Czajewski SEPTEMBER 20151 STEPHEN CZAJEWSKI The impact of Transforming Rehabilitation (Probation...

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czajewski SEPTEMBER 2015 czajewski SEPTEMBER 2015 1 STEPHEN CZAJEWSKI STEPHEN CZAJEWSKI The impact of The impact of Transforming Transforming Rehabilitation (Probation Rehabilitation (Probation Change agenda in England Change agenda in England and Wales) on Restorative and Wales) on Restorative Justice Justice

Transcript of Czajewski SEPTEMBER 20151 STEPHEN CZAJEWSKI The impact of Transforming Rehabilitation (Probation...

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STEPHEN CZAJEWSKISTEPHEN CZAJEWSKI

The impact of Transforming The impact of Transforming Rehabilitation (Probation Change Rehabilitation (Probation Change agenda in England and Wales) on agenda in England and Wales) on

Restorative JusticeRestorative Justice

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RISK TRAINING 2006RISK TRAINING 2006

Development of risk related Development of risk related practicepractice

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HAVEL CHAIR OXFORDHAVEL CHAIR OXFORD

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History – Thames ValleyHistory – Thames Valley

One of original pilot areas – much interest One of original pilot areas – much interest RJ in TV championed by police and in prisonsRJ in TV championed by police and in prisons Kept with it when it wasn’t trendyKept with it when it wasn’t trendy The silent yearsThe silent years Ran it as a Specified Activity – National Ran it as a Specified Activity – National

StandardsStandards Victim voiceVictim voice People started to come to see us – NOMS, People started to come to see us – NOMS,

Ministers, international focusMinisters, international focus

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History – Thames Valley and widerHistory – Thames Valley and wider

‘‘The whole world’s gone RJ dance crazy’The whole world’s gone RJ dance crazy’ RJ at every stage of the adult sentencing RJ at every stage of the adult sentencing

processprocessPre Sentence – deferredPre Sentence – deferredSpecified ActivitySpecified ActivityIntegrated Offender ManagementIntegrated Offender ManagementPrisonPrisonMore Serious Harm casesMore Serious Harm cases Police and crime commissioners legislative Police and crime commissioners legislative

responsibility for victim (and RJ) issuesresponsibility for victim (and RJ) issues

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TRANSFORMED REHABILITATION TRANSFORMED REHABILITATION LANDSCAPELANDSCAPE

Politically TR combines public ownership of Politically TR combines public ownership of some service with privatisation of otherssome service with privatisation of others

The opening up of Offender Management to new The opening up of Offender Management to new rehabilitation providers, while retaining court rehabilitation providers, while retaining court services and management of offenders who services and management of offenders who pose a high risk of serious harm (or who have pose a high risk of serious harm (or who have committed the most serious offences) in the committed the most serious offences) in the public sectorpublic sector

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TRANSFORMED REHABILITATION TRANSFORMED REHABILITATION LANDSCAPELANDSCAPE

The aim was to improve reducing re-offending The aim was to improve reducing re-offending performance by opening up the delivery of performance by opening up the delivery of probation to the market and introducing payment probation to the market and introducing payment by results contracts. by results contracts.

An additional aim was to deliver more for less – An additional aim was to deliver more for less – to make savings plus expand services to to make savings plus expand services to offenders sentenced to less than 12 months’ offenders sentenced to less than 12 months’ imprisonment.imprisonment.

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TRANSFORMED REHABILITATION TRANSFORMED REHABILITATION LANDSCAPELANDSCAPE

Community Rehabilitation Companies (private company, Community Rehabilitation Companies (private company, deliverdeliveroutsourced services, centrally contacted by MOJ/NOMS).outsourced services, centrally contacted by MOJ/NOMS).

Management and supervision of:Management and supervision of:Low to medium Risk of Serious Harm offenders in the community or custodyLow to medium Risk of Serious Harm offenders in the community or custodyPrisoners serving less than 12 months (includesPrisoners serving less than 12 months (includes additional licence supervision for 12 months)additional licence supervision for 12 months)Where there is actual or likelihood of escalation of Risk of Serious Harm, Where there is actual or likelihood of escalation of Risk of Serious Harm,

a case will be immediately transferred to NPS.a case will be immediately transferred to NPS.Delivery of:Delivery of: Integrated Offender ManagementIntegrated Offender Management Domestic Abuse programmesDomestic Abuse programmes General offending programmesGeneral offending programmes Activities designed to reduce re-offending (as part of the new Rehabilitation Activities designed to reduce re-offending (as part of the new Rehabilitation

