UK Justice Policy Review

Volume 8 8 June 2017 to 24 July 2018

by Richard Garside, Roger Grimshaw, Matt Ford and Helen Mills UK Justice Policy Review Volume 8 8 June 2017 to 24 July 2018

by Richard Garside, Roger Grimshaw, Matt Ford and Helen Mills

About the authors

Richard Garside is Director, Roger Grimshaw is Research Director, Matt Ford is Associate, Helen Mills is Senior Associate, all at the Centre for Crime and Justice Studies.

Acknowledgements

Without the generous support of The Hadley Trust this publication would not have been possible. We thank them for their support for this series. Thank you to Tammy McGloughlin and Neala Hickey for their production work and to Steve Swingler our designer.

Registered charity No. 251588

A company limited by guarantee Registered in England No. 496821

Centre for Crime and Justice Studies 2 Langley Lane Vauxhall London SW8 1GB [email protected] www.crimeandjustice.org.uk

©Centre for Crime and Justice Studies April 2019 ISBN: 978-1-906003-73-9

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 2 Contents

Summary 4

Introduction 6

Speeches 8

Legislation 12

Police 14

Data dashboard 20

Courts and access to justice 22

Prisons 26

Probation 32

Coming up: Ends and beginnings? 36

Technical appendix 38

CENTRE FOR CRIME AND JUSTICE STUDIES 3 Summary

Introduction

Further signs of a simmering crisis in criminal • Changes at the top: who was in, who was out justice, with major questions for the police, • Planning for Brexit courts, prisons and probation, and uncertainty • Criminal justice facing multiple challenges over international criminal justice cooperation following Brexit. • Coverage of the Lammy Review, Managing children who offend, and the Female Offender Strategy, among others.

Speeches

While the Home Secretary signalled a shift • Sentencing and prison reform in Scotland in tone on policing in England and Wales, in • Prison crisis in England and Wales Scotland, ministers set out ambitions for • The police warm to the new Home Secretary change. Two Justice Secretaries in England and Wales offered similar remedies to the • A new plan for Scottish policing growing prisons crisis. • Summary of the most important speeches

Legislation

In Scotland the government took small steps • Assaults on Emergency Workers Bill to take some of the heat out of sentencing, and • Age of Criminal Responsibility Bill promote rehabilitation. In England and Wales • Management of Offenders Bill the government took small steps to heat up sentencing further and avoid difficult reforms. • Summary of all the key legislation

Policing

Across the UK there were different answers • Changes in violence recorded by the police to questions about police numbers, budgets, • Vulnerability and hate crime workloads, and what the police are there to do. • Police governance and accountability • How many police is enough? • Deaths in custody • Controlling police budgets • Police spying • Making sense of police purpose and workloads

Data dashboard

An at-a-glance overview of the key UK criminal justice data and trends over the past five years.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 4 Courts

The ambitious court transformation • From physical courts to virtual hearings programme encountered major difficulties. • Speeding up court processes Meanwhile, questions emerged on the • Problems with evidence disclosure disclosure and use of evidence. Scotland took steps to resolve the long-running problem of • The problem of legal aid reform legal aid reform. • Tougher sentencing

Prisons

The prison crisis in England and Wales • Faltering progress on reducing the Scottish deepened, while in Scotland and Northern women’s prison population Ireland the focus was more on routine matters • Youth justice reform in Northern Ireland and estate renewal. • The John Worboys case • Crisis engulfs the system in England and Wales • The new urgent notification system in England and Wales

Probation

The contrasting fortunes across England, • Financial and organisational challenges in Wales, Scotland and Northern Ireland meant Scotland that there was no clear pattern for probation • Death threats in Northern Ireland delivery across the United Kingdom. • Ever increasing dysfunction in England and Wales

Coming up

The looming Brexit deadline, the fraying of • Further changes at the top the party system in parliament, and ongoing • A major parliamentary report on the future political deadlock in Northern Ireland more of policing and more militated against long-term policy • Ongoing problems with legal aid agendas. • Growing uncertainty over Brexit

CENTRE FOR CRIME AND JUSTICE STUDIES 5 Introduction

Introduction Key reports This edition of UK Justice Policy Review takes Managing children who offend the story forward from the June 2017 General Northern Ireland Audit Office Election to the parliamentary recess of summer 6 July 2017 2018. Just over a year, in which there were Northern Ireland needs a specific many opportunities for reflection on current strategy to guide youth justice policy criminal justice performance and priorities, but and practice and to coordinate youth minds began to become preoccupied with the justice services. increasingly imminent prospect of the UK leaving The Lammy Review the EU in 2019. David Lammy The Election brought about a change in the 8 September 2017 balance of power in the House of Commons. The Criminal justice agencies should government was obliged to find allies to support adopt an ‘explain or reform’ approach when faced with racial disparities in its parliamentary proposals and an alliance was their caseloads. formed between the Northern Ireland Democratic Unionists and the Conservative party to create a A framework to support positive working majority. change for those at risk of offending in Wales Welsh Government Changes at the top 2 March 2018

After the Election Amber Rudd continued as Greater collaboration and a focus on early intervention will reduce criminal Home Secretary. David Lidington became the justice demand in Wales. Secretary of State for Justice and Lord Chancellor, to be replaced by David Gauke in January 2018. Young adults in the criminal justice In the same month Rory Stewart took over a system ministerial portfolio which included prisons and House of Commons Justice Committee probation. In April, Amber Rudd resigned over 20 June 2018 the Home Office’s treatment of the Windrush Current approaches to criminalised generation of migrants and was succeeded by young adults are too narrow and Sajid Javid. lacking in imagination and ambition.

In Scotland, Chief Constable Phil Gormley Female Offender Strategy resigned in February 2018 while facing misconduct Ministry of Justice 27 June 2018 allegations, whereas Cabinet Secretary Michael Matheson remained in post until June 2018. In A greater recourse to community Northern Ireland, no solution was found to the sentences can help to reduce the number of women sent to prison. continuing suspension of the Assembly.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 6 Brexit came nearer responses to extradition requests were also likely to be qualified. The government’s paper Security, law enforcement and criminal justice was published in September On the UK side, the future authority of the Court 2017. It argued for a close collaborative of Justice of the European Union continued to be relationship between the UK and the EU that went a moot question, as, in July 2018, the European beyond the EU’s existing relationships with third Committee of the House of Lords warned. The party countries. general mechanism for dispute settlement in the later draft agreement highlighted political In June 2018 the Scottish Government published resolution as well as arbitration while retaining a Scotland’s Place In Europe: security, judicial co- role for the European Court. operation and law enforcement. It was critical of the UK Government for failing to consult about The extent to which current arrangements satisfy the paper published in September and the further all parties was questioned, as in the case of outline framework issued in May 2018. It accused Spain’s attempt to extradite the Catalan president the UK Government of ignoring the separate nature Carles Puigdemont from Germany. A regional of the Scottish jurisdiction. Its vision of a Scotland court in Germany decided that he could be continuing to cooperate closely with the EU extradited only for a charge of misusing public appeared at odds with the UK’s direction of travel. funds, not for ‘rebellion’, which has no equivalent In the long term, it is arguable that the distance in German law. Once its withdrawal from the EU between the positions of the EU and the UK on has occurred, the UK’s scope for influencing the the shape of a future treaty remains significant. In ongoing development of justice cooperation will its report Negotiating Brexit: policing and criminal be minimal, given its absence from decision- justice, the Institute for Government suggested making. Everything then hinges on how far the that, while the UK wished to replicate the existing planned agreement will resolve the differences on modes of cooperation, the EU appeared reluctant view now and in the future. to extend the level of collaboration much beyond what has been agreed with other non-EU states. An increasingly fragile system facing Arrangements regarding extradition, police uncertainty cooperation, and data sharing were among the main issues at stake. As the following sections in this edition reveal, The UK government’s stance on data protection Brexit was not the only looming challenge. The was a matter of concern to the EU, which was year saw further signs of a simmering crisis in echoed by the Joint Committee on Human Rights criminal justice, as fundamental police structures in its January 2018 legislative scrutiny report on and priorities began to be questioned, the prison the EU (Withdrawal) Bill. This is an example of and probation services received even more ‘bad the scrutiny that the EU places on third party notices’, and a new relationship with international states, which has no legal equivalent in relation criminal justice partners in Europe following to EU members. In July 2018, in its report Brexit: Brexit remained to be negotiated. How these the proposed UK-EU security treaty, the European uncertainties can be resolved will be a matter for Committee of the House of Lords suggested that our next Review.

CENTRE FOR CRIME AND JUSTICE STUDIES 7 Speeches

This section begins with an assessment of the which we have made little progression is that of speeches setting out Scotland’s active programme penal reform’. The long-term trend of increased of penal reform. The vision presented in Scotland prison numbers was explicitly cited by Matheson contrasts sharply with the constrained and inert as a problem. But the reforms he said, were picture in England and Wales. Of all the matters not only about a desire for a more ‘progressive under the England and Wales Justice Secretary’s evidence based criminal justice policy’, they were remit, prisons, and specifically safety in prison, also about ‘being the progressive and socially dominated official speeches. Finally, Sajid Javid’s inclusive nation we want to be’. Plans to extend first speech as Home Secretary signaled a shift the presumption against custody by the end of in tone from that of his recent predecessors, and 2018 however, came with caveat. ‘It is of course a police resources continued to feature as points of presumption and not a ban. Sentencing discretion debate on both sides of the UK border. remains with the courts’. Matheson seemed to be warning that transformative potential may not bring overnight change. Socially inclusive nation The ongoing redevelopment of Cornton Vale Nicola Sturgeon, First Minister of Scotland, women’s prison in Stirling provided a physical set out the Scottish National Party’s plans site for this proposed smaller prison imprint. for government in a speech at Holyrood on 5 With the 230-place women’s prison demolished September 2017. Extending the presumption in July 2017, the planned new prison for 80 against some custodial sentences was a flagship women would not only be smaller but, according reform of its justice agenda. Current provisions to Matheson, it would provide ‘an entirely new covered a presumption against prison sentences approach’ to ‘custodial care’ based on ‘therapeutic of up to three months in length. Following several community principles’ and ‘gender-specific and years of consultation, it was now proposed to trauma-informed practice’. Matheson confirmed extend this to a presumption against prison Glasgow and announced Dundee as the locations sentences of up to 12 months. ‘We must now for two of the five smaller regional ‘community be even bolder in our efforts to keep people out custody units’ planned for women alongside the of prison and reduce re-offending further’, said new national facility. Sturgeon. Short prison sentences were ‘both a poor use of public resources and a waste of human potential’. Extending the use of electronic Prison crisis monitoring and rolling out a new model of The policy agenda on prisons in England and community justice were other key elements set Wales was notably less ambitious. In a speech out in the plans (see Probation). on prison policy on 18 December 2017, Justice The following week Michael Matheson, the Secretary David Lidington clarified the reform Scottish Justice Secretary, set out the case for options as he saw them. If there had been any these proposed reforms. Nation building was one. momentum for legislative change, the fall of Twenty years of Scottish devolution ‘has done the last major piece of legislation attempting great things’ said Matheson, ‘But one area in reform, the Prisons and Courts Bill, at the end of

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 8 the previous parliament took the wind out of its was followed by a ‘but’ from the Justice Secretary, sails. ‘Change’, Lidington said, ‘would be taken ‘if we are to successfully rise to this challenge we forward by administrative means where possible’. need to mobilise more of government; we need a With the exception of Private Members’ Bills, new concerted effort across the public sector’. legislation now seemed off the table to the new Four months and a reshuffle later, David Gauke Justice Secretary. Throughout the period under delivered his first major speech on prison reform review, no major speeches were given in England as Justice Secretary on 6 March 2018. He picked and Wales on probation (which was under review up the baton passed on by his predecessor of both for much of this period), or courts. safety in prison as the overriding prison crisis, and Lidington’s speech featured no significant new an operational approach to addressing this. ‘We announcements. Plans to ‘recruit 2,500 extra must get the basics rights’, Gauke said. prison officers’ and give ‘greater autonomy Gauke gave more details about what the to prison governors’, reiterated previous strategic approach to security, first described commitments. As did the desire to create by Lidington, would look like. He proposed a ‘thousands more modern prison places that are rethink on how to determine which category of fit for the future’ and close ‘our ancient Victorian prison a person was placed in. ‘The fact is’, said prisons’. However, with no accompanying Gauke, ‘there are around 6,500 prisoners who announcement about which prison would be have links to organised crime. At the moment, next to close, this made the last prison closure these offenders are spread across the estate’. announcement that of HMP Holloway – by no Gauke proposed widening the factors considered means an ‘ancient Victorian prison’ – in 2015. when categorising prisoners to include links to How this target would therefore be met, was organised crime and violence. unanswered. It was to remain so throughout the period under review. In this constrained Prison reform was the subject of second speech environment, safety in prison became the more by Gauke, on 10 July 2018. Following a series of refined focus of the Justice Secretary’s speech. damning prison inspection reports and with self- Drugs – specifically Spice – mobiles in prison, harm and violence in prison both continuing to drones, and organised crime, were framed as trend upwards, Gauke announced an additional the problems to be addressed. ‘We need to get £30 million to ‘stabilise the estate’, of which more strategic in our approach to security’, said £16 million would ‘improve the facilities at the Lidington. 11 prisons with the most pressing problems’. ‘I accept’, Gauke said, ‘that in too many parts of It was possible to detect a sense of resignation our prison estate today cells are dirty with peeling about the potential for an agenda beyond this, paint and exposed wiring, shower and toilet specifically in relation to addressing high prison facilities are filthy and broken’. numbers. ‘I believe too that people don’t want to see our prison population forever rising. I With drugs, drones and violence given certainly want to see numbers come down from prominence, the prison crisis was being painted their current record levels’, said Lidington. This as one of managing problematic individuals.

