Cutting Crime (Justice Reinvestment)

Debate between Lord Beith and Anne Main

Thursday 21st October 2010 Westminster Hall

[Sir Alan Beith]

So we are talking about the same one. The Diamond initiative is delivered jointly by the Metropolitan police, local authorities and the London Probation Trust. Built on the principle of justice reinvestment, it has reoffending rates of 28% within six months of release from custody. That compares favourably with the 43% figure for those who have not received that intensive support and monitoring.

However, under the previous Government, there was a decline in crime reduction funding through local area agreements to local community safety partnerships. Those intensive options require partnership commitment and resources, which may be less readily available following yesterday’s comprehensive spending review. I am anxious to hear what the Minister can say by way of reassurance on that. Until the Green Paper is published, it is unclear how the new Government will enable those partnerships to fulfil their statutory responsibility to reduce reoffending under the Policing and Crime Act 2009.

We proposed that if the Government could identify moneys that could be used to create a national justice reinvestment fund, there would be an incentive for local partnerships to think creatively about ways of reducing crime and the use of imprisonment, pooling resources at local level and spending money in geographically targeted areas using the results of justice mapping. That technique, which was pioneered in the US and has been tried out quite a lot in Gateshead, for example, measures local needs and the existing flow of resources to particular communities.

The Government’s aspiration to introduce payment by results draws on the experience of Kansas in implementing justice reinvestment approaches. It is not clear whether the Government will go about it in the same way, but some of the options that the Committee has been suggesting could be accommodated in the sort of programme that the Government are talking about. The national investment fund could be part of the big society bank, for example.

If the Government are to place greater emphasis on evidence-based, targeted approaches, determined at local level, means need to be found to provide practical support to local areas in analysing trends, devising new policies and programmes and measuring their impact. A cross-disciplinary centre of excellence, like the Social Care Institute for Excellence, could provide robust economic modelling of what is effective in reducing crime and inform the development of a national justice reinvestment plan. I hope that the Government consider that cross-departmental approach.

All of this has implications for sentences. There remains a great deal of geographical disparity in the consistency of sentencing, to which the Lord Chancellor drew attention in his King’s college speech. Youth courts in some parts of the country are up to 10 times more likely to impose custodial sentences for certain crimes than their counterparts elsewhere. That cannot be explained by social and demographic factors alone.

It is often said by the judiciary that the sentencing of individual offenders should not be driven by the availability or otherwise of resources. In practice, of course, it is, but that is usually because of the scarcity of suitable alternatives to custody in a given area. Prison is always there; alternatives are not always there. It is nevertheless necessary to find a way in which recognition of scarce resources is built into the sentencing process.

We are concerned that sentencing policy, and the Sentencing Council, does not address the need for sentencers to have regard to the available resources and the relative costs of their sentencing decisions. There are few other public servants who are not required to be accountable to the taxpayer in relation to the value delivered for the money that they spend. In order to have such regard, however, sentencers need data on the cost-effectiveness of their decisions and on the outcome of sentences. We have been surprised at how little information comes back to the judiciary about the overall impact of the sentences that they pass.

I spoke earlier about the media and about the public debate on sentencing. The public rightly see prison as a necessary means of dealing with extremely dangerous people who would be a threat to public safety were they not in custody but, in many cases, public safety is not the major issue. A custodial sentence and its length seem to have become the only means that the public and the media feel they have of asserting the seriousness of the offence. That is why we see so many headlines in the press saying, “Yobs only got six months,” or “Con man got less than a motoring offender.” The relative significance of crimes is measured by the sentence length. When the community or victims want to assert that they will not tolerate a crime, they look for a way of expressing that abhorrence, and a longer custodial sentence seems to serve that purpose, even if it is of little or no use in ensuring that the offender does not commit further crimes.

For offenders who do not need to be in custody, we need strong community sentences to be recognised as a punishment—not as a soft option. For some offenders they already are, but there is a media obsession with custody that is not justified by custody’s record in reducing reoffending. We are in a new situation, and there is a real chance to change things in a way that could reduce reoffending and make people safer from crime, at less cost.

In conclusion, we need to know three key things from the Minister. First, are Ministers ready to continue what the Lord Chancellor has started, by openly taking on the “prison works” argument and demonstrating that for many offenders custody is too costly and too ineffective to contribute as much to public safety as well-planned alternatives can? Secondly, how will a shift from the use of custody in appropriate cases be achieved, given that changes in sentencing principles will not work unless alternatives are widely available and the judges and the public are confident in them? Finally, and most important, how will Ministers prevent cuts in the Ministry of Justice budget from putting a roadblock in the way of the reforms that the Committee has advocated and to which the Government are now committed? What will be the impact of yesterday’s announcements on the ability of Ministers to deliver the policy shift that they have signalled? I hope that the Committee, in its work, has provided an underpinning of substance and intellectual coherence for what I see as a radical policy shift of real potential value to the safety of the people of this country. I am very interested to know whether the Government will be able to continue that initiative.

[Mrs Anne Main (in the Chair)]

I have letters from seven people who are hoping to catch my eye during this debate, and I also want to give the Minister and the Front-Bench speakers plenty of time for considered response. I hope, therefore, that everyone will keep that timing in mind.