Requirement)Requirement) Unpaid WorkUnpaid Work

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TRANSFORMED REHABILITATION TRANSFORMED REHABILITATION LANDSCAPELANDSCAPE

National Probation ServiceNational Probation Service (part of civil service) (part of civil service)Management and supervision of:Management and supervision of: High Risk of Serious Harm offenders in the community or custodyHigh Risk of Serious Harm offenders in the community or custody All MAPPA offendersAll MAPPA offenders Victim Liaison ServiceVictim Liaison Service Approved PremisesApproved PremisesDelivery of:Delivery of: Court services, including all pre-sentence reports, Court services, including all pre-sentence reports,

breaches/enforcement (both for NPS and TV CRC cases)breaches/enforcement (both for NPS and TV CRC cases) Recalls as aboveRecalls as above Risk assessments and allocation of all cases to either NPS or TV Risk assessments and allocation of all cases to either NPS or TV

CRCCRC Sex offender treatment interventionsSex offender treatment interventions

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

NPS IN THE COURTS – REHABILITATION ACTIVITY REQUIREMENTNPS IN THE COURTS – REHABILITATION ACTIVITY REQUIREMENT

The Offender Rehabilitation Act (2014) mentions that RJ can form an The Offender Rehabilitation Act (2014) mentions that RJ can form an element of a RAR. NPS court staff play a role in assisting element of a RAR. NPS court staff play a role in assisting sentencers to identify cases suitable for a RAR. The CRC provider sentencers to identify cases suitable for a RAR. The CRC provider ultimately determines whether RJ forms a part of this requirement.ultimately determines whether RJ forms a part of this requirement.

NOMS probation instructions state that “the RAR is designed to allow NOMS probation instructions state that “the RAR is designed to allow providers of probation services flexibility to deliver innovative providers of probation services flexibility to deliver innovative rehabilitative interventions and thus advice to the court should not rehabilitative interventions and thus advice to the court should not be overly prescriptive”.be overly prescriptive”.

This means sentencers are not required to determine whether RJ This means sentencers are not required to determine whether RJ forms a part of a RAR but it is, nevertheless, fundamental that the forms a part of a RAR but it is, nevertheless, fundamental that the NPS court staff assist sentencers in their understanding of the NPS court staff assist sentencers in their understanding of the possible interventions and that RJ may be implemented as part of possible interventions and that RJ may be implemented as part of sentence.sentence.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

NPS IN THE COURTS – PRE-SENTENCE RESTORATIVE JUSTICENPS IN THE COURTS – PRE-SENTENCE RESTORATIVE JUSTICE

NPS court staff have a contributory role to play in helping identify cases NPS court staff have a contributory role to play in helping identify cases that might be suitable for pre-sentence RJ. The Crime and Courts that might be suitable for pre-sentence RJ. The Crime and Courts Act (2013) gave courts the explicit opportunity to defer proceedings Act (2013) gave courts the explicit opportunity to defer proceedings post-conviction and pre-sentence to allow a restorative justice post-conviction and pre-sentence to allow a restorative justice activity to take place. NPS’ role, particularly in Magistrates’ Court activity to take place. NPS’ role, particularly in Magistrates’ Court settings, is to assist other providers, often from a victim or witness settings, is to assist other providers, often from a victim or witness service background, in identifying potentially suitable cases.service background, in identifying potentially suitable cases.

Pre-sentence RJ is a valuable intervention in its own right, providing Pre-sentence RJ is a valuable intervention in its own right, providing the opportunity for victim and offender to engage at an early stage in the opportunity for victim and offender to engage at an early stage in the criminal justice process. It also introduces the concept to the criminal justice process. It also introduces the concept to victims who might not be ready to engage pre-sentence but who victims who might not be ready to engage pre-sentence but who might wish to return to address issues at a later stage. It is might wish to return to address issues at a later stage. It is imperative for NPS court staff in particular to understand the imperative for NPS court staff in particular to understand the workings of the process and the requirements for identifying workings of the process and the requirements for identifying potentially suitable cases at pre-sentence stage.potentially suitable cases at pre-sentence stage.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

THE ROLE OF THE NPS IN HIGH RISK OF HARM CASESTHE ROLE OF THE NPS IN HIGH RISK OF HARM CASES

The NPS is responsible for the management and The NPS is responsible for the management and supervision of high risk of harm offenders. Although supervision of high risk of harm offenders. Although probation practice in England and Wales has not widely probation practice in England and Wales has not widely embraced engagement in RJ for extreme, high risk of embraced engagement in RJ for extreme, high risk of harm offences, attitudes have changed in recent years.harm offences, attitudes have changed in recent years.

