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Engaging Communities in Criminal Justice Engaging Communities in Criminal Justice Presented to Parliament by The Lord Chancellor and Secretary of State for Justice The Secretary of State for the Home Department and the Attorney General by Command of Her Majesty April 2009 Cm 7583 £26.50 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please write to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or email: [email protected] ISBN 978-0-10-175832-1 CONTENTS FOREWORD 5 Foreword by the Lord Chancellor and Secretary of State for Justice, 5 the Home Secretary and the Attorney General EXECUTIVE SUMMARY 8 CHAPTER 1 THE PROSECUTION AND THE COURTS: RESPONDING TO COMMUNITY CONCERNS ABOUT CRIME 11 Section 1A Community Prosecutors: enhancing the role of the 16 Crown Prosecution Service Section 1B Community Impact Statements: community concerns taking centre-stage 21 Section 1C Increased problem-solving in the courtroom 26 Section 1D Judicial continuity and case review 30 Section 1E Intensive solutions to the most persistent problems 34 Section 1F Selection and deployment: the right people doing the right jobs in 41 the right places Section 1G Magistrates’ courts: justice for the community, in the community 48 CHAPTER 2 MAKING AMENDS: PAYBACK, REPARATION, RESTORATIVE JUSTICE AND COMPENSATION 52 Section 2A Giving local people more of a say in Community Payback and Asset 56 Recovery schemes Section 2B More visible and more immediate Community Payback for offenders 61 Section 2C Restorative Justice and compensation: repairing harm, restoring 65 communities, compensating victims of crime CHAPTER 3 KEEPING COMMUNITIES INFORMED, GETTING PEOPLE INVOLVED 71 Section 3A Better information, better presentation 76 Section 3B Making individual court case outcomes publicly available 81 Section 3C Local Criminal Justice Boards: joining up communications and 85 engagement activity Section 3D Promoting volunteering in criminal justice services 89 CHAPTER 4 CONSULTATION QUESTIONS 94 A summary of the consultation questions 94 CHAPTER 5 RESPONDING TO THIS GREEN PAPER 107 GLOSSARY 110 REFERENCES 113 GREEN PAPER ENGAGING COMMUNITIES IN CRIMINAL JUSTICE FOREWORD FOREWORD by the Lord Chancellor and Secretary of State for Justice, the Home Secretary and the Attorney General The Criminal Justice System (CJS) belongs to We have made significant improvements. Crime the people it serves. The public need to believe is down by more than a third since 1997, the that to be the case. If people understand most substantial and sustained drop in crime and trust the system, and indeed see it as a achieved by any Government since the Second public service more than a system, they will World War. Reoffending is down by nearly a feel increasingly free to get on with their lives quarter. The chance of becoming a victim of without fear of crime, secure in the knowledge crime is the lowest in the last 25 years, and that there are consequences for those who we have trebled our investment in improved do not play by the rules. services and support for victims. Yet significant challenges remain. Criminal justice services should be open, transparent and accountable to those they There are still significant problems with some serve. They should help the public understand types of crime, including knife crime, problems how they are performing. They should do with gangs, and binge drinking. We are taking this collectively and in ways which build the targeted action to address each of these, as confidence of all sections of the community well as to ensure that crime does not rise as it that the system is fair, effective and, above all, has done in previous downturns in the 1980s working for them. They must also instil trust and and 1990s. confidence in those we rely on to deliver them But there are also challenges with the system – our staff and our local delivery partners. as a whole. The Cabinet Office Review Engaging Communities in Fighting Crime1 (the 1. www.cabinetoffice.gov.uk/crime.aspx GREEN PAPER ENGAGING COMMUNITIES IN CRIMINAL JUSTICE 5 FOREWORD FOREWORD Casey Review) found that, for all the progress The police service has already set the tone. we have made, the system can still feel too Last year’s Policing Green Paper From the remote from people’s everyday lives and the neighbourhood to the national: policing our justice it delivers not visible enough. The author, communities together3 sets out a radical agenda Louise Casey, said: “Too often the public don’t of police reform that gives the police across believe that their voice is heard, don’t believe England and Wales more freedom to do their wrongdoers face adequate consequences for job unhindered by red tape, the public a greater the