CENTRE FOR CRIME AND JUSTICE STUDIES 9 Speeches

Gauke saw a clear role for the Incentives and Secretary, which had challenged the police’s use Earned Privileges scheme in this respect. He of the tactic, and seen stop and search rates called for a renewed focus on utilising ‘sanctions substantially decline since 2010. and incentives to influence the behaviour we want to see. I saw the power of this model during my The second was on resources. Javid signalled a time at the Department for Work and Pensions warmer reception to the police’s ongoing calls for and I am determined to apply those same additional resources than that of the two previous principles within our prisons system’. Release on incumbents at the Home Office. He made no firm Temporary Licence was one example Gauke gave commitments beyond prioritising police funding whereby prisoners who ‘cooperate during their in the next Spending Review. However, this was a sentences’ could be granted leave from prison to notably different position to that taken by Amber go to work. Rudd. A few months prior to Javid’s appointment, Rudd had repeatedly said there was no evidence Warmer reception that police numbers had a direct correlation Addressing the annual Police Federation with crime trends. Rudd had been particularly conference has been an event approached with scathing in a speech to the National Police Chiefs some trepidation by government ministers in Council and the Association of Police and Crime recent years. Slow claps and open hostility have Commissioners six months before Javid’s speech: greeted various politicians who have stood before ‘When crime statistics go up, I don’t just want to it. Not so for the new Home Secretary Sajid Javid. see you reaching for a pen to write a press release Appointed only three weeks before, following asking for more money from the government. I Rudd’s resignation over the Windrush scandal, want you to tell your local communities and the Javid used his first speech as Home Secretary victims in your area what your plan is to make in May 2018 to mark a clear break with his them safer’. predecessors on two key issues. The first was on his support for controversial police tactics. On Whilst it was still early days for Javid, his speech stop and search he was unequivocal. ‘I support marked a potential thawing of the frosty relations the use of stop and search’, said Javid, ‘evidence that had developed between the Home Office and shows that if you’re black, you’re more likely to be the police. ‘Let’s reset the relationship between a homicide victim than any other ethnic group. the government and the police’, he said. ‘I will If stop and search can mean saving lives from the communities most affected, then of course give you the tools, the powers and the back-up it has to be right’. Such comments ended a that you need to get the job done. For those of you period of relative political consensus, established who stand on the frontline, be in no doubt, I will under Theresa May during her term as Home be standing with you’.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 10 Changing shape of policing set out up to 2019-20 show the number of police officers will remain well above the number we Resources and police officers were unsurprisingly inherited in 2007, something I remain strongly also referenced at the launch of the first ten year committed to’. strategy for policing in Scotland in June 2017. Developed jointly by Police Scotland and the Matheson also repeated the SNP’s commitment Scottish Police Authority, Policing 2026: Serving a to protect the police budget in real terms up Changing Scotland contained, Michael Matheson to 2021. How Police Scotland was to meet its said, the Chief Constable’s assessment to ‘slow significant resource deficit was, though, another the recruitment of police officers in the longer matter. The Scottish Police Authority and Police term’ and review the use of support staff to free Scotland, Matheson said, were ‘working to […] up officers’ time. ‘The plans Police Scotland have deliver’ on the pledge.

Key speeches

19 June 2017 Lord Chancellor swearing-in David Lidington, Justice Secretary ceremony

20 June 2017 Police strategy Michael Matheson, Scottish Justice Secretary

5 September 2017 Programme for government Nicola Sturgeon, Scottish First Minister

14 September 2017 Community justice Michael Matheson, Scottish Justice Secretary

Speech to Association of Police 1 November 2017 and Crime Commissioners and Amber Rudd, Home Secretary National Police Chiefs’ Council

29 November 2017 Violence prevention Michael Matheson, Scottish Justice Secretary

18 December 2017 Prison policy David Lidington, Justice Secretary

6 March 2018 Prison reform David Gauke, Justice Secretary

9 April 2018 Launch of the serious violence Amber Rudd, Home Secretary strategy

23 May 2018 Speech to Police Federation of Sajid Javid, Home Secretary England and Wales

10 July 2018 Prison reform David Gauke, Justice Secretary

CENTRE FOR CRIME AND JUSTICE STUDIES 11 Legislation

In May 2018 the Justice Secretary, David Gauke, to 12 months. The Bill also proposed that spoke about the high prison population in courts should consider certain assaults against England and Wales. ‘Twenty five years ago,’ he told emergency workers an aggravating factor for The Times newspaper, ‘the population was 44,000. sentencing. Today it’s 84,000. I would like it to fall.’ In this he During the Bill’s Second Reading in October was echoing his predecessor in the role, David 2017, the Bill’s sponsor Chris Bryant volunteered Lidington, who had likewise expressed a desire to that the proposed doubling of the maximum see the prison population fall (see Speeches). prison sentence had come at the behest of the Legislation is a key means through which government. ‘My original suggestion’, he told the parliament can influence the size of the prison House of Commons, ‘was that it should be six population. Two Bills – on raising the age of months on a summary offence and 12 months criminal responsibility, and shortening the period on an indictable offence, but the Government of criminal record declaration – were examples decided that they would prefer it to be 12 of legislation that, if implemented, could make months on either’. During the same debate, the a small contribution to reducing the prison Conservative MP Antoinette Sandbach pointed population. They were also Private Members’ Bills, out that summary offences were generally with little hope of gaining the government support considered less serious than indictable offences. needed to passed into law. Rather than propose that the former should be By contrast, three Government Bills – on the reset to Bryant’s original six month maximum, misuse of laser pointers; the sale and possession she proposed that the maximum for indictable of corrosive products and knives; and the problem offences should be increased to 24 months. Not of so-called ‘upskirting’ – proposed new offences a single MP spoke against the increase in prison and prisons sentences of up to five years. A sentence lengths during the debate. The Bill range of Private Members’ Bills also proposed became law in September 2018. new offences and prison sentences for a range of perceived problems, including pet theft, stalking, Age of Criminal Responsibility and injury to police dogs, horses and other animals. (Scotland) Bill The Government also lent it support to a Private Members’ Bill on assaults on emergency workers. Attempts to raise the age of criminal responsibility in England and Wales were relegated to Private Assaults on Emergency Workers Members’ Bills with little hope of success. In (Offences) Bill Scotland, the Government introduced a Bill in March 2018 to raise the age of criminal In England and Wales, prior to the Bill becoming responsibility from eight to 12. It followed law, assaults on on-duty police officers, prison a consultation during which 95 per cent of officers and immigration officers were offences respondents supported the rise. Speaking of the carrying a maximum prison sentence of six legislation, Early Years Minister Maree Todd said, months. There was no specific offence of assault ‘We know the actions of children who harm others on other emergency workers, such as paramedics are often a symptom of trauma in their own lives or fire fighters. The Bill proposed to introduce and that accruing a criminal record actually drives a new offence of assault against an emergency more offending. This legislation will help turn worker, doubling the maximum prison sentence around the lives of troubled, primary school age

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 12 children – who are often vulnerable themselves charge on changes to criminal record declaration – by addressing their deeds in the context of periods. While in England and Wales this too supporting their needs’. The Bill was still in was the subject of a Private Members’ Bill, in progress at the end of the period under review. Scotland it formed a key part of the Management of Offenders Bill. The Bill also included provision Management of Offenders (Scotland) Bill to extend GPS tagging and tracking of convicted law breakers in the community, as well as changes The Scottish Government was also leading the to the operation of the Parole Board.

Legislation

Date Legislation introduced Status on 24 July 2018 UK Parliament Type of Age of Criminal Responsibility Bill 26 Jun 17 In progress legislation Anonymity (Arrested Persons) Bill 4 Jul 17 In progress Private Members’ Assaults on Emergency Workers (Offences) Bill 19 Jul 17 In progress Government Criminal Fraud (Private Prosecutions) Bill 5 Sep 17 In progress Criminal Records Bill 29 Jun 17 In progress Football Offences (Amendment) Bill 25 Jun 18 In progress Foreign Nationals (Criminal Offender and Prisoner Removal) Bill 5 Sep 17 In progress Genocide Determination Bill 13 Jul 17 In progress Genocide Determination (No. 2) Bill 5 Sep 17 In progress Illegal Immigration (Offences) Bill 5 Sep 17 In progress Judicial Appointments and Retirements (Age Limits) Bill 5 Sep 17 In progress Laser Misuse (Vehicles) Act 19 Dec 17 Royal Assent (10 May 18) Legalisation of Cannabis (Medicinal Purposes) Bill 10 Oct 17 In progress Offensive Weapons Bill 20 Jun 18 In progress Pets (Theft) Bill 3 Jul 18 In progress Policing Resources Bill 6 Jul 17 In progress Prisons (Interference with Wireless Telegraphy) Bill 19 Jul 17 In progress Prisons (Substance Testing) Bill 17 Apr 18 In progress Road Traffi c Offenders (Surrender of Driving Licences Etc) Bill 11 Jul 17 In progress Road Traffi c Offenders (Surrender of Driving Licences Etc) (No. 2) Bill 1 May 18 In progress Service Animals (Offences) Bill 5 Dec 17 In progress Stalking Protection Bill 19 Jul 17 In progress Victims of Crime (Rights, Entitlements, and Notifi cation of Child Sexual 6 Jul 17 In progress Abuse) Bill Violent Crime (Sentences) Bill 7 Jun 18 In progress Voyeurism (Offences) Bill 6 Mar 18 Discontinued Voyeurism (Offences) (No. 2) Bill 21 Jun 18 In progress

Scottish Parliament

Age of Criminal Responsibility (Scotland) Bill 13 Mar 18 In progress Management of Offenders (Scotland) Bill 22 Feb 18 In progress Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill 12 Jun 18 In progress

CENTRE FOR CRIME AND JUSTICE STUDIES 13 Police

How many helmets? Key reports The prospect of the General Election had Report of the Independent Review stimulated a competition among parties to of Deaths and Serious Incidents in claim virtue for their proposals to build up police Police Custody numbers. Yet following the Election, it was hard 30 October 2017 to see much change in the status quo. While in There is much more to be done to England and Wales, the police workforce as a prevent, properly investigate and learn whole rose slightly in the year to 31 March 2018, the lessons from deaths in custody the number of police officers continued to fall, to The patronising disposition of 122,204, compared with 141,157 ten years earlier. unaccountable power Indeed the Chief Inspector, Sir Thomas Winsor, Right Reverend James Jones referred to further planned reductions, which by 1 November 2017 2021 would see police officer numbers fall by 13 The Hillsborough families’ struggle per cent since 2011. In contrast Cabinet Secretary for justice faced institutions closing Michael Matheson affirmed that officer numbers ranks, stonewalling, use of public in Scotland would remain stable. money to defend institutional interests, and intimidation