In In Manchester, Manchester, for example, the following rules apply:for example, the following rules apply:‘‘No offence is specifically excluded from the use of RJ, No offence is specifically excluded from the use of RJ,

although its use for some offences, including sexual although its use for some offences, including sexual offenders, hate crimes and domestic violence, is subject offenders, hate crimes and domestic violence, is subject to special consideration and approval.’to special consideration and approval.’

Pilot schemes are taking place in other parts of the country Pilot schemes are taking place in other parts of the country with victims of sexual harm, violence and murder.with victims of sexual harm, violence and murder.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

THE ROLE OF THE NPS IN HIGH RISK OF HARM CASESTHE ROLE OF THE NPS IN HIGH RISK OF HARM CASES

Thames ValleyThames Valley - An innovative consortium project - An innovative consortium project delivering Therapeutic Interventions and Restorative delivering Therapeutic Interventions and Restorative approaches for victims of serious crime who are approaches for victims of serious crime who are experiencing trauma symptoms. This work is funded by experiencing trauma symptoms. This work is funded by a Ministry of Justice fund, via Thames Valley PCC. a Ministry of Justice fund, via Thames Valley PCC. Project works with surviving loved ones of homicide or Project works with surviving loved ones of homicide or road death, victim survivors of sexual violence or other road death, victim survivors of sexual violence or other serious physical violence and with victims from the serious physical violence and with victims from the refugee sector. It includes those from black and ethnic refugee sector. It includes those from black and ethnic minority communities who are particularly vulnerable due minority communities who are particularly vulnerable due to language or other factors.to language or other factors.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

KENT EXAMPLEKENT EXAMPLE

Has taken a multi-agency approach to RJ through its Has taken a multi-agency approach to RJ through its Criminal Justice Board, involving probation, police, Criminal Justice Board, involving probation, police, prisons, Courts and Tribunals Service and the voluntary prisons, Courts and Tribunals Service and the voluntary sector.sector.

Have a shared vision that RJ should be available at every Have a shared vision that RJ should be available at every point in the criminal justice process, not just pre-point in the criminal justice process, not just pre-sentence, but whenever the time is right for those sentence, but whenever the time is right for those involved. Kent have jointly commissioned the provision involved. Kent have jointly commissioned the provision of conference facilitation and are able to offer this as part of conference facilitation and are able to offer this as part of a sentence for virtually all offence types, whether the of a sentence for virtually all offence types, whether the offender is in the community, in custody, or even on offender is in the community, in custody, or even on licence.licence.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

CRC - RESTORATIVE JUSTICECRC - RESTORATIVE JUSTICE

Thames Valley CRC -Thames Valley CRC - is working with the new is working with the new management organisation (MTCnovo) to review and management organisation (MTCnovo) to review and maximise delivery of Restorative Justice as part of maximise delivery of Restorative Justice as part of RARs.RARs.

Process to enable RJ to be commissioned out to a Process to enable RJ to be commissioned out to a voluntary sector provider.voluntary sector provider.

London CRC - London CRC - currently delivers Restorative Justice as a currently delivers Restorative Justice as a post-sentence community penalty RAR or on request by post-sentence community penalty RAR or on request by prisoners or victims either during the prisoners’ time in prisoners or victims either during the prisoners’ time in custody or after their release.custody or after their release.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

CRC - RESTORATIVE JUSTICECRC - RESTORATIVE JUSTICE

South Yorkshire South Yorkshire – prior to TR, considerable effort had been made to develop – prior to TR, considerable effort had been made to develop Restorative Justice in the adult criminal justice system. Limited by poor Restorative Justice in the adult criminal justice system. Limited by poor take-up from sentencers and report writers. take-up from sentencers and report writers.

Was one of three pilot areas involved in developing pre-sentence RJ. Take up Was one of three pilot areas involved in developing pre-sentence RJ. Take up of this was again limited.of this was again limited.

PCC office had been a ‘champion’ of restorative development, ranging from PCC office had been a ‘champion’ of restorative development, ranging from adult conferencing and mentoring, to the identification of victim cases that adult conferencing and mentoring, to the identification of victim cases that might benefit from Restorative Justice approaches (including some high might benefit from Restorative Justice approaches (including some high risk of harm cases).risk of harm cases).

