Offender Management: Checkpoint Programme

Baroness Scott of Bybrook Excerpts

Thursday 27th February 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, since today’s list was issued, the noble and learned Lords, Lord Judge and Lord Mackay of Clashfern, have withdrawn from this debate. Therefore, the time limit for Back-Benchers speaking will now be three minutes, not two minutes.

[Lord Bates (Con)]

My Lords, the Checkpoint programme is a multi-agency pre-court diversion scheme used by Durham Constabulary for adult offenders who have committed what is termed “low-level crime”. It was introduced in 2015 and initially funded by the Home Office innovation fund. It is a four-month programme which aims to tackle underlying causes of offending behaviour such as drug and alcohol misuse and mental health issues. It takes the form of a contract which has several conditions—the most obvious being not to reoffend—but it also has a restorative justice element, should the victim require it, and a community service condition for the offender to recognise the wider impact of their behaviour. Completion of the programme under close supervision of a designated navigator normally results in no conviction. A key strength of the programme is that it requires no plea or admission of guilt, so treatment and rehabilitation can begin immediately, rather than being subject to long delays before the case comes to court.

Early indications show that over 90% of those who agree to the four-month scheme complete it successfully. Initial analysis by Cambridge University, published in the journal Policing, found that those who took part in the scheme had lower reoffending rates—13.3% less in a sample cohort of offenders. Further analysis and results are due to be published in May. The initial findings of Checkpoint are consistent with a similar scheme, Operation Turning Point, run by West Midlands Police between 2011 and 2014. The results are also consistent with the reduction in reoffending rates observed as a result of the four-hour national speed awareness course that over a million offenders take each year as an alternative to a fine and points on their licence. The costs of operating the scheme are estimated at £480,000 per year and internal estimates suggest that, for every 1,000 offenders, it saves at least £2 million in reduced crime. So far, 2,660 offenders have taken part in the scheme in Durham and Darlington. I am grateful to Stephanie Kilili, policy officer in the office of the Durham police, crime and victims’ commissioner, for her helpful briefing on the operation of the scheme.

There are, rightly, several questions which need to be addressed about how any programme of this nature might work. Chief among these is: “How does it impact the victim?” A key function of our criminal justice system is to maintain public confidence by justice being seen to be done and wrongdoing being seen to be punished. Included in the excellent House of Lords briefing for this debate is a quote from Professor Lawrence Sherman of the Institute of Criminology at Cambridge University, which points out that victim satisfaction increased from 50% to 75% within the programme cohort because

“the focus was on preventing reoffending rather than vengeance”.

Another survey, undertaken by the Centre for Justice Innovation, saw victim satisfaction increase by 43%.

The basic mission of the police service has not changed since 1829, when Sir Robert Peel declared it to be

“to prevent crime and disorder”.

Speaking to police chiefs yesterday, the Home Secretary said that the task of the police service was to produce

“less crime, safer streets and no excuses”.

I agree. Less crime means fewer victims of crime, and fewer criminals means less cost. If schemes such as Checkpoint reduce crime, increase victim satisfaction and reduce costs, why are they not operating in all 43 constabularies in England and Wales? It may be because they require an up-front cost from police budgets, funded through the Home Office, with many of the interventions being from the health and social care budget, while the major benefits of cases not going to trial and potentially resulting in custodial sentences will be found in the budgets of the CPS, courts and Prison and Probation Service, funded by the Ministry of Justice.

I have a number of questions for my noble and learned friend Lord Keen, who I am delighted to see is responding to this debate. First, while I recognise and welcome the increase in budgets announced for the Home Office and the Ministry of Justice, how might such costs and complex benefits be recognised across multiple departmental budgets? Secondly, would he be willing to facilitate a briefing by officials from the Home Office, Ministry of Justice and Department of Health and Social Care for interested Peers, on how they evaluate the effectiveness of such schemes and allocate resources to them? Thirdly, if pre-court diversion schemes such as Checkpoint and out-of-court disposals are, on this evidence, the most effective ways of reducing reoffending, does he accept that all the available evidence also shows that short-term custodial sentences of less than six months are the worst, especially in the case of female offenders? Finally, would he be open to extending the reach of such schemes to young offenders? Will these matters be within scope of the remit of the forthcoming royal commission on the efficiency and effectiveness of the criminal justice process?

Such schemes have a wider societal benefit which goes beyond calculations of cost and benefit analysis. Through an offender’s facing up to their wrongdoing and the harm caused to their victim, and showing remorse, society is offering them a second chance—a chance to mend their ways and avoid a criminal record, a possible custodial sentence and all that it incurs. I am inspired by those victims who, despite their suffering, found their satisfaction increased, not diminished, by a focus on preventing reoffending rather than vengeance. I believe in a criminal justice system which is tempered by mercy, and which holds out the possibility of redemption. I believe that justice and society are not weakened but strengthened by mercy for, in showing mercy, we also acknowledge with humility the very thin line of chance and circumstance which often separates us from those whom we might otherwise harshly judge. In the words of Shakespeare:

“The quality of mercy … is twice blest:


It blesseth him that gives and him that takes.”

In that spirit, I gladly put what is left of my remaining allotted time at the disposal of the wealth of knowledge and expertise among noble Lords who are about to follow, and I beg to move.