Controlling spending Strategic Review of Undercover Policing in Scotland Under Home Secretary Amber Rudd’s regime, HM Inspectorate of Constabulary in efficiency savings were to be facilitated by access Scotland to a ‘transformation’ fund and by rationalising 7 February 2018 equipment purchase. Police and Crime There were 423 Scottish police Commissioners (PCCs) were allowed to raise undercover operations between precepts, a strategy that placed responsibility on 2000 and 2016, but no evidence of localities rather than on central government. The infiltration of social justice campaigns appointment of Sajid Javid as Home Secretary Review of the Scottish Police on 30 April 2018, following Rudd’s resignation, Authority Executive brought a new tone of urgency to the question of Scottish Government funding, as he promised to prioritise policing in 2 March 2018 the Comprehensive Spending Review in 2019. The Scottish Police Authority is The 2016/17 audit of the Scottish Police Authority, in a position to ensure police accountability and effective scrutiny, published by Audit Scotland in December 2017, but it needs to focus on its core tasks. was critical of the financial deficit, amounting to over £16 million and forecast to rise in State of Policing subsequent years. It identified plans to reach a HM Inspectorate of Constabulary and balanced budget by 2020/2021. Instances of ‘poor Fire & Rescue Services governance and poor use of public money’ were 12 June 2018 highlighted in the report. Most police forces have risen to the challenge of tighter budges, but better long-term planning is needed.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 14 Violent crime recorded by the police1

England and Wales Scotland Northern Ireland

2012/13 to 2016/17 to 2012/13 to 2016/17 to 2012/13 to 2016/17 to 2017/18 2017/18 2017/18 2017/18 2017/18 2017/18 Homicide 32% 2% 8%4 7%4 35% 59%

Violence with injury 2 2 5 64% 10% 15% No change5 8% 2%

Sexual offences 181% 3 24%3 62% 13% 78% 9%

Robbery 18%2 30%2 15% 8% 43% 12%

Violence without injury 15 2% 2 24% 2 4%6 1%6 24% 2%

1) Recorded crime only covers those incidents which come to the attention of the police. As such, 3) Increases are likely down to improvements in recording and greater willingness of victims to for many types of crime they do not provide reliable measures of levels or trends in crime. It come forward. also follows that a change in levels of recorded crime do not necessarily reflect changes in the 4) Includes causing death by driving. real levels of crime. 5) Refers to attempted murder and serious assault in the Scottish recorded crime statistics. 2) Increases are in part down to improvements in recording. 6) Refers to common assault in the Scottish recorded crime statistics.

CENTRE FOR CRIME AND JUSTICE STUDIES 15 Police

A sense of unease Policing 2026 While business as usual seemed to prevail, there 1 Protection was a growing and palpable sense of unease in Based on threat, risk and harm policy circles over the police’s strategic direction Detecting crime, protecting vulnerable in coping with rising and different demands. people, responding to incidents, While violence on the streets was perceived to be maintaining order and ensuring a rising threat, online fraud, child sexual abuse, national security and the protection of the vulnerable were coming to be regarded as problems to which the police 2 Prevention Tackling crime, inequality and appeared unable to respond adequately. A Home enduring problems facing communities Affairs Committee Inquiry had begun to focus critically on these questions, though its report did Partnership working to deliver prevention, support vulnerable people, not appear till Autumn 2018. and deliver early interventions In his 2017 State of Policing annual assessment, Her Majesty’s Chief Inspector of Constabulary, Sir Thomas 3 Communities Focus on localism, diversity and the Winsor, returned to a past theme, lamenting a lack virtual world of long-term planning in England and Wales. In this Working with communities of place, respect, at least, the picture in Scotland appeared identity and virtual connection, different, with the approval of a national policing through community engagement, strategy due to extend to 2026 (see Policing participation, and collaboration 2026). In the same annual assessment, Sir Thomas Winsor gave an impression of some forces in 4 Knowledge England and Wales struggling to cope: Informing the development of better services Almost a quarter of forces are not meeting Using its knowledge to influence, enough of their demand or are managing it inform and work with partners, inappropriately. In some cases, forces are putting government and the public vulnerable people at serious risk of harm. 5 Innovation In England and Wales, recorded crime figures Dynamic, adaptable and sustainable began to show rises, prompting a renewed Learn from best practice and design focus on serious violence. In April 2018, Amber new services in partnership whilst Rudd launched the Serious Violence Strategy, constantly preparing for emerging combining a series of measures: a National issues in the future Coordinating Centre to combat ‘county lines’ drug Source: Policing 2026: Our 10 year strategy for policing in Scotland dealing; funding for projects, including the Early Intervention Youth Fund; and a media campaign facing a call from the cross-party Youth Violence about the risks of knife carrying. However, Commission for a change of strategy, emulating enthusiasm for the strategy was muted. The the ‘public health’ approach adopted in Glasgow Association of Directors of Children’s Services with apparent success. Tellingly, the Violence was disappointed that it provided little for local Reduction Unit in Scotland had its own ten-year authorities to develop their responses. strategy, highlighting another contrast with the By July 2018, Mayor of London Sadiq Khan was planning horizons current in England and Wales.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 16 Vulnerability and hate recommended a comprehensive cyber strategy for the province, a review of measures to address In general, Sir Thomas Winsor reported some fraud, and improving the police’s capability to improvements in the police response to access evidence. In Scotland, the government vulnerable people, such as victims of domestic committed itself to challenge hate crime, by abuse. However, in Stolen freedom inspectors initiating action across the public services. It in England and Wales ‘found a high level of also commissioned an independent review of inconsistency’ in the way various police forces relevant legislation, including online hate, by had implemented the Modern Slavery Act 2015, Lord Bracadale. with ‘poor outcomes for many victims’. The Chief Inspector also identified a crisis in child and adolescent mental health services which, he Governance and reorganisation stated, was storing up problems for police. In the aftermath of the Hillsborough inquests, In PEEL: Police effectiveness 2017, the Inspectorate the South Yorkshire Police and Crime also warned that the commitment of police to Commissioner (PCC), Dr Alan Billings attempted respond to mental health needs should not lead to dismiss the Chief Constable David Crompton, to them substituting for stretched local services. who had issued a statement deemed to have Evidence from the National Police Chiefs’ Council questioned the inquest findings, only to see to the Home Affairs Committee warned of the the dismissal quashed by the High Court. By danger of creating joint working practices with upholding the operational independence of health services when the demands were clearly Chief Constables, the Court judgement has wider the proper responsibility of health. Matthew implications for interpreting the powers of the Scott of the Association of Police and Crime PCC over the Chief Constable that may become Commissioners said: significant in the future. Mental health represents between 20% and 40% In July 2017, the Inspectorate of Constabulary of police time, depending where you are in the took over responsibility for inspecting Fire and country. This limits forces’ capacity to deal with Rescue Services. In the process, it acquired the crime and antisocial behaviour. formidable title, Her Majesty’s Inspectorate Various threats online were a topic of gathering of Constabulary and Fire & Rescue Services concern, as shown by Hate crime: abuse, hate and (HMICFRS). By March 2018, four PCCs (Essex, extremism online, the government’s response to West Mercia, Staffordshire and Cambridgeshire) a report by the Home Affairs Committee. A new had been approved to take over fire and rescue national police-led hub to tackle online hate crime services, in accordance with the Policing and was announced, in order to support victims and Crime Act 2017. In June 2017, despite opposition, increase prosecutions. New regulatory options the Scottish Parliament enacted legislation to would be considered by government if social media integrate British Transport Police functions companies failed to comply with their obligations. into Police Scotland. However, progress in In July 2018, Sajid Javid announced plans to train implementing a merger proved to be slow. police call handlers enabling them to give a better In Scotland, continued scrutiny focused on response to people reporting hate crime. the Scottish Police Authority (SPA). In June Cyber-crime was the subject of a report by Criminal 2017 HM Inspectorate of Constabulary in Justice Inspection Northern Ireland, which Scotland (HMICS) delivered a critical report on

CENTRE FOR CRIME AND JUSTICE STUDIES 17 Police

leadership in the SPA and sought to increase the The handling of complaints varies a great deal transparency and effectiveness of the authority. and we hope that changes next year promote a It had led to the resignation, in June, of the culture across policing which is more consistent Chair, Andrew Flanagan. He stayed in post until and transparent. December when the new Chair, Professor Susan In one of his last actions as Cabinet Secretary Deacon, took over, supported by a new interim for Justice, Michael Matheson commissioned SPA Chief Officer Kenneth Hogg. In March 2018, Dame Elish Angiolini to review Scotland’s system an organisational review of the SPA Executive for complaints handling, investigations and made 17 recommendations. misconduct. In January, Cabinet Secretary Matheson came under pressure over alleged interference Deaths with a critical report on the SPA’s handling of complaints. In June he was appointed Cabinet The Independent Review of Deaths and Serious Secretary for Transport, Infrastructure and Incidents in Police Custody, an earlier report by Connectivity and his justice portfolio was taken by Dame Elish Angiolini, was published in October Humza Yousaf. 2017. Dame Elish emphasised that in order to reassure families of the bereaved, former police The Police Service of Northern Ireland gained officers should no longer lead investigations. approving judgements from HMICFRS, but its Resources should be available to ensure unduly short-term funding arrangements were investigators could arrive at the scene urgently. considered to be a limitation, which raised a She warned that officers’ restraint of people in question about the role of the still suspended mental health crisis carried a systematic risk of Assembly. death, which policy, practice and training should address. Mental health and alcohol services could Accountability provide alternative safe places for detainees. Other changes should be introduced to assist The 2016-2017 complaints statistics for police families, including counselling and legal advice. forces in England and Wales showed significant The government’s response to the review took variations among forces in the rate of allegations a similar tack. It promised to furnish families ranging from 133 to 512 per 1,000 employees. with access to legal aid. Progress in improving Procedures also varied markedly: in six forces, the use of restraint techniques was described. 60 per cent or more allegations were finalised According to the National Strategy for Police through a formal investigation, whereas in 11 Custody, alternatives to police custody should forces, 60 per cent or more were dealt with always be considered. The government wanted to through local resolution. stop police officers being used in place of health In January 2018, the newly renamed Independent professionals when dealing with people in mental Office for Police Conduct (IOPC) was formally health crisis. By 2021, Liaison and Diversion launched with a brief to provide greater Services to assess mental health needs and make independence to the complaint investigation referrals should be universal. Reforms in the process. A new Director General, Michael Policing and Crime Act 2017 were set to increase the Lockwood, would be backed by a new Board. In resources and responsibilities of the independent September 2018 Lockwood went on to declare that: investigation body, now reconstituted as the

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 18 IOPC. However, the government did not accept Spying the review’s recommendation of an independent In July 2017, Sir John Mitting, a retired judge, National Coroner Service to address shortcomings was appointed to take over as chair of the in the current structure administered by local Undercover Policing Inquiry. By May 2018, Mitting authorities. A newly-reformed Ministerial Council on Deaths in Custody was to drive forward other had issued a strategic review which set out changes. some milestones for the Inquiry. Over 200 core participants, including alleged victims, had been In July 2018, the IOPC published annual figures identified. By March 2018, more than £10 million for deaths in or following police custody which had been spent. But, as release of the actual ominously rose to 23 in 2017/2018 – the highest identities of undercover officers was reviewed with total for a decade. In cases where force had extraordinary scrupulousness, the delays in the been used, five of the 11 people who died were hearings were leading to growing distrust. Dismay black. There was an increase in investigations of was compounded by the fact that the Inquiry was deaths following police contact, with a third of due to extend to the close of 2023, a timeline cases referred subject to its investigation, thanks, nonetheless described by the chair as ‘ambitious’. it seemed, to receiving additional resources. Inquest, the organisation advocating on behalf In November 2017, Helen Steel, who had been of families, echoed the criticism, by the Angiolini lured into a relationship with an undercover Review, that the system was failing vulnerable officer, stated to the Inquiry: people with addictions and mental ill-health who There is a real feeling of power imbalance ended up in police custody, instead of accessing between the two sides: the resources at their the services they needed. disposal, the representation, the time that we get to read these documents, understand them and A duty of candour discuss them with our lawyers and indeed with each other. Legal action slowly emerged against those In the same month, the police inspectorate in accused of covering up misconduct connected with the deaths at Hillsborough in 1989. The cases Scotland published its review of undercover of 23 suspects had been recommended to the policing in Scotland. It concluded that the Special Crime Prosecution Service for its consideration, and Demonstration Squad had deployed six, among a it announced a small number of prosecutions after possible total of 18, undercover officers at the G8 receiving material from the IOPC. Summit in 2005, but that so-called ‘undercover advanced officers’ (undertaking complex or long A report by the Chair of the Hillsborough term work) from Police Scotland had not infiltrated Independent Panel and Bishop of Liverpool, any social justice campaigns. It recommended that James Jones, sought to find long-term remedies to forces should in future share information about avoid the repetition of families’ tragic experiences, cross-border undercover deployments. calling for a Charter for Families Bereaved through Public Tragedy. Jones supported the principle In June 2018, the Chief Inspector Sir Thomas of legislating for a new ‘duty of candour’, and Winsor reported that most forces in England and endorsed a version specifically for police. He Wales needed to do more work to put plans in urged too that lessons be drawn from the criminal place to look for intelligence on potential abuse of and disciplinary investigations still in progress. position for a sexual purpose.

