Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘rehabilitation

Problem solving courts – next steps

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One of the really interesting ideas under consideration in government and the judicary is that of ‘problem solving’ courts. The concept has been floating around for some time but has recently been given new impetus.

The idea is that offender behaviour change might be enhanced through a model of judicially supervised rehabilitative programmes. These would be designed to encourage
innovation in the use of judicial disposals and improve compliance with the orders of the court; and to deliver a swifter and more certain response to crime and to reduce
reoffending.
In February 2016, the government  announced the terms of reference for a working group – reporting to the Lord Chancellor and the Lord Chief Justice.
The working group will advise on:
  • existing models of problem-solving courts nationally and internationally, and their applicability to England and Wales;
  • the feasibility of options for pilot models including practical, legislative and constitutional issues, and judicial leadership;
  • the support needed from within and without the criminal justice system, including the development, or improvement, of pathways in to rehabilitative and behaviour change interventions
  • the key criteria for a future suite of pilots of problem-solving courts, including the lessons from previous pilots and the required statutory provisions for taking forward any new pilots.
The working group will need to take account of domestic and international evidence of what works well in engendering behaviour change through a problem-solving court approach. This includes the scope, quality and effectiveness of past and current models, in particular theUSA, Canada, Australia and New Zealand.The group should also consider the reasons why previous attempts at setting up Problem Solving Courts have been unsuccessful and take account of lessons learnt.
No date is given for the completion of the group’s work but I guess it won’t appear before the end of 2016.
It obviously is designed to fit with recent announcements about changes to the ways in which prisons are run – and the need to ensure that few people are actually sent to prison so that – om their different ways – both courts and the prison service will be working on offender education and rehabilitation.
The text of the announcement is at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/499465/tor-problem-solving-courts.pdf
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Written by lwtmp

February 19, 2016 at 5:41 pm

The treasure in the heart of man – making prisons work

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The new Lord Chancellor, Michael Gove, is turning out to be a very interesting appointment. Following his speech on his vision for the justice system, (see this blog 23 June 2015), he has now given a truly remarkable lecture on how prisons might be made to work more effectively in helping to rehabilitate offenders and leading them to play a constructive role in society.

Taking his inspiration from Winston Churchill, who once said ‘There is a treasure, if only you can find it, in the heart of every man’ he has noted that education must be at the heart of the prison experience.

To be fair, his predecessor said something very similar; but then went on to ban books being available to prisoners, which seemed, at the least, to be counter-productive.

Michael Gove, pursuing interested he had as Secretary of State for Education, has returned to the same theme.

At present, Gove noted

45% of adult prisoners re-offend within one year of release. For those prisoners serving shorter sentences – those of less than twelve months – the figure rises to 58%. And, saddest of all, more than two-thirds of offenders under the age of 18 re-offend within twelve months of release.

Referring to the characteristics of those in prison, he said:

Prisoners come – disproportionately – from backgrounds where they were deprived of proper parenting, where the home they first grew up in was violent, where they spent time in care, where they experienced disrupted and difficult schooling, where they failed to get the qualifications necessary to succeed in life and where they got drawn into drug-taking.

Three quarters of young offenders had an absent father, one third had an absent mother, two-fifths have been on the child protection register because they were at risk of abuse and neglect.

  • 41% of prisoners observed domestic violence as a child
  • 24% of prisoners were taken into care as children. That compares with just 2% of the general population
  • 42% of those leaving prison had been expelled from school when children compared to 2% of general population
  • 47% have no school qualifications at all – not one single GCSE – this compares to 15% of the working age general population
  • Between 20 and 30% of prisoners have learning difficulties or disabilities and 64% have used Class A drugs

His answer to this is to try to ensure that there is much more ‘purposeful activity’ in prisons so that prisoners are helped to fill in some of the gaps in their education and upbringing.

Gove continued:

In prisons there is a – literally – captive population whose inability to read properly or master basic mathematics makes them prime candidates for re-offending. Ensuring those offenders become literate and numerate makes them employable and thus contributors to society, not a problem for our communities. Getting poorly-educated adults to a basic level of literacy and numeracy is straightforward, if tried and tested teaching models are followed, as the armed forces have demonstrated. So the failure to teach our prisoners a proper lesson is indefensible.

In this context, Gove proposes that prisoners should be required to earn early release from prison by showing they have participated in and learned from appropriate educational opportunities. He want to down play, even abolish, the automatic release of prisoners halfway through their sentences – a practice which he says means that sentences imposed by judges hardly ever mean what they purport to say.

It is not clear how far detailed policy work has been undertaken to bring this vision into effect – it seems likely that it would be a policy that would require significant additional resources, even if in the long run savings could be made through the reduction It may therefore be easier said than done. But as a goal for the prison system to aim for, it makes a lot of sense.

To read the whole speech go to https://www.gov.uk/government/speeches/the-treasure-in-the-heart-of-man-making-prisons-work

Written by lwtmp

August 3, 2015 at 9:55 am