PCC has also supported the development of local Community Justice Panels PCC has also supported the development of local Community Justice Panels applying restorative solutions to neighbourhood disputes.applying restorative solutions to neighbourhood disputes.

A partnership-based model has developed in South Yorkshire through the A partnership-based model has developed in South Yorkshire through the Criminal Justice Board including the police, Witness Service and Victim Criminal Justice Board including the police, Witness Service and Victim Support as identifiers, and the use of partnership agency, Remedi. Remedi Support as identifiers, and the use of partnership agency, Remedi. Remedi is used as the deliverer of RAR interventions.is used as the deliverer of RAR interventions.

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RJ IN CRCs AND NPSRJ IN CRCs AND NPS

CRC - RESTORATIVE JUSTICECRC - RESTORATIVE JUSTICE

Manchester (and Cheshire) Manchester (and Cheshire) - take up slowed down post TR. Prior to - take up slowed down post TR. Prior to these developments, there were 96 facilitators in the Manchester these developments, there were 96 facilitators in the Manchester Probation Trust providing restorative facilitation. The vast majority Probation Trust providing restorative facilitation. The vast majority of these individuals were redeployed to work in the NPS. Only 17 of these individuals were redeployed to work in the NPS. Only 17 facilitators remained in the Manchester part of the CRC. The need facilitators remained in the Manchester part of the CRC. The need to review RJ has been established across the CRC and to that end to review RJ has been established across the CRC and to that end local CRC champions are in place. local CRC champions are in place.

The engagement of the new management company (Purple Futures) in The engagement of the new management company (Purple Futures) in RJ and a decision about the delivery model design is a vital next RJ and a decision about the delivery model design is a vital next step.step.

PCC is commissioning new restorative work and the need to tap into PCC is commissioning new restorative work and the need to tap into that agenda is also considered to be vital to both CRC and NPS.that agenda is also considered to be vital to both CRC and NPS.

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ONE STEP FORWARD, ONE STEP ONE STEP FORWARD, ONE STEP BACK?BACK?

The post-Transforming Rehabilitation infrastructure is an opportunity to The post-Transforming Rehabilitation infrastructure is an opportunity to strengthen the Restorative Justice landscape in the future.strengthen the Restorative Justice landscape in the future.

The benefits of high quality Restorative Justice are clear – The benefits of high quality Restorative Justice are clear – reductions in re-offending, increased victim satisfaction and reductions in re-offending, increased victim satisfaction and significant cost savings.significant cost savings.

There is a challenge for all those involved in Restorative Justice to There is a challenge for all those involved in Restorative Justice to ensure effective delivery, avoiding gaps and duplication in provision. ensure effective delivery, avoiding gaps and duplication in provision. Those in key probation positions, ranging from strategic leads to Those in key probation positions, ranging from strategic leads to deliverers, must ‘champion’ the potential of Restorative Justice.deliverers, must ‘champion’ the potential of Restorative Justice.

A multi-agency model ensures effective communication and A multi-agency model ensures effective communication and information sharing across agencies.information sharing across agencies.

As the CRCs and the NPS find their footing in the new probation As the CRCs and the NPS find their footing in the new probation landscape, it is essential that Restorative Justice takes a prominent landscape, it is essential that Restorative Justice takes a prominent role.role.

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ONE STEP FORWARD, ONE STEP ONE STEP FORWARD, ONE STEP BACK?BACK?

Potential mainstreaming – importance of targeting Potential mainstreaming – importance of targeting and assessmentand assessment

Reduced statutory framework – are there Reduced statutory framework – are there organisations ready to take over?organisations ready to take over?

Commissioning – local need.Commissioning – local need.

Tight budgets – is it affordable?Tight budgets – is it affordable?

Expensive – takes time and skill – even if delivered Expensive – takes time and skill – even if delivered by volunteers in mixed economy the training and by volunteers in mixed economy the training and quality assurance is costly.quality assurance is costly.

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CONTACT DETAILSCONTACT DETAILS

STEPHEN CZAJEWSKISTEPHEN CZAJEWSKI

Head of OperationsHead of Operations

Thames Valley Community Rehabilitation Thames Valley Community Rehabilitation CompanyCompany

Macmillan HouseMacmillan House

OxfordOxford

E-mail:E-mail:[email protected]

Office: 01865 240750Office: 01865 240750