Offender Rehabilitation Bill [HL]

Lord Bradley Excerpts

Wednesday 5th June 2013 Lords Chamber

Moved by

[Lord Bradley]

6: Clause 2, page 2, line 37, at end insert—
“(7A) The supervisor must explain to the offender in language appropriate to his individual intellectual ability and understanding—
(a) the effect of the supervision requirements, and(b) the effects of non-compliance with any requirement with which the offender is required to comply.”

[Lord Bradley]

Amendment 6 is in my name and that of the noble Lord, Lord Ramsbotham. It requires the supervising officer to explain the implications of licence conditions and the effects of non-compliance in language that is appropriate to the offender’s intellectual ability. As the Minister explained, Clauses 1 and 2 extend statutory monitoring and supervision to offenders serving short sentences for a mandatory period of up to 12 months. The introduction of a new period of statutory supervision with its own requirements, in addition to those of the licence period, adds an extra element of complexity to a person’s custodial sentence. The amendment will ensure that people with poor communication and comprehension skills, such as people with learning disabilities, will be able fully to understand the terms of their supervision requirements, and what might happen if they do not follow them.

It is generally accepted that between 5% and 10% of adult offenders have learning disabilities, and that a significant number of juveniles reaching 18 have speech, language and communication difficulties. However, in the absence of routine screening, the support needs of this group are often left unrecognised and unmet. Research undertaken by the Prison Reform Trust—I declare an interest as a trustee of the trust, and pay tribute to the brilliant work it does on behalf of people with learning disabilities who find themselves in the criminal justice system—showed that more than two-thirds of prisoners with learning disabilities and difficulties experienced problems with verbal comprehension, including problems understanding certain words, and with expressing themselves.

Research by various academics has shown that many people with communication difficulties lack the language skills to understand what is happening to them, and the implications of what is being asked of them. For example, many have problems understanding vocabulary that is commonly used in the criminal justice system, including words such as “victim” and “breach”. Many people with learning disabilities have limited language, comprehension and communication skills, which mean that they may have difficulty understanding and responding to questions and recalling information, and may take longer to process that information. They may also be acquiescent and suggestible, and, under pressure, may try to appease other people. Many also have memory problems, which may mean that they need regular reminders of what is expected of them over their licence and supervisory period.

I found that all these factors came into effect when I undertook my independent review of mental health learning disabilities in the criminal justice system, and I am grateful that the Government are supporting many of the recommendations in the report as we move towards a national rollout of liaison and diversion schemes—including, crucially, early identification and assessment of people with complex needs, including learning disabilities. To ensure that adults understand what is expected of them during their licence and supervision period, the language used must be appropriate to the intellectual ability and understanding of the individual offender. To do otherwise will place the individual at risk of non-compliance, possible breach and a return to court. It will also fail to take into account the need for reasonable adjustments, as required by the Equality Act 2010.

It is worth pointing out that a similar debate during the passage of the Legal Aid, Sentencing and Punishment of Offenders Bill highlighted concerns over the use of language by courts in explaining their sentences. The noble Lord, Lord Ramsbotham, said that the inclusion of the term “ordinary language” was not precise enough to ensure that offenders with learning disabilities and communication difficulties would be able fully to understand and comply with the requirements placed upon them. I am pleased to quote what he said:

“Ordinary language, however simplified, may not be sufficient to explain complex concepts or terminologies which could elude the comprehension of some individuals. For example, people with a learning disability may require easy-read formats, which include pictorial aids … different forms of communication above and beyond ordinary language must be employed, determined by what is most appropriate for the recipient”.—[Official Report, 1/2/12; col. 1652.]

In response, the Minister agreed that guidance would be passed on to the relevant judicial training bodies for consideration. I understand that this was the Criminal Procedure Rule Committee. He said:

“I very much appreciate the advice that Mencap provided on the various techniques that could be used to explain a sentence to people with learning difficulties. That will be used in the training of judges and magistrates, and I intend to pass that on to the bodies responsible for that training”.—[Official Report, 1/2/12; col. 1660.]

I would be grateful therefore if the Minister could update us on progress in that regard.

Let me now turn briefly to supervision requirements. Part 1 of Schedule 1 to the Bill outlines the requirements which may be imposed upon a person under supervision. I am concerned about the impact that some of these requirements may have on people with communication and comprehension difficulties, such as people with learning disabilities. In setting the licence and supervision requirements, the particular care and support needs of the individual should be both assessed and taken into account. One example is good behaviour. In Schedule 1, proposed new subsection (1)(a) to the Criminal Justice Act 2003 requires a person,

“to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period”.

I, together with organisations such as the Prison Reform Trust, am concerned at the extent to which this requirement is open to interpretation. The Explanatory Notes to the Bill explicitly recognise this, stating:

“In relation to the requirement to be of good behaviour etc, there is a certain degree of imprecision in the requirement, but it is considered that it would be clear to offenders and the court what conduct would be prohibited under the requirement”.

The Government provide some clarity in referring to conditions outlined in Prison Service Instruction 2012/20 (licence conditions and temporary travelling abroad), stating that,

“clear policy guidance will be issued in relation to this topic”.

Good behaviour is highly subjective and can be used to describe many different types of behaviour. What may appear to be common sense to many people is unlikely to be explicit enough for certain vulnerable adults, such as people with learning disabilities or difficulties. It will therefore be important to ensure that any guidance recognises the intellectual ability and understanding of the individual under supervision and explicitly states and restates where necessary what would constitute a breach.

I would therefore be grateful if the Minister, when he responds, would give the House some assurances about the proposed guidance, including when it will be issued, who will issue it, how it will be disseminated and to whom, and what additional training will be provided.

Secondly, I turn to receiving visits. Proposed new subsection (1)(d) in Schedule 1 specifies that a person must,

“receive visits from the supervisor in accordance with instructions given by the supervisor”.

Again, it will be important for safeguarding issues to be fully taken into account when supervisors visit vulnerable people under their supervision, especially—for example—women and people with learning disabilities. Will the Minister give the House assurances that supervisors will be required to undertake appropriate safeguarding training work with vulnerable people?

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With the assurances I have given, including an assurance to make available the easy-read versions of the different sets of guidance we will be issuing, I hope that the noble Lord, Lord Bradley, will feel able to withdraw his amendment.

[Lord Bradley]

My Lords, I am grateful to the Minister for that detailed response. When you move an amendment you do not expect a debate around the wording of the Bill; that was an unforeseen consequence, but I am grateful to noble Lords for enlightening us with their contributions. I also thank the noble Lord, Lord Ramsbotham, for his support for this amendment.

It is clear that the Government recognise the importance of ensuring that people with communication and learning disabilities are fully informed and understand the requirements, and that the supervisors should be properly trained in this respect. I am pleased that the guidance which we have identified is to be issued as soon as possible; indeed, it is hoped before the Report stage so that we can be confident that that part of the process will be properly administered.

I am grateful for the assurances that the Minister has given and I am sure that he will look at Hansard to check whether there are any other points that have not been picked up. That will give him an opportunity to respond, perhaps in writing, to me and to other noble Lords who have contributed to this debate. We will then have a clear understanding of how we are to ensure absolutely that people with learning disabilities are able to complete their rehabilitation successfully.

Finally, I thank the Minister and other noble Lords for their kind words about my report on mental health, learning disabilities and the criminal justice system. With those comments, I beg leave to withdraw the amendment.

Amendment 6 withdrawn.