CENTRE FOR CRIME AND JUSTICE STUDIES 19 Data dashboard

The three data dashboard charts offer an at-a- • Criminalising: the criminal justice caseload, from glance view of the key criminal justice data across the point of an offence being recorded to the the three UK jurisdictions at three points in time: point of conviction. the 2013/14, 2016/17 and 2017/18 financial years. • Punishing: the main outcomes from This means key criminal justice changes can be convictions: fines, community supervision and seen over a short and longer time period. imprisonment. To make it as easy as possible to understand this The area of each slice represents the value of the mass of data, we have used a form of pie chart. indicator in a given year. Each slice is represented These represent the magnitude of different data, proportional to the other slices in its domain. relative to each other. For instance, the slice representing police staff in The charts for England and Wales and Scotland Northern Ireland in 2017/18 (6,901) is around ten contain 57 ‘slices’ of data, and the one for times the size of the slice for courts and tribunals Northern Ireland contains 60 slices. All charts are staff in the same year (680). The slices are not divided into four domains: represented proportionally across domains, nor between the different jurisdictions. • Spending: how much was spent across the different agencies and fields of operation (e.g. For more information on the data dashboard, see police, legal aid, prosecution). the technical appendix on page 38. • Staffing: how many people worked in the different agencies and fields of operation.

England and Wales

and Prosecution rts Police

u s £0.519bn o al £0.506bn 2013/14 g C bun £0.583bn in Tri £1.643bn d £1.738bn en Pri p £1.076bn so 2016/17 S id n A £1.699bn S l 128,346 ga ta e 123,491 f L £1.718bn 34,366 f 2017/18 122,786 P in 33,450 ro g £2.063bn b t a r n 35,762 t e e io d £3.877b n n m 16,110 3 fe e f g 8,69 O a £3.915bn n n a C 9,310 o m t r u £3.981bn i b r t u s 17,829 n a a £8.510bn n l e s d c 15,749 i l o £8.559bn P 15,875

£9.194bn r 6,611 o

s e

c n

123,885 5,659 u

o m

c 5,688

n 134,726

b 4,028,463

P m

156,631

4,972,822 l

c c

5,515,882

117,224

i n

d i

a 321,591

l 124,823

p b

275,148

110,588

236,637

1,441,935

82,487

1,449,403 o

- a

1,375,494

l o

s i

85,515 1,184,017 t

1,241,709 u

p 1,190,875

r o

s c

g e 107,046 r P

r r

83,263

n t

i 85,513

o l

s l

85,265 i

805,048 805,048

p g

C o

893,429 o

915,451 i

n i

r e d r o - t r C u o

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 20 Scotland

and Prosecution P

urts olice s £0.109bn o al £0.111bn 2013/14 C un £0.113bn ib £0.001bn tr £0.001bn P ris 2016/17 £0.022bn o g id n in a £0.136bn 17,244 l 17,256 d a S n g 17,170 t e e £0.149bn 4,510 a 2017/18 p L ff S 4,568 P i ro n £0.174bn b g ty i 4,549 a n ti u o e £0.026bn 2,100 n m c 0 ti m s 1,95 o u £0.025bn C j C o 1,970 t r u £0.030bn i b r t u s 1,374 n a a £0.331bn n

l n 1,533 s d

s i r £0.338bn 1,566 P

r £0.281bn 1,585 o

e c

£1.148bn 1,617 u

c n

i 1,598 l

£1.129bn

2 P

70,397

£1.290bn l

238,921 i

e r

t r

244,504

n e

19,434

n m

150,735 d

t 20,567

d e

o 83,746

20,457 m

d P

c 76,505 s

o 1

18,158 o

n 21,793 f

107,362 a

c 60

t s

n 2

18,216

o ,

95,254

u 105,664 r

6,713 t p

o 1 P

92,347 r

p 39

r o

82,716 i

7,464

44,946 u

o l

i 7,552

a g

7,851

o n

57,797 v r

i o

s s

e u

n i

r e d r o - t r C u o

Northern Ireland

and Courts g bunals Prosecut

in Tri ion

n £0.046b

d £0.039bn £0.038bn

n £0.042bn 2013/14 e id £0.036bn P p l a £0.040bn olic S ga £0.084bn e Le £0.124bn

2016/17 2 £0.142b on 7,286 13 P ti £0.018bn , ri a 7 so ob n 2017/18 r £0.018bn 6,901 P n 1,958 S £0.023bn t 1,450 a P f r f £0.105bn o i n 1,461 7 b n o a g is 40 t r £0.11 io P n

6b 356 £0.128bn n 394 C

t o r u i £0.910b b 747 r e u t c s i n n l

a a o £0.935bn 680 l n

P s

£1.074bn

680

t r

n 2,420 54

6 o e

o m

e i

a 481

2,644 u n

e t

i o

r m

470 n

3,017

102,746 c

2,370 101,184

n l

c c

r e

101,88 i i

t 2,347 r l

a u e

o o

11,146 2

r r

2,525 p

8,233

5,092

6,717 i n

i 34,639

t 5,257

t o

61 -

n p

3 27,649 s

o e a

7 f

s c l

g i

28,354 s 5, c

o r

28,831

,129

P i

22,956 u

23,630

h r

1,439

r C

n 12

s r

o 1,472

u i

P l

1,826 u

i p

p a

l r

C s

15,725 o

e c

t n

i i o

d r o - t r u o C

CENTRE FOR CRIME AND JUSTICE STUDIES 21 Courts

Buildings, IT and working practices Key reports In September 2016, HM Courts and Tribunals Rethinking Legal Aid Service launched Transforming our justice system, Martyn Evans a £1.2 billion programme to change the way the 28 February 2018 courts and tribunals system worked. It consisted Legal aid in Scotland needs a of three major programmes, heavy on ambition fundamentally new approach, with and technological innovation (see Technology the interests of the user and financial on trial). The annual expected savings from sustainability at its heart. 2023-2024 onwards were put at £265m. Staffing was expected to be reduced by 5,000 by March Speeding up justice Northern Ireland Audit Office 2023, and the number of cases held in physical 27 March 2018 courtrooms each year were planned to reduce by Northern Ireland prosecutions are 2.4 million. slower, less efficient and more costly A National Audit Office report published in compared with England and Wales. May 2018 – Early progress in transforming courts and tribunals – found evidence of the delays, Transforming courts and tribunals House of Commons Public Accounts cost overruns and rethinks common to many Committee ambitious government programmes. Despite 20 July 2018 extending the implementation timetable from The government has embarked on a four to six years, only two-thirds of the planned hugely ambitious court modernisation outcomes had been delivered on time. In programme that is unlikely to deliver a July 2018 report, the House of Commons as planned. Public Accounts Committee stated that it had ‘little confidence that… this hugely ambitious Disclosure of evidence in criminal cases programme’ would be successfully delivered. House of Commons Justice Around one third of the funding for change Committee programme came from the sale of closed court 20 July 2018 and tribunal sites, so noted the Fit for the future Failure to disclose evidence is a consultation launched by the Ministry of Justice widespread, long-term problem that in January 2018. The court and tribunal estate had needs to be addressed shrunk from some 605 courts in 2010 to 350 by Criminal Legal Aid late 2017 (see UKJPR 7). Fit for the future proposed House of Commons Justice Committee the closure of a further eight court buildings. 26 July 2018 A comprehensive rethink of the legal Speeding up court processes aid system is urgently needed with the aim of developing a sustainable, user- In June 2015 the ‘Transforming Summary Justice’ focused system. programme was implemented across England

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 22 Technology on trial

HM Courts and Tribunals Reform Common Platform Programme Transforming Compliance and Programme Shared processes and digital case Enforcement Programme Moving activity out of the physical management for courts, prosecution Upgrading systems used to enforce court room, such as online services, and police. fines, compensation and other court digital case files, video hearings. orders.

(Source: National Audit Office,Early progress in transforming courts and tribunals, May 2018) and Wales, aimed at streamlining magistrates’ disclose to the defence information that might courts processes (see UKJPR 6). Business as help the accused. He returned to the theme in the Usual?, a report by the Crown Prosecution Service Commission’s 2017/18 Annual Report. ‘We know Inspectorate published in June 2017, found that they did it, how can we prove it’, Foster wrote, the ‘high level of commitment’ to implement the was a mind-set that was ‘still too prevalent in our programme across the criminal justice agencies justice system’. was matched with only ‘limited improvements It was ‘common knowledge’, a joint report into in performance’. A March 2018 report from the disclosure by the Crown Prosecution Service Northern Ireland Audit Office –Speeding up (CPS) and Police Inspectorates stated in July justice – concluded that Northern Ireland court 2017, that non-compliance with the disclosure processes were slower and more costly compared process by both the police and CPS was a with England and Wales. These performance long-standing issue. The report, Making it fair, issues, the report claimed, had been known about referred to ‘a continuing decision by the police ‘for at least a decade’. Despite ‘renewed efforts to and CPS to accept the risk associated with poor tackle avoidable delay and improve performance’ disclosure practices and procedures’ to improve of recent years, the ‘scale of inefficiency which the likelihood of a successful conviction. Indeed, exists in Northern Ireland’ was still striking. it argued that the police and CPS rarely revealed material in its possession that might ‘undermine the prosecution case or assist the defence case’. Disclosure of evidence The police and CPS published A National Disclosure In 2016 the Chair of the Criminal Cases Review Improvement Plan in January 2018. Commission, Richard Foster, stated that the The July 2018 report, Disclosure of evidence in single, most frequent cause of a miscarriage criminal cases, by the House of Commons Justice of justice was the failure by the prosecution to Committee, argued that disclosure problems had

CENTRE FOR CRIME AND JUSTICE STUDIES 23 Courts

‘persisted for far too long’. Indeed, the Attorney Criminal legal aid General had told the Committee the problems stretched back at least as far as the mid-1990s. Recent problems were, the Committee suggested, £ Less money a symptom of cuts to budgets and it called on the 1,200,000 government to ensure the police and CPS had 1,000,000 the resources necessary to get ‘disclosure right, 800,000 to prevent the costs associated with disclosure failures, and to prevent miscarriages of justice’. 600,000

