Criminal Justice and Courts Bill

Debate between Lord Faulks and Baroness Linklater of Butterstone

Monday 21st July 2014 Lords Chamber

[Baroness Linklater of Butterstone (LD)]

My Lords, I shall echo most of what has already been said. I think that around the Chamber we are pretty well agreed that what is being planned in general for the most vulnerable children in our community is entirely inappropriate and inadequate.

First, I shall speak to the new clause proposed in Amendment 43B concerning sentencing guidelines and provisions regarding secure colleges. The clause would amend the sentencing guidelines laid down in the Coroners and Justice Act 2009 in relation to those aged under 18. It states that no court should impose a custodial sentence upon an offender who is under 18 simply because a place happens to be available at a secure college when otherwise a community sentence would have been imposed, or impose a longer sentence precisely because a place at a secure college is available. It reflects a concern that sentencers might be attracted by the idea of a secure college at the expense of a community sentence because of the possibility of the education that may be on offer. That of course is very superficially attractive, not least because at this point in time we have no idea what that educational provision will consist of.

It is rather like when the DTO was introduced in 2000. It was attractive to magistrates because it appeared to combine punishment with rehabilitation and protection to society, but it simply resulted in a surge of children in custody. With similar perceptions, there is a real risk that secure colleges could drive up the numbers in custody. It is important to remember that custody really must be the disposal of last resort for young people in particular. They have the worst outcomes of all sentencing options for society, as well as for the offender, as 70% of children and 58% of 18 to 21 year-olds will reoffend within a year of their release.

We know that non-custodial sentences offer far better outcomes all round, particularly in terms of reoffending. However, the form of custody envisaged by the secure college, by virtue of its scale alone, offers little hope of achieving much in terms of improving the life chances of the children and young people it is planned that it will hold. Some 320 children under one roof, or at least in one campus, is just an impossible size for anything to be done—as everybody has been saying—on a personal basis.

There is an additional worry, highlighted originally by Sir Alan Beith MP at Second Reading in the Commons, that the education said to be on offer is likely to be piecemeal at best when the average length of custody is 79 days and hardly long enough to complete any course, even if a young offender happened to arrive at the college at the beginning of one. They take pot luck to join in when they arrive. So the reality of the college experience from an educational point of view alone is—

[Lord Faulks]

I am very sorry to interrupt my noble friend but I wonder whether she is not in fact talking to a different amendment.

[Baroness Linklater of Butterstone]

Am I?

[Lord Faulks]

I think you are.

[Baroness Linklater of Butterstone]

I am talking to Amendment 43B.

[Lord Faulks]

It is not in this group.

[Baroness Linklater of Butterstone]

Oh, it is in a different group. I am so sorry. Shall I continue or shall I leave it?

[Lord Faulks]

I think, with respect, you could come back to it if we get to that point.

Transforming Rehabilitation: Mental Health

Debate between Lord Faulks and Baroness Linklater of Butterstone

Tuesday 6th May 2014 Lords Chamber

[Baroness Linklater of Butterstone]

To ask Her Majesty’s Government what plans they have to include mental health treatment and support in contracts for the probation services as part of the new Transforming Rehabilitation programme.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, our reforms will bring in the best of the private and voluntary sectors to work with offenders and reduce reoffending. Community rehabilitation companies will be contracted to work with low and medium-risk offenders in the community, and the National Probation Service will supervise high-risk offenders. Both will be required to deliver services for specific groups such as females and BME offenders, as well as those with mental health issues, to ensure that an offender’s treatment requirements are complied with, including in situations where a court order exists.

[Baroness Linklater of Butterstone (LD)]

I thank my noble friend for that reply. I am sure that he will be aware that currently four out of every 10 people who are being supported by the probation service are actively mentally ill: that is, 39%. This underlines the range of skills and knowledge that is required today from experienced members of the probation service in managing and properly meeting the needs of these clients. Therefore, will the Minister clarify whether the new organisations now bidding for probation service contracts are specifically expected by the Ministry of Justice to include and implement mental health provision across the board—because there are not specialisms to this extent within the probation service, as far as I know—and whether this requirement will be included in the proposals? How will the quality of the proposals of the new probation service contractors and the performance of the new providers be assessed?

[Lord Faulks]

My noble friend, and the House, may recall that the Government lodged with both Houses of Parliament a detailed draft services agreement, which included provisions that would apply to mentally ill offenders. Clause 3 of the agreement provides that the contractor shall monitor that the treatment provider prepares a full treatment plan with details of the specific mental health needs of each allocated person, with the timescale indicated to the court at the time of the sentence. Therefore, companies will be contractually obliged to do this. They will have an obligation under the Human Rights Act and under the Equality Act. My noble friend is of course right that the skills should be preserved in relation to mental health.

Prisons: Deaths of Young People

Debate between Lord Faulks and Baroness Linklater of Butterstone

Thursday 6th February 2014 Lords Chamber

[Lord Faulks]

My Lords, every single death in custody is investigated by means of an inquest by the Prisons and Probation Ombudsman and all lessons are shared. One of the purposes of the review is to go beyond the focus on individual circumstances, important though they are, to see whether lessons can be learnt from putting together all the individual facts which are derived from those investigations. I accept what the noble Lord says and, if there are specific aspects deriving from ethnic origins, I am sure that those will be taken into consideration.

[Baroness Linklater of Butterstone (LD)]

My Lords, for a child to commit suicide at all is a tragedy, but for a child to commit suicide while in custody is a catastrophe. Will the Minister ensure that professionals inside and outside the prison are required to share information and to look at the underlying issues as part of sentence planning for these children? This is not routine practice today. Will the Minister also ensure that much more specialist training is given to prison staff? These children are very disturbed, damaged and difficult, but also in deep distress. The Government must act on this intolerable situation instantly.

[Lord Faulks]

My Lords, the noble Baroness identifies a matter of great concern to the Government. Under-18s are considered in various ways, through the work of the Youth Justice Board and the NOMS review of the assessment, care in custody and teamwork process—the acronym ACCT will be familiar to the noble Baroness and to the House. However, we intend to learn from this review as applied to this age group.

I entirely accept that suicide in any circumstances is a tragedy. We are concerned to focus on the early days in custody, when young offenders are particularly vulnerable. All prisoners will receive an initial health screening within 24 hours of reception and there will be an initial assessment of their risk of self-harm. If the prisoner is identified as being at particular risk, the assessment will take place within 24 hours and governors must ensure that arrangements are in place for staff to monitor prisoner safety and well-being throughout the first night in the prison. It is right to say that there is a disproportionate occurrence of suicide during the early stages of custody, so the suicide prevention strategy will be specifically targeted at that stage.