crimes they commit, don’t believe they are say, and more action on crime in their streets told enough about what happens in the system and neighbourhoods. This agenda has been and, perhaps because of this, they don’t believe shaped by Sir Ronnie Flanagan’s review of that crime has fallen when they are told so.” policing4 and the Casey Review, and has already resulted in the new Policing Pledge – minimum We are determined to change this. We must standards for what people can expect from open up the justice system to the public so that their local police team, together with a clear local communities have the confidence to play commitment to deliver on local priorities – in their part. If they trust the system to deliver return for the centre stripping away all top- on its promises, they will be more willing to down targets except one: for forces to improve report crime; to come forward to give evidence public confidence that crime and local problems as witnesses; to participate as volunteers and are being tackled. jurors or to consider a career in the CJS. Neighbourhood Policing (NHP) Teams provide Our criminal justice Public Service Agreement the cornerstone of contact with local people; target Justice for All2 sets out our commitment but they cannot, and should not, be solely to deliver a more effective, transparent and responsible for improving the full range of responsive CJS for victims and the public. An criminal justice services and responding to all integral part of this target is to raise public the concerns of communities. Other agencies confidence in the fairness and effectiveness must also rise to the challenge and work with of the CJS. the police to deliver the world-class criminal Criminal justice services should give local justice services that the public demand and people more opportunities to have a say deserve. on action to tackle local concerns – to have We accepted the overwhelming majority of their views heard, to be told what has been the findings of the Casey Review. We have and is being done to deal with the problems already made major changes to the system and to become involved if they choose to do in response – such as helping the public so. Working together in strong and seamless have confidence in community sentences by partnerships with shared goals, criminal justice ensuring that where offenders are ordered services can better take on and deal with local to carry out reparative work as part of their concerns and feed back jointly to communities sentence – now called ‘Community Payback’ what action has been taken. 2. www.hm-treasury.gov.uk/d/pbr_csr07_psa24.pdf 3. http://police.homeoffice.gov.uk/publications/police-reform/Policing_GP/ 4. http://police.homeoffice.gov.uk/publications/police-reform/Review_of_policing_final_report/ 6 GREEN PAPER ENGAGING COMMUNITIES IN CRIMINAL JUSTICE FOREWORD – this is intensive and clearly visible, including Building on the strong start that has been made high-visibility uniforms. Louise Casey has been in the police service, the proposals aim to open appointed Neighbourhood Crime and Justice up the whole justice system to communities. Adviser. In that role she is driving forward the Justice is being done. Through these proposals Justice Seen, Justice Done programme to raise we will ensure that it will also more often be public awareness of what services are available seen to be done and local people will have from the police and other justice agencies and more of a voice, and more opportunity to get to help demonstrate to the public that there involved and play their part. are consequences for those who break the law. We are grateful for the views and contributions This Green Paper and consultation exercise we have received from police and other are the next stage in the journey towards criminal justice professionals, members of our vision for a criminal justice service that is the senior judiciary and magistracy, local effective, delivers justice for all, has the interests government representatives, third sector of victims and witnesses at its heart and which and victims’ organisations and members of inspires the trust and confidence of the people the public – through the Casey Review and it serves. Significant reforms have already been elsewhere – as the proposals in this Green delivered but there is more to be done. This Paper have been developed. document sets out our proposals for further Our vision of a criminal justice service in which improvements, and on these we seek the views all partners are focused on local communities of the public and the very many dedicated and work together to tackle crime, deliver professionals and volunteers who work in and justice and provide high-quality services that with criminal justice organisations.