(£000s) 400,000 In Scotland, a review of the use of pre-recorded 200,000 evidence by Professor Vanessa Munro of the University of Warwick, published in March 0 2018, found ‘no compelling evidence’ that pre- recorded evidence by child and vulnerable adult 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 witnesses could have a negative impact on verdict outcomes. The following a month, a report by Professors James Chalmers and Fiona Leverick Fewer legal aid awards of the University of Glasgow assessed ways to 150,000 improve juror decision-making. They found juror note-taking; pre-instruction prior to evidence 120,000 being heard; plain language directions; and the 90,000 use of structured decision aids were the most 60,000 effective. The report noted that juror note-taking was currently the only tool routinely used in 30,000 Scottish courts. 0 Legal aid 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 The Justice Committee report on disclosure also found evidence that changes to criminal legal aid Fewer providers had hampered the ability of defence lawyers to review unused prosecution material. The broader 8,000 implications of criminal legal aid changes, covered 7,000 6,000 in earlier UKJPR editions, were the subject of 5,000 another Justice Committee report also published 4,000 in July 2018. 3,000 Criminal legal aid in England and Wales had 2,000 1,000 been shrinking for some years (see Criminal 0 legal aid). The Committee found ‘compelling evidence’ that the existing legal aid fee structure

2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 was undermining the financial sustainability of criminal defence legal work, placing at risk the Source: Legal aid statistics: July to September 2018

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 24 right to legal representation. The Committee proposed that the government should follow the Rethinking legal aid example of Scotland, and launch a wide-ranging Strategic Aim 1 independent review of criminal legal aid, ‘no later Place the voice and interest than March 2019’, with the purpose of developing of the user at the centre a legal aid scheme ‘that is sustainable and user- focussed’. In its response to the Committee’s Strategic Aim 2 report, the Government announced ‘a broad review Maintain scope but simplify of all criminal legal aid fee schemes’, with a final report and recommendations being published ‘towards the end of the Summer in 2020’. Strategic Aim 3 Support and develop an The February 2018 report on Scotland’s effective delivery model independent review – Rethinking Legal Aid – was the culmination of several years of argument and Strategic Aim 4 deadlock between Scottish ministers and the Create fair and sustainable payments and fees legal profession (see previous UKJPR editions). The report set out six strategic aims (see Strategic Aim 5 Rethinking Legal Aid). The review called for ‘a Invest in service improvement, robust and independent evidence-based process’ innovation and technology for reviewing and agreeing legal aid fees, with criminal legal aid fees being a particular priority. Strategic Aim 6 Establishing effective oversight Sentencing severity

Source: Rethinking Legal Aid: An Independent Strategic Review, February 2018 In June 2017, the Sentencing Council assessment of the impact of its guidelines on burglary found that there had been a shift towards more severe sentences. An assessment of drug offence preventing re-offending’. A report by Professor guidelines, published in June 2018, concluded that Anthony Bottoms of the University of Cambridge, increased sentence severity was ‘predominantly commissioned by the Council and published small in magnitude’. There had also been a ‘sizable in April 2018, argued that the Council had ‘to [sic] decrease in sentence severity for importation date, given little emphasis to this duty’. It also offences, as intended by the Council’. Fraud, Bribery proposed that the Council should also be more and Money Laundering sentences, the subject of explicit when it sought to stabilise, rather than an assessment also published in June 2018, found further increase, existing upward sentencing no evidence that the guidelines had increased in trends. Against calls that the Council should take severity, though it noted an increase in severity in a more active role to challenge popular beliefs relation to some benefit fraud offences, which ‘may about the efficacy of more severe sentences, the have been related to the guideline’. report asserted, without explaining, that ‘it would The Sentencing Council is mandated by legislation be politically very difficult for the Council, even if it to ‘have regard’ for the ‘cost of different wishes to do so, to argue for a major step change sentences and their relative effectiveness in in the use of prison’.

CENTRE FOR CRIME AND JUSTICE STUDIES 25 Prisons

In his Annual Report, published in July 2018, Key reports the Chief Inspector of Prisons for England and Wales, Peter Clarke, referred to ‘some of the most Life in prisons: Living conditions disturbing prison conditions we have ever seen HM Inspectorate of Prisons – conditions which have no place in an advanced 10 October 2017 nation in the 21st century’. Violence, self-harm Far too many prisoners are held and assaults continued to rise, he noted. Drugs, in bleak, dilapidated, unhygienic, squalor and poor access to education were major overcrowded and degrading conditions. problems. Mental health in prisons Clarke’s counterpart in Scotland, David Strang, House of Commons Public Accounts stood down in June 2018, to be replaced by the Committee 13 December 2017 former prison governor Wendy Sinclair-Gieben. In his outgoing Annual Report, published in Government efforts to improve the September 2018, Strang painted a very different mental health of those in prison are poorly co-ordinated. picture. Conditions in prisons had ‘improved in recent years’. Most prisoners had told inspectors HM Inspectorate of Prisons report that they felt safe. Scotland, he wrote, had ‘much on HMP Liverpool to be proud of in how our prisons are run’. House of Commons Justice Committee The remit of the Northern Ireland Chief Inspector 16 February 2018 of Criminal Justice, Brendan McGuigan, includes The problems at Liverpool prison prisons. In his Annual Report, published in July are symptomatic of wider failings across the prison estate which the 2018, he reported on ‘significant improvements’ government should take extremely at Magilligan Prison and referred to an ‘increased seriously. drive, determination, innovation and creativity to stabilise’ Maghaberry Prison. A few years Prisoner voting in Scotland Scottish Parliament Equalities and earlier, the then Chief Inspector of Prisons for Human Rights Committee England and Wales, Nick Hardwick, had described 14 May 2018 Maghaberry as the ‘most dangerous’ prison he Scotland should lead the way in had ever visited. legislating to remove the ban on prisoner voting. Crisis in England and Wales An Inquiry into the Use of Remand The prison systems in both Scotland and in Scotland Northern Ireland were not without their problems Scottish Parliament Justice Committee 24 June 2018 during the period under review. But neither were overwhelmed by the deep sense of crisis that Too many people are remanded in prison. Effective solutions often lie engulfed prisons in England and Wales. The crisis beyond the criminal justice system, was not uniformly spread. Living conditions, for including in housing policy.

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 26 instance, varied across the estate. Life in Prison, majority’ of the new officers would be ‘working on a cross-cutting review published by the prisons the landings by the summer’. inspectorate in October 2017, found examples Whether more staff, as opposed, for example of clean, well-heated and ventilated cells. It also to reducing the prison population, was key to stated that many prisoners ‘have to eat meals resolving the crisis was in question. The first sitting on a bed feet away from an open toilet, Urgent Notification under the new protocol and also have to defecate feet away from their agreed with the Ministry of Justice (see Urgent cellmates, separated by nothing but a curtain. Notification) related to Nottingham Prison. In Some cells also have broken windows, poor his letter to the Justice Secretary David Gauke, ventilation and heating, graffiti, damp, exposed Peter Clarke noted that the prison was ‘not short wiring and vermin’. of staff and has been very successful in recruiting The current crisis was considered of recent origin. significant numbers of new officers over the last A May 2016 report by the House of Commons two years’. He did, though, note that ‘more than Justice Committee had referred to ‘the ongoing half the staff had less than one year’s experience and rapid deterioration in prison safety in England and this clearly showed in their dealings with and Wales which began in 2012’ (see UKJPR 7). prisoners’. Peter Clarke concurred in his July 2018 Annual A deeply concerning inspection of Liverpool Report. The large rise in violence in prisons had prison, published in January 2018, became the ‘only really taken place in the past five years’. subject of an inquiry by the House of Commons The effect was corrosive and demoralising for all Justice Committee. At the time of the Inspection, concerned: the prison had 549 staff, nearly 100 more than In recent years many prisons, short of staff and the benchmark figure of 466. During an evidence investment, have struggled to maintain even session on 24 January 2018, the Chief Executive of basic standards of safety and decency. Some the Prison and Probation Service, Michael Spurr, prisons, in very difficult circumstances, have acknowledged that Liverpool was not experiencing made valiant efforts to improve. Others, sadly, staff shortages. have failed to tackle the basic problems of Prison officers are not, in any case, responsible violence, drugs and disgraceful living conditions... for the maintenance of prisons. Since 2015, I have seen instances where both staff and maintenance and repairs at Liverpool had been prisoners alike seem to have become inured to the responsibility of the private contractor conditions that should not be accepted in 21st Amey. The collapse of Carillion, the other century Britain. main outsourced maintenance company, in In response to the growing crisis, the Ministry of January 2018 had shone a light on the cost- Justice had committed to recruiting an additional cutting associated with prison maintenance 2,500 prison officers by the end of 2018 (see (see Facilities management). In its report of its UKJPR 7). This was a small proportion of the staff Inquiry, published in February 2018, the Justice previously lost. In April 2018, the Ministry claimed Committee noted that ‘there was a backlog of that it had met its target and that ‘the vast 1,000 maintenance jobs at December 2016 which

CENTRE FOR CRIME AND JUSTICE STUDIES 27 Prisons

We’ll get back to you had grown to 2,000 by September 2017’. Amey Fewer and fewer of the prison inspector’s recommendations are being and the Prison Service blamed a rise of vandalism achieved in England and Wales in prisons for the backlog; an explanation the 50 Committee did not find entirely convincing. 40 Cost-cutting in prison maintenance contracts and 30 a system with far too many prisoners, seemed a more plausible explanation for the prisons crisis 20 than staff shortages. ‘We are concerned about Percentage 10 several issues highlighted by the inspection of HMP Liverpool’, the Committee’s report 0 2013-14 2014-15 2015-16 2016-17 2017-18 stated. ‘We take the view that these problems Report year are symptomatic of wider failings across the prison estate which the Government should take Achieved Partially achieved Not achieved extremely seriously’. Also symptomatic was the Source: HM Prison Inspector for England and Wales Annual Report 2017-18 growing failure of the prison service to implement Inspectorate recommendations (see We’ll get back to you).

Facilities management Meanwhile, in Scotland

In June 2015, the prison service facilities management function Compared with the crisis conditions that was outsourced to two companies: Amey and Carillion. The dominated the scrutiny work of the prisons government claimed the contracts would save around £115 million inspectorate in England and Wales, the Scottish over a five year period to 2020.The savings did not materialise. inspectorate was largely concerned with more The National Offender Service Annual Report, published in July routine prison-related issues. 2017, stated that the contract was ‘underfunded and the declared The Scottish Parliament and the Scottish efficiency savings reduced’. In January 2018, Carillion went into prisons inspectorate had both previously liquidation, facing big losses on contracts, including its prison expressed concerns about the poor quality of facilities management work. A National Audit Office report healthcare provision in Scottish prisons (see published in June 2018 identified ‘inaccurate tender assumptions’ UKJPR 7). The Inspectorate was ‘encouraged’ as one of two reasons for losses on the prisons contract. by the establishment of a Health and Justice The facilities management contracts for 52 prisons held by Collaboration Board to drive improved delivery. Carillion were, in February 2018, transferred to a government- It also highlighted a number of ongoing issues, owned company, Gov Facility Services Limited. The Prisons including inadequate staffing in some health Minister Rory Stewart told the House of Commons Justice centres, breaches of patient confidentiality and Committee in June 2018 that the new company would be inconsistent prescribing practices. spending £15 million a year more on prison maintenance than In 2015, the then Scottish Justice Secretary had had been budgeted for under the Carillion contract. committed to delivering an ‘appreciably smaller

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 28 Urgent Notification

Prison inspection reports are typically published several months action plan for improvement within 28 days. Both the notification after the inspection. The Urgent Notification protocol allows for the and the Justice Secretary’s response are public documents. Chief Inspector of Prisons to notify the Justice Secretary of serious concerns, immediately following a prison inspection. The protocol The protocol came into force in November 2017. At time of writing, places an obligation on the Justice Secretary to respond with an four Urgent Notifications had been issued.

