DECISION RECORD Decision ID: PCCML 000454 2018 Decision title Better outcomes, reduced demand for frontline policing and efficiencies through commissioning of Out of Court diversionary services Executive summary Conditional Out of Court Disposals (OoCD) provide rehabilitative opportunities for offenders to turn their life around at the earliest opportunity and avoid entering the Criminal Justice System and court process. They also allow victims to be more involved in decision making and condition setting, ensuring the victim’s voice is heard and reparation is delivered. Hampshire Constabulary is leading the way with the enhanced use of OoCD and is the first police force in the country to receive dispensation from the Director of Public Prosecution (DPP) to use Conditional Cautioning for domestic abuse in cases of intimate partner violence. Currently 400 offenders per year access an intervention initiated through ‘Project CARA’. Approval of this decision request enables up to 200 more domestic abuse perpetrators in cases of non-intimate partner violence to receive an intervention which offers rehabilitation, and stops reoffending, as well as giving victims a greater say in how the offender is punished. This decision also supports the Police and Crime Commissioner’s (PCCs) priority of reducing offending, which reduces demand on frontline police officer time. Currently, these offenders would in the majority of cases receive a fine and would not receive any intervention to modify their attitudes and beliefs. This funding will enable a further 470 offenders each year to access interventions to support their rehabilitation which reduces the likelihood of their reoffending. The impact of this decision to increase the number of OoCDs also cascades savings to the rest of the Criminal Justice System, benefiting not just the police but the Crown Prosecution Service, courts and probation. With the Office for Criminal Justice Reform reporting that while it costs up to £1400 to prosecute an offender, it only costs £450 to issue a Conditional Caution. Increasing the number of available OoCDs enables more police officers to access a quick and effective means of dealing with less harmful offences, allowing them to spend more time on tackling serious offending. This decision also enables the Police and Crime Commissioner to ensure consistency of performance, realignment of frontline resources and the release of police officers back to frontline policing. Office of the Police and Crime Commissioner Hampshire, Isle of Wight, Portsmouth, Southampton DECISION RECORD Decision ID: PCCML 000454 2018 Approval of this decision request will also enable another first for Hampshire Constabulary. Hate Crime is currently excluded from conditional cautioning. To enable this to be evaluated a pilot scheme will also include the use of Conditional Cautions for Hate Crime in conjunction with three other forces working in partnership to implement a tri-commissioning approach. Recommendation The commissioning and performance management of the current Out of Court diversionary services is centralised into the PCC’s Office from across various parts of Hampshire Constabulary to ensure consistency. The £60,000 match funding from the Police Revenue budget for Project CARA is transferred (for each year) to the PCC’s Commissioning budget for the 2019/20 and 2020/21 financial years. The mid-term financial strategy application for £63,500 per annum is approved and the PCC’s Commissioning Budget is increased accordingly from 1st April 2019 – 31st March 2021. o £30,000 to commission an intervention for up to 200 perpetrators of non- intimate partner domestic abuse o £22,500 to commission an intervention for up to 150 perpetrators of Hate Crime o £6,000 for a hardship fund for up to 100 offenders to access OoCD interventions o £5,000 for a spot purchasing fund for 20 bespoke interventions Police and Crime Commissioner approval I hereby approve the recommendation above. Signature: Name: Michael Lane Police and Crime Commissioner – Hampshire, Isle of Wight, Portsmouth, Southampton Date: 13-Dec-18 Office of the Police and Crime Commissioner Hampshire, Isle of Wight, Portsmouth, Southampton DECISION REQUEST Decision ID: PCCML 000454 2018 Decision Window: 2018-12 Document version history: Version Version date Requester of change Summary of change(s) Number v1.0 3-Dec-18 Not applicable – First issue Not applicable – First issue Changes following consultation v1.1 10-Dec-18 Various process. Also minor changes to Section 14. Changes to Executive Summary v1.2 12-Dec-18 Michael Lane following Briefing Day presentation. Decision title: Commissioning and Performance Management of Out of Court Diversionary Services Requester details: Requester: Lisa Allam Role title: