12 months, increasing the maximum period of time criminals can be subject to a curfew from 12 to 16 hours per day. Introducing foreign travel bans; and
• Challenging bail decisions. This will allow prosecutors to challenge Crown Court bail decisions where there is serious risk of harm to a member of the public.

Further changes resulting from enactment of LASPO will be brought into effect during 2013.

See http://www.justice.gov.uk/news/press-releases/moj/new-sentences-and-criminal-offences-come-into-effect

The concept of restorative justice has been around for sometime.

The idea is fairly straightforward. In the criminal justice context, restorative processes give victims the chance to tell offenders the real impact of their crime, to get answers to their questions about why they became vicitms of a crime, and an apology. Restorative justice holds offenders to account for what they have done, helps them  understand the real impact of what they’ve done, to take responsibility and make amends.

Restorative processes are also increasingly being used in schools, care homes and the wider community to address conflict, build understanding and strengthen relationships with young people. In these contexts it is also known by the names ‘restorative approaches’ and ‘restorative practices’.

Research from the Ministry of Justice suggests that restorative justice can help victims come to terms with what has happened to them and can reduce the rate of reoffending by offenders.

In November 2012, the Government published an action plan for restorative justice in the criminal justice system. It has also tabled amendments to the Crime and Courts Bill currently being discussed in Parliament, which will enable judges to defer sentencing a person convicted of a crime until after a restorative justice.

As a consequence of this measure,  restorative justice will then be accessible at every stage of the criminal justice process, from initial arrest through to prison, for those victims and offenders who are willing.

Research also showed that the use of restorative justice was very patchy. It is the clear intention of the Action Plan that its use should become more widespread through the criminal justice system.

To read the Action Plan, go to http://www.justice.gov.uk/downloads/publications/policy/moj/restorative-justice-action-plan.pdf

The use of restorative justice processes is promoted by a private charity, the Restorative Justice Council. For details of their work go to http://www.restorativejustice.org.uk/