Nottingham Prison Birmingham Prison URGENT 17 January 2018 NOTIFICATION 16 August 2018 URGENT SAFETY SAFETY NOTIFICATION Poor Poor RESPECT RESPECT Not sufficiently good Poor PURPOSEFUL ACTIVITY PURPOSEFUL ACTIVITY Not sufficiently good Poor REHABILITATION AND RELEASE PLANNING REHABILITATION AND RELEASE PLANNING Not sufficiently good Poor ‘fundamentally unsafe’ unable to improve ‘a dramatic ‘staff and managers… ‘dramatic decline safety’ deterioration. The inured to the decay in since 2010’ ‘persistent… violence, prison was in an standards’ appalling state’ ‘problems… disorder and self- ‘bodily fluids left intractable… staff… harm… indicative of a ‘those perpetrating unattended, including lack of control’ violence could do so blood and vomit’ with near impunity’

Exeter Prison Bedford Prison URGENT 30 May 2018 12 September 2018 URGENT NOTIFICATION SAFETY NOTIFICATION SAFETY Poor Poor RESPECT RESPECT Not sufficiently good Poor PURPOSEFUL ACTIVITY PURPOSEFUL ACTIVITY Not sufficiently good Poor REHABILITATION AND RELEASE PLANNING REHABILITATION AND RELEASE PLANNING Reasonably good Not sufficiently good ‘safety… significantly ‘many broken ‘continual and ‘grimy conditions with worsened’ windows… leaking unchecked decline in little time unlocked and ‘overall level of safety… lavatories… and poorly standards… over nine hardly anything to do’ unequivocally poor’ screened toilets’ years’ ‘shower rooms were ‘a new prisoner located ‘dangerous lack of dirty and decrepit… in a filthy cell with a control in many parts the prison was… blocked toilet’ of the prison’ infested with rats and cockroaches’

CENTRE FOR CRIME AND JUSTICE STUDIES 29

Prison Inspection, June 2017 - July 2018

England and Wales ESTABLISHMENT PUBLISHED 1 Medway STC Jun 17 54 Leicester 2 Pentonville 55 Werrington Jun 18 3 Brixton 56 Low Newton 4 Lincoln 57 Belmarsh 5 Huntercombe 58 Woodhill 6 Birmingham 59 Oakwood Jul 18 7 Feltham 60 Wandsworth 8 Coldingley Jul 17 61 Dovegate 9 Werrington 62 Wetherby and Keppel 10 Bristol 11 Whitemoor Scotland 12 Preston 63 Low Moss Oct 17 13 Rainsbrook STC Aug 17 64 Shotts Dec 17 14 Bure 65 Inverness Mar 18 15 Haverigg 65 66 Greenock Jun 18 16 Aylesbury 17 Sudbury Sep 17 Northern Ireland 18 Bullingdon 67 Maghaberry Aug 17 19 Thameside 68 Magilligan Dec 17 20 Grendon 21 Wetherby and Keppel 22 Portland 23 Dovegate Oct 17 24 Doncaster 66 25 Wayland 63 64 26 Erlestoke Nov 17 27 North Sea Camp 28 Northumberland 28

29 Oakhill STC 68

21 62 46 49 12 30 Holme House Dec 17 38 31 Wormwood Scrubs 45 50 24 36 32 Dartmoor 4 33 Downview

34 Swansea Jan 18 9 55 52 27 Cookham Wood 17 61 35 23 14 36 Liverpool 37 47 59 11 37 Peterborough (women) 54 25 6 43 38 Lindholme Feb 18 13 39 Parc 29 40 Usk and Prescoed 53 58 41 La Moye, Jersey 20 48 42 18 42 Military Corrective Mar 18 16 Training Centre 40 5 2 1 31 19 34 3 35 43 Gartree 39 60 57 10 7 44 Rochester 33 44 26 8 51 45 Altcourse 46 Leeds 47 Brinsford 48 Spring Hill Apr 18 49 Humber 32 22 50 Hindley May 18 51 Medway STC 52 Nottingham 53 Long Lartin 41

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 30 prison population’, starting with action to reduce the number of women in prison (see UKJPR 6). By John Worboys April 2017, the women’s prison population stood John Worboys was given an indeterminate sentence, with a at nearly 380, some 150 more than the planned minimum term of eight years, in April 2009, after being convicted longer-term capacity of 230 places (see UKJPR of serious sexual offences against 12 women between 2006 and 7). ‘Much work is still required’, the Inspectorate 2008. The Parole Board decision to grant him parole in December stated in its 2017-2018 Annual Report, ‘to reduce was successfully challenged. the numbers in custody’. The ramifications for the Parole Board were significant. The Greenock, one of the oldest prisons in Scotland, then Chair of the Parole Board, Nick Hardwick, was forced to received a lukewarm inspection. A number of the resign by the Justice Secretary David Gauke in March 2018. In his cells were unacceptably damp, with some being resignation letter, Hardwick made it clear that he was resigning taken out of use. Greenock was also the only under duress. In his resignation letter, Hardwick called for greater prison in Scotland with unscreened in-cell toilets. transparency in the communication of Parole Board decisions. The Inspectorate also raised concerns about the A Ministry of Justice review of Parole Board decisions, published system for maintaining family contact, as well in April 2018, announced that the rule preventing the Parole as the limited out-of-cell activities available. The Board from disclosing information about its decisions would Inspectorate called for investment to address be rescinded. The review also proposed that it should be easier ongoing deterioration in Greenock and another for Parole Board decisions to be challenged and for victims to of the older Scottish prisons: Inverness. But the participate in its work. Inspectorate found nothing in the Scottish system Hardwick also wrote, in his resignation letter, that his forced to compare with the some of the desperate resignation raised ‘very troubling questions about how the problems south of the border. Board’s independence can be safeguarded’. These concerns came to a head in August 2018, when the High Court agreed with Northern Ireland another prisoner seeking parole, that Hardwick’s removal from post suggested that the Parole Board lacked independence from In 2017, Peter Clarke had reported that not political interference. a single young offender institution or secure training centre in England and Wales was there were only 15 children in the Centre. A review safe to hold children. And while he judged the of secure care and regional specialist children’s situation had improved since then, there were services, initiated in January 2017, identified a still many causes for concern. By contrast, the significant amount of overlap between Woodlands Woodlands Juvenile Justice Centre was judged by and the Lakewood Secure Centre, a social the Northern Ireland Chief Inspector of Criminal services-run secure accommodation centre less Justice, Brendan McGuigan, as ‘the envy of than a mile from Woodlands. The Inspectorate neighbouring jurisdictions’. recommended that the Youth Justice Agency The youth custodial population had been falling and Department of Justice work with other in Northern Ireland – as it had in England, Wales government departments to bring the work of and Scotland – and at the time of the inspection Woodlands and Lakeview into ‘closer alignment’.

CENTRE FOR CRIME AND JUSTICE STUDIES 31 Probation

Scotland Key reports While not afflicted by the existential crisis Offender-monitoring Tags characteristic of probation arrangements in House of Commons Public Accounts England and Wales, criminal justice social work Committee faced a number of distinct challenges during 24 January 2018 the period under review. A mix of legislative and Satellite-tagging plans were overly financial developments had resulted in a complex ambitious, overly complicated and and demanding operating environment, and this have been poorly delivered. at a time when local authorities, in which criminal Government contracts for justice social work was based, were facing a Community Rehabilitation number of pressing challenges (see Criminal Companies justice social work). House of Commons Public Accounts Committee Legislation to extend electronic monitoring in 21 March 2018 the community (see Legislation) was expected to The contractual arrangements are increase the number of individuals under criminal deeply flawed, with serious questions justice social work supervision. The Financial over whether the companies will deliver. Memorandum to the legislation, published by the Scottish Government in February 2018, did Probation Supply Chains HM Inspectorate of Probation not anticipate ‘a substantial increase’ in the 17 April 2018 numbers under supervision, but it did estimate The third sector is less involved than ‘the additional cost of every 100 individuals who ever in probation services and this is would not otherwise have been made subject to a unlikely to change. community sentence’ at £266,500. Transforming Rehabilitation The Scottish Government was also committed to House of Commons Justice introducing legislation to extend the presumption Committee against prison sentences of up to 12 months. 22 June 2018 In September 2017, the then Justice Secretary, There is so much wrong with the Michael Matheson, told the Scottish Parliament current arrangements for probation that ‘any extension of the presumption would that it is difficult to know where to start. need to be accompanied by a commitment to Criminal Justice Social Work developing and resourcing community sentences’. Serious Incident Reviews As the number receiving prison sentences Care Inspectorate reduced, Matheson stated, ‘resources… currently 30 October 2018 tied to our custodial estate’ would be freed up and Most serious incident reviews reallocated to criminal justice social work. were thorough and demonstrated a high standard of quality assurance Whether significant additional resources could practice. be released from relatively marginal changes in

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 32 Criminal justice social work were changed in 2016. The delivery and local planning functions of the eight regional Criminal Justice Authorities Criminal justice social work, as probation is known was devolved downwards into the 32 local authority areas. in Scotland, sits within local authority social services Strategic leadership and oversight was concentrated departments, rather than operating as a discrete criminal upwards into a new national body, Community Justice justice agency. It accounts for around 15 per cent of total Scotland, which formally began operations in April 2017 local authority social work staff. (see UKJPR 7). Over the years, various approaches have been taken to Alongside these developments, the Public Bodies (Joint give criminal justice social work a distinctive identity and Working) (Scotland) Act 2014 requires local authorities and knit together these small, locally-governed services into a NHS boards to create ‘integration authorities’, responsible nationally coordinated network. These moves, alongside for the planning of adult social care and some health other developments, have resulted in a somewhat services. A September 2016 report, Social work in Scotland overlapping set of accountability structures. by the Accounts Commission, found that integration In the early 1990s, criminal justice social work was authorities were responsible for planning criminal justice assigned ring-fenced central funding, to address concerns social work services in 16 local authority areas. This that it was something of a Cinderella service within complex mix of governance arrangements, the Accounts the much larger social service departments. Alongside Commission argued, carried the risk that ‘a focus on health this, national objectives and standards were developed, and adult services could restrict discussion of criminal ostensibly to encourage a consistent approach across the justice services’ within the scrutiny committees. 32 independent local authorities. In a further move, eight Overall, local authority social work departments are, the regional Community Justice Authorities were established Accounts Commission report argued, ‘facing significant in 2007 to encourage national strategic planning and challenges because of a combination of financial coordination, including criminal justice social work. These pressures… demographic change, and the cost of arrangements, seen as having been less than successful, implementing new legislation and policies’.

sentencing policy was a moot point. The increased the establishment of a new criminal justice demands and proposed financial juggling act scrutiny team. The last focused inspection of were unfolding against the background of real criminal justice social work had been in 2007, the terms cuts to criminal justice social work funding. Inspectorate noted. The new team was to focus In a February 2018 submission to the Justice on the implementation of the new community Committee, Social Work Scotland expressed justice arrangements and inspection of criminal concerns about the existing funding formula justice social work. A guidance document on for criminal justice social work and called for the new inspection framework, published by additional resources ‘to assist in the delivery of the Inspectorate in December 2018, also stated community sentences’. that funding and capacity issues would also be In May 2018, the Care Inspectorate announced assessed.