Restorative Justice County Coordinator 1 Summary The current arrangements for the commissioning, funding and performance monitoring of Out of Court Disposal (OoCD) diversionary courses lacks consistency. Fragmented commissioning arrangements have resulted in different approaches to performance management for each. In some cases there is no current method of evaluating the services effectiveness. The proposed solution is for all current Out of Court diversionary services to be managed and commissioned through the Police and Crime Commissioner’s (PCC) Office. This will centralise the performance management of this function, provide consistency to the approach and release police resources from having to manage these services. The current services have evolved over time and the introduction of the two tier framework has seen an increase in the number of Community Resolutions and Conditional Cautions and as a result the referrals to the diversionary services. It would therefore be prudent to review and improve the range of diversionary services available to meet the needs of the offenders. v1.2 dated 12-Dec-18 Page 1 DECISION REQUEST Decision ID: PCCML 000454 2018 Deputy Chief Constable (DCC) Glen is the National Police Chief Councils (NPCC) Portfolio Lead for Charging, OoCDs and Restorative Justice and Hampshire Constabulary are one of the first forces to implement the two tier framework for OoCDs – please see ‘Briefing Paper Out-of-Court Disposals and implication of the Two-Tier Framework’ dated 18th June 2018. The two-tier system requires adequate diversions to be in place. The diversionary services are there to reduce reoffending and address low level crime through alternative means rather than the costly court process. It is therefore important to ensure we have the relevant and necessary diversions available. This will, in turn, reduce reoffending and enable more focus on operational policing. It will enable more effective and efficient operational policing as police resources will be better utilised on policing matters rather than managing commissioned services. Colleagues within the Criminal Justice and Custody strand of Hampshire Constabulary support this proposal. 2 Recommendation The commissioning and performance management of the current Out of Court diversionary services is centralised into the PCC’s Office from across various parts of Hampshire Constabulary to ensure consistency. The £60,000 match funding from the Police Revenue budget for Project CARA is transferred (for each year) to the PCC’s Commissioning budget for the 2019/20 and 2020/21 financial years. The mid-term financial strategy application for £63,500 per annum is approved and the PCC’s Commissioning Budget is increased accordingly from 1st April 2019 – 31st March 2021. o £30,000 to commission an intervention for up to 200 perpetrators of non- intimate partner domestic abuse o £22,500 to commission an intervention for up to 150 perpetrators of Hate Crime o £6,000 for a hardship fund for up to 100 offenders to access OoCD interventions o £5,000 for a spot purchasing fund for 20 bespoke interventions v1.2 dated 12-Dec-18 Page 2 DECISION REQUEST Decision ID: PCCML 000454 2018 3 Strategic context 3.1 Background The subject of this request will support the PCCs priorities to champion community needs, strengthen partnerships, enable effective and efficient operational policing and to reduce offending – crucially developing services that tackle the root causes of offending and, with partners, make early interventions to prevent offending. In October 2017, the National Strategy for Charging and OoCDs was prepared by DCC Sara Glen and launched by the NPCC. This proposal supports and aligns with the strategy and the Commissioner’s priorities, particularly in relation to the following:- 1) ‘Conditional Out of Court Disposals provide rehabilitative opportunities to offenders to turn their life around at the earliest opportunity and before they find themselves in the Criminal Justice System and court process’. 2) Nationally ‘the profile of crime is changing and more serious offences are being reported. A simplified framework and conditional Out of Court Disposals provide efficient and effective processes for PIP1 investigators to deal with lower level offending whilst providing rehabilitative opportunities and reparation for victims, which allows PIP2 investigators to focus on serious and complex crime’. 3) ‘Victim Satisfaction – conditional Out of Court Disposals allow victims to be involved in decision making and condition setting, the victims voice is heard and reparation is delivered’ In May 2018, Hampshire Constabulary moved from six OoCD options to the simplified Two-Tier Framework; Community Resolutions and Conditional Cautions, as below; Community