CENTRE FOR CRIME AND JUSTICE STUDIES 33 Probation

Northern Ireland companies – were allowed to commission, but not required to do so. In practice, they kept much The Northern Ireland Public Services Alliance, the of the service provision in-house. The National union representing staff working for the Probation Probation Service was also ‘not buying services Board for Northern Ireland, called on the Board to from the CRCs to anywhere near the extent take ‘all necessary action’ to protect its staff. The expected’. The result, the Chief Inspector, Dame call, in September 2017, followed a warning from Glenys Stacey noted in her Foreword, was ‘an the police of a raised level of threat to probation exasperating situation’, with supply chains ‘thin… workers from republican paramilitaries. The Sinn and set to get thinner still’. Fein representative, Gerry Kelly, condemned the threats, saying that the probation service played Reports from the House of Commons Public ‘an important role… keeping communities safe’. Accounts and Justice Committees piled on The groups issuing the threats, he said, brought the pressure. The Public Accounts Committee ‘nothing but fear and misery to communities’. report, Government contracts for Community Rehabilitation Companies, published in March The threat to probation staff, initially rated as 2018, expressed strong doubts about whether ‘high’ had, by the time of Board published its the community rehabilitation companies would 2017-2018 Annual Report in July 2018, reduced to deliver the innovation promised, or, in some ‘medium’, due to ‘the mitigation actions taken cases, whether they were financially viable at all. by senior management’. In its report, the Board The Justice Committee report a couple of months also highlighted a reduction of three per cent in later – called simply Transforming Rehabilitation its baseline budget for the 2017-2018 Financial – highlighted a string of issues, including Year and financial pressures going forward which performance of the companies, the public- it judged would lead to a shortfall on it 2018-2019 private split, the lack of third sector involvement, budget. The Board did, though, receive additional staff morale, and various delivery issues. The funding for the Enhanced Combination Orders and Committee was left ‘unconvinced’ that the current Problem Solving Justice programmes in 2018-2019. model ‘can ever delivery an effective or viable probation service’. England and Wales The July 2018 consultation – Strengthening Under Transforming Rehabilitation, a vibrant probation, building confidence –proposed a two- mixed economy of public, private and third sector pronged solution to the systemic problems of providers would supposedly come together to the Transforming Rehabilitation model. First, deliver innovative services and drive efficiencies the government proposed to end the existing and cost saving. An April 2018 report by the contracts early: in 2020, rather than 2022, as Probation Inspectorate – Probation Supply Chains originally planned. To grease the wheels of – found little evidence that this had happened in the deal with the community rehabilitation practice. The National Probation Service – the companies, £22m per year additional funding ‘public’ part of the picture – the report noted, was would be provided. Second, and looking beyond prohibited ‘from directly commissioning specialist 2020, the government proposed to consolidate rehabilitation and resettlement services’. The the 21 probation areas with ten, larger, probation ‘private’ part – the community rehabilitation regions, largely coterminous with government

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 34 office regions (see Shifting the boundaries). return to an integrated public-sector probation In an acknowledgement of the fragmented service, with the potential for applying the same responsibilities in the existing arrangements, model to England, should the arrangements prove the government also proposed that a senior civil successful. servant in each probation region in England would In June 2018, Dame Glenys Stacey, announced be responsible for ensuring ‘integrated, locally- that she would not be seeking a renewal of her tailored services which promote efficiency and role when her three-year term expired in March effective partnerships’. Given the fragmentation of 2019. A couple of months earlier, in April 2018, supply and services in the existing arrangements, the government also floated the idea that the she had faced strong criticism from the House of senior civil servants would ‘play a key role’ Commons Justice Committee for holding down a facilitating commissioning and ensuring services two-day-a-week job heading up a farm inspections that ‘fit into the local delivery landscape’. In Wales, review, in addition to her full-time role as Chief the government proposed a different model: a Inspector of Probation.

Shifting the boundaries

Code Area A A North East B B North West

C Yorkshire and Humberside C D Wales

E West Midlands

F East Midlands

G South West F

H South Central D E I Eastern England I J London

K Kent, Surrey and Sussex H J G K

CENTRE FOR CRIME AND JUSTICE STUDIES 35 Coming Up: Ends and beginnings?

As the end of 2018 approached, the deal between review of the current state of affairs. It declared: the Democratic Unionist Party (DUP) and the Policing is struggling to cope in the face of Conservatives showed every sign of fraying as the changing and rising crimes, as a result of falling complex negotiations about Brexit put into doubt staff numbers, outdated technology, capabilities the future of Northern Ireland’s relations with and structures, and fragmented leadership the Republic and the rest of the EU. A question- and direction. Without significant reform and mark then began to hover above the future of investment, communities will be increasingly let a government at risk of losing its voting prop. down. Would the government in its current guise survive into the coming months of 2019? Or, as the price It welcomed the Home Secretary Sajid Javid’s for its support for a beleaguered Prime Minister, commitment to prioritise the police in the would the DUP come to exert increasing influence upcoming Comprehensive Spending Review, but at Westminster? it was critical of a lack of leadership by the Home Office. The arrival of Javid on the policy scene had As June 2018 came to a close, Michael Matheson’s promised a reset in the relations between police four-year reign as Justice Secretary for Scotland and government and he strove once more to ended. He was appointed Cabinet Secretary for present a supportive face in government, pledging Transport, Infrastructure and Connectivity and in December 2018 an additional £ 970 million for his justice portfolio was transferred to Mr Humza policing. Yousaf. The Home Affairs Committee proceedings acted In August, in response to Police Scotland’s as a conduit for a series of anxieties about the concerns, Cabinet Minister Yousaf said that state of policing, but, most importantly, it set the Scottish Government would ‘re-examine all its sights on a future that could be confronted options for the devolution of railway policing’, only by genuine innovations. The sustainability putting a hold on its integration plan. of police funding was to be the subject of a More new arrivals followed in the wake of report published by the National Audit Office turbulence at the top of policing in Scotland. A in September 2018. With the Home Affairs new Chief Constable, Iain Livingstone, and a new Committee’s call for a fundamental review of Chief Executive for the Scottish Police Authority, policing, an agenda for ‘root and branch’ reform Hugh Grover, were appointed in the same month. was beginning to take shape. How large-scale reform might be institutionally led remained an important question. Given the Committee’s lack Policing - where next? of confidence in the Home Office’s leadership Early in 2017 the Home Affairs Committee had capacity, space was opening up for a wider and launched a forward-facing inquiry examining more independent process inspired by a more challenges for policing. Following the Election, it long term vision. collected a large quantity of evidence and in its A broadening of vision was also recommended report Policing for the Future, published in October in future legislation. In a report entitled Domestic 2018, the Committee issued what amounted to a Abuse published in October 2018, the Committee general policy alarm, arguing for a fundamental recommended that the government pursue an

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 36 integrated, gender-sensitive strategy and publish of 1 July 2020. However, the UK would have no a Violence Against Women and Girls and Domestic role in governance. Abuse Bill. In December 2018, in its report Home Office preparations for the UK exiting the EU, the Home Getting a grip (or patching up Affairs Committee expressed concern about a problems?) lack of clarity in the proposed plans for the future beyond the transition. It stated: Other parts of the criminal justice system seemed to be beset by a nagging crisis that called for yet On security and policing issues, continued more ameliorative measures. cooperation between the UK and the EU via Europol, criminal databases and through After the Criminal Bar Association led strikes extradition arrangements are all crucial. We are against the level of fees paid to barristers, an very concerned by the lack of clarity offered by increase of £23 million in money for criminal the political declaration about each mechanism. legal aid was announced in November 2018. At the same time, Minister of State Rory Stewart The general idea of European cooperation is announced the launch of the Prison Operator founded on a perception of cross-border patterns Services framework competition, in order to of offending in which offenders can plot in one widen the pool of private providers. However, the country, commit a crime in another and flee to public sector would be treated as a benchmark a third, while some offences committed online and would operate as a default provider. In are borderless. International cooperation among December 2018, the Prisons (Interference with justice agencies makes clearest sense in the Wireless Telegraphy) Act was passed authorising context of free movement. If, however, the end public communications providers to disrupt of free movement is in sight and cooperation the use of unlawful mobile phones in prisons. A were to be diminished, then another strategic consultation on the shape of the Northern Ireland approach to dealing with cross-border offending prison estate was launched in December. After could begin to gather more momentum: stronger plans for probation service changes had been immigration controls. Richard Martin, from announced in July, the government’s response the National Police Chiefs’ Council, referred to the consultation results on the proposals was to this possibility in evidence to the House of awaited. Lords European Committee published in July 2018. As politicians debate the consequences of After Brexit? ‘hostile environments’ for those without correct papers, there is still a foreseeable risk that crime The draft agreement between the EU and the and immigration could be yoked, to the likely UK charted one version of the immediate future detriment of community relations and equality. relationship. Under the proposed terms of transition, all justice and security arrangements As we go to press, with the date of leaving the EU were due to continue until the end of 2020. postponed, fresh uncertainty prevails, while the An extension to the transition, requiring a new House of Commons urgently debates alternatives financial settlement, can be agreed by the deadline to the proposed agreement negotiated with the EU.

CENTRE FOR CRIME AND JUSTICE STUDIES 37 Technical appendix

References Prosecutions. Prosecution spending and staffing data refer to these agencies in the relevant To avoid the unnecessary clutter of a detailed jurisdiction. Community justice in Scotland is scholarly apparatus, this report contains no equivalent to probation in the rest of the UK. references or footnotes. Sufficient detail on the All spending data included in the charts refers titles and publication dates has been included to to central government expenditure on criminal enable most readers to track down publications justice. Some figures are total managed referred to in the text. expenditure which includes resource, capital and annual managed expenditure. Other figures are Data dashboard comprehensive net expenditure. Expenditure is Data adjusted to real terms. All data used in the charts is collated from official Definitions administrative sources. This includes annual Prison receptions are the number of people reports and accounts and official statistical entering prison in a given year. Scotland did not releases. have current data on prison receptions. Probation Care was taken to produce comparable indicators commencements refer to commencements of across jurisdictions that had the same units a period of court-ordered supervision in the of analysis and were measured over the same community. time period. However, directly comparable data Discrepancies was not always available. Some staffing figures Some indicators register very large changes that are different measures of labour time (full time represent institutional reconfigurations rather equivalents or whole time equivalents) and than real changes in quantity. The political some are actual numbers of people employed implications of such changes should not be (headcounts). Most indicators are measured over overlooked. financial years, but a few were only available for In February 2015, a large proportion of the calendar years. For measures at a single point probation service in England and Wales in time, like prison population or staffing levels, transferred to private ownership. As a result, most are at 31 March each year, but some are the Ministry of Justice is no longer responsible averages over the financial year. for managing their staffing. Only information Some agencies and functions have different on staffing in the National Probation Service is names in different jurisdictions even though available for the years 2016/17 and 2017/18. The they refer to roughly the same thing. In England huge reduction in probation staffing does not and Wales, the main prosecuting authority is the indicate a huge reduction in the actual number of Crown Prosecution Service. In Scotland, it is the staff available to perform this function, although Crown Office and Procurator Fiscal Service. In there is anecdotal evidence that the private Northern Ireland, it is the Department of Public probation companies have laid off staff.

More detailed footnotes to the data and a full list of original sources is available in data files from our website: www.crimeandjustice.org.uk/project/uk-justice-policy-review

UK Justice Policy Review: Volume 8 8 June 2017 to 24 July 2018 38 UK Justice Policy Review

Publications in the series

UK Justice Policy Review UK Justice Policy Review UK Justice Policy Review

Volume 1 Volume 2 Volume 3 6 May 2010 to 5 May 2011 6 May 2011 to 5 May 2012 6 May 2012 to 5 May 2013

by Richard Garside and Helen Mills by Richard Garside and Arianna Silvestri By Richard Garside, Arianna Silvestri and Helen Mills

UK Justice Policy Review UK Justice Policy Review UK Justice Policy Review

Volume 4 Volume 5 Volume 7 6 May 2013 to 5 May 2014 6 May 2014 to 5 May 2015 From Brexit referendum The coalition years to General Election

24 June 2016 to 8 June 2017

by Richard Garside and Matt Ford by Richard Garside and Matt Ford

by Richard Garside, Roger Grimshaw and Matt Ford Criminal justice in the United Kingdom: 2010 to 2015

by Richard Garside with Matt Ford

UK Justice Policy Review UK Justice Policy Review UK Justice Policy Review UK Justice Policy Review FOCUS FOCUS FOCUS FOCUS Issue 1 Issue 2 Issue 3 Issue 4 Young people, violence and knives - Does stop and search reduce crime? Assessing the 2017 Trends in criminal justice spending, revisiting the evidence and policy discussions Ben Bradford and Matteo Tiratelli By Roger Grimshaw and Matt Ford Centre for Crime and much of the continued political, social and Justice Studies Summary 2 Langley Lane cultural salience of stop and search, is clear. staffing and populations London SW8 1GB Despite recent declines in its use, stop and search General Election Manifestos Centre for Crime and [email protected] Stop and search in England and Wales, and violence which underlie the familiar themes of www.crimeandjustice.org.uk Justice Studies Introduction continues to be one of the most controversial cognate practices such as stop and frisk in 2 Langley Lane ‘gangs’ and illegal drug markets. These deeper ©Centre for Crime and powers vested in police in England and Wales. London SW8 1GB As well as providing an update on recent trends the US, has consistently been shown to be Richard Garside By Matt Ford [email protected] influences include some fundamental social Justice Studies www.crimeandjustice.org.uk February 2019 Yet until recently there has been surprisingly little disproportionately directed towards people from in the phenomenon of ‘knife crime’, this briefing relationships - inequality, deprivation and social ISBN: 978-1-906003-72-2 research assessing its effectiveness in reducing ©Centre for Crime and seeks to review the subsequent development of trust - as well as mental health. visible ethnic minorities. The reasons for this Justice Studies UK Justice Policy Review Focus crime. In this briefing we attempt to redress this November 2018 policy themes that emerged in a series of reports is a series that sits alongside disproportionality are likely to be complex, ranging ISBN: 978-1-906003-68-5 At its heart are choices about the scope and the annual UK Justice Policy imbalance. Starting with an overview of recent Centre for Crime and Numerous policies to tackle violence against Centre for Crime and depend, amongst other things, on demographic published by the Centre for Crime and Justice Review reports. It offers from stereotyping, implicit and institutional bias Justice Studies Justice Studies Introduction Introduction UK Justice Policy Review Focus effects of criminal justice as a means of managing in-depth analysis of criminal trends in the use of stop and search, we then 2 Langley Lane 2 Langley Lane Studies (CCJS) in the period around 2008 when to the political, social and economic positions women and girls, and to support victims of crime, factors such as the size of the specific populations is a series that sits alongside justice policy and data London SW8 1GB London SW8 1GB public safety. Does criminal justice offer a draw on our own research, as well as a number the annual UK Justice Policy developments. of different groups in society. But there is little [email protected] This UK Justice Policy Review Focus assesses the [email protected] This UK Justice Policy Review Focus looks at knife crime reportedly last peaked in England are also proposed by all three manifestos. targeted by the police. Review reports. It offers www.crimeandjustice.org.uk www.crimeandjustice.org.uk proven and certain way to increase protection of other recently published studies, to suggest 2017 General Election manifesto proposals on trends in key data about the criminal justice in-depth analysis of criminal and Wales. It highlights the progress of different The views expressed in this doubt that it is real. People from certain minority On other matters, there are notable differences. justice policy and data for populations or are there alternatives which document are those of the that its overall effect on crime is likely to be at ©Centre for Crime and ©Centre for Crime and Where possible we present data covering the crime and justice by the three main UK-wide systems in each jurisdiction of the UK. It covers developments. strategic approaches to violence and what we can authors and not necessarily groups have been shown time and again to be Justice Studies Labour is committed to a review of the privatised Justice Studies period from 2005-2006 to 2015-2016 to get a deserve concerted development and review? In those of the Centre for Crime best marginal. Existing research evidence seems May 2017 parties: the Conservatives, Labour and the Liberal December 2017 the main criminal justice institutions of the discern about their prevention mechanisms and and Justice Studies or The more likely than others to stopped, with often very The views expressed in this ISBN: 978-1-906003-57-9 ISBN: 978-1-906003-63-0 particular what does a ‘public health’ approach Hadley Trust. to converge on this conclusion. This, we suggest, Democrats. Responsibility for crime and justice probation service. Neither the Conservatives police, courts, probation and prison. The aim is to meaningful understanding of current trends. The document are those of the effects. significant implications for themselves and those authors and not necessarily nor the Liberal Democrats – who pushed mean? Is it police-led, albeit with community The Centre for Crime means that questions of the effectiveness of stop UK Justice Policy Review is a devolved matter in the case of Scotland and UK Justice Policy Review provide reliable, accessible data on trends in areas financial year 2015-2016 is the most recent year those of the Centre for Crime around them (Bradford, 2017; Shiner et al., 2018). Our previous report sponsored by the Children’s and Justice Studies is an Focus is a series that sits Focus is a series that sits and Justice Studies or The and multiagency support, as described by the and search cannot be considered independently of alongside the annual UK Northern Ireland. The manifesto commitments through probation privatisation while in alongside the annual UK such as criminal justice spending, staffing, and the for which comparable data for each jurisdiction is independent educational Under such conditions it is hardly surprising that Hadley Trust. Commissioner was based on a thorough review Justice Policy Review reports. coalition government – make a single reference Justice Policy Review reports. umbrella label ‘pulling levers’? Or does it mean charity that advances public the wider issues that surround the power: social assessed here therefore relate only to the populations subject to criminal justice sanctions. available. All data is taken from official government understanding of crime, stop and search serves as a litmus test for the It offers in-depth analysis of It offers in-depth analysis of The Centre for Crime and analysis of literature which established a criminal justice and social criminal justice policy and data to probation. The Liberal Democrats are alone criminal justice policy and data and Justice Studies is an the coordination of a range of public services, and cultural understandings of what police are for; combined jurisdiction of England and Wales. It will be useful to policy makers, practitioners, sources. Data tables and a full list of references harm. Through partnership and distribution and effects of police activity. developments. developments. independent educational clear judgement of how the evidence on gun comprising early years interventions, inclusive coalition-building, advocacy and a clear-eyed view of the impact policing has for in proposing a ‘legal, regulated market for researchers and anyone else with an interest in the charity that advances public are available from our website. and research, we work to The views expressed in this The views expressed in this understanding of crime, and knife violence then lay (Silvestri et al., While the evidence of disproportionality is cannabis’ and an end to imprisonment for the education, adolescent and family services, inspire social justice solutions those individuals and communities subject to it. document are those of the document are those of the criminal justice system in the UK. criminal justice and social What is in the manifestos? 2009). Though the evidence base was not to the problems society faces, overwhelming, data concerning the effectiveness authors and not necessarily authors and not necessarily harm. Through partnership and community work, and so on? possession of illegal drugs for personal use. so that many responses that those of the Centre for Crime those of the Centre for Crime coalition-building, advocacy extensive, the conclusions pointed towards some of stop and search has until recently been and Justice Studies or The The three manifestos propose more than 100 and Justice Studies or The criminalise and punish are no The Conservatives propose specific community Spending and research, we work to The idea that violence can be reduced by a Introduction Hadley Trust. Hadley Trust. promising evidence-based approaches to violence longer required. individual crime and justice-related policies How to understand the data inspire social justice solutions much less forthcoming. Very little research punishments for women. The Liberal Democrats, to the problems society faces, ‘public health’ approach is relatively novel. Can This section focuses on criminal justice spending prevention, and questioned the dominance of Registered charity No. 251588 After nearly 50 years of debate stop and search The Centre for Crime between them, covering institutions (including The Centre for Crime The data we provide in this briefing gives a rough so that many responses that has considered whether this is an effective and Justice Studies is an a ‘Women’s Justice Board... to meet the special and Justice Studies is an criminalise and punish are no physicians, rather than police officers, devise in the five years to 2015-2016. Figures 1, 2 and criminal justice in strategic responses. As in the A company limited continues to be one of the most controversial independent educational the police, prisons, courts, and probation), independent educational sense of the overall ‘size’ of the criminal justice longer required. investigatory or preventative power. Despite charity that advances public needs of women offenders’. The Labour manifesto charity that advances public 3 show real terms spending on police services, techniques of violence prevention based on by guarantee police powers in England and Wales. Part of earlier report we have broadened the focus of Registered in England this, there is a widespread belief among policy- understanding of crime, processes (such as sentencing, youth justice, understanding of crime, system, in terms of funding, workforce and Registered charity No. 251588 makes no mention of criminalised women. The combating epidemic diseases? Can communities No. 496821 criminal justice and social criminal justice and social law courts and prisons in England and Wales, study to include evidence about interpersonal the reason for this longevity is that the power makers and practitioners that stop and search harm. Through partnership and public inquiries) and thematic areas (for example, harm. Through partnership and people processed by criminal justice institutions. Conservatives and Labour plan to retain Police Scotland and Northern Ireland between 2011-2012 A company limited violence more generally where this seemed and individuals affected by violence be engaged seems to function as a signifier for the practice coalition-building, advocacy violence against women, mental health, drugs and coalition-building, advocacy Trends in these areas will be affected by a variety by guarantee ‘must’ work. In October 2018, for example, Home and research, we work to and Crime Commissioners. The Liberal Democrats and research, we work to and 2015-2016. Figures 4-6 show how much of Registered in England appropriate: knives are such an everyday tool of in new ways that address the underlying drivers of policing as a whole. Discussions of stop and inspire social justice solutions alcohol). inspire social justice solutions of complex interrelated factors, both within the No. 496821 Secretary Sajid Javid claimed precisely this, and to the problems society faces, propose replacing them with police boards made to the problems society faces, total criminal justice expenditure each component violence that their use does not qualify for an of violence instead of the surface manifestations? search very often, and very rapidly, branch out in so that many responses that so that many responses that criminal justice system and without. For instance, pledged to look at ways to ‘reduce bureaucracy In some areas there is a broad consensus. up of local councillors. Similar ideas have been applied in numerous crimainlise and punish are no crimainlise and punish are no made up. They are compiled from data produced exclusive study and wider lessons about violence one of two contrasting directions: into discussion and increase efficiency in the use of this power’ longer required. longer required. the number of people prosecuted in the courts will All three manifestos, for instance, variously reduction therefore apply. projects in the USA and imported to the UK of the impositions of policing on individuals and in part depend on the number of police officers by the Treasury for international comparison (Bentham, 2018). At the other end of the political Registered charity No. 251588 propose to ‘transform prisons into places of Registered charity No. 251588 through the Violence Reduction Unit, a police-led communities; or into consideration of the need Assessing the manifestos available to arrest people in the first place, which and attempt to be inclusive of spending by all This briefing does not replicate the scale of our spectrum, London Mayor Sadiq Khan argued in A company limited rehabilitation, recovery, learning and work’ A company limited project in Scotland. While these approaches have for, ability of, and means available to police to by guarantee by guarantee in turn will depend on police budgets. On the government departments. They therefore include earlier evidence review. Instead we referred to January 2018 that ‘when based on real intelligence, (Liberal Democrats), make prisons ‘places of Some helpful comparisons of the full array of been broadly welcomed in the UK, they have not ‘fight’ crime - and, of course, their effectiveness in Registered in England Registered in England other hand, the number of people arrested will local as well central sources of expenditure. materials collated from literature searches that geographically focused and performed No. 496821 reform and rehabilitation’ (Conservatives), and contrasting and complementary manifesto No. 496821 so far been implemented in England and Wales doing so. It can in short be difficult to talk about 1 sought to identify important developments based professionally, [stop and search] is a vital tool for ‘insist on personal rehabilitation plans for all proposals are already available. This Focus report with the focus and investment that might have stop and search without also talking about a much on the previous themes which as we shall see are the police to keep our communities safe. It will prisoners’ (Labour). Given the years of failure, by takes a different approach. It uses three criteria to been expected. Had they been put into practice, wider range of policing issues. coming into clearer focus in public discussion. let the police target and arrest offenders, take different governments, to make prisons places of assess some of the main manifesto pledges. The we might have been able to see more evidence The reason for the first of these turns, and the weapons they carry off our streets and stop reform, such proposals are little short of pieties. three criteria are: In particular, the study identifies ‘drivers’ of about their effectiveness.

1 See, for instance the useful summary by Crest: http://crestadvisory.com/crest-election-manifesto-round-up/

Does stop and search reduce crime? CENTRE FOR CRIME AND JUSTICE STUDIES Assessing the 2017 General Election Manifestos CENTRE FOR CRIME AND JUSTICE STUDIES Trends in criminal justice spending, staffing and populations CENTRE FOR CRIME AND JUSTICE STUDIES Young people, violence and knives - revisiting the evidence and policy discussions CENTRE FOR CRIME AND JUSTICE STUDIES 1 1 1 1

You can download all the previous reports from our website: www.crimeandjustice.org.uk/project/uk-justice-policy-review

CENTRE FOR CRIME AND JUSTICE STUDIES 39 The Centre for Crime and Justice Studies is an independent educational charity that advances public understanding of crime, criminal justice and social harm. Through partnership and coalition-building, advocacy and research, we work to inspire social justice solutions to the problems society faces, so that many responses that criminalise and punish are no longer required.

www.crimeandjustice.org.uk

£20