Community Sentences (Justice and Home Affairs Committee Report)

Lord Timpson Excerpts

Friday 26th July 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, it is a privilege to close this debate in my new role as Minister for Prisons, Parole and Probation, with responsibility for reducing reoffending. I thank the noble Baroness, Lady Hamwee, for her opening remarks and for securing this important debate following publication last year of the Justice and Home Affairs Committee’s report on community sentencing.

It was clear to me upon first entering your Lordships’ House that this is a human library of knowledge, experience and expertise. I assure noble Lords of the value I place on getting community sentences right, from the point of advice to court and throughout a sentence, so that they are effective in keeping the public safe and cutting reoffending.

This debate is an opportunity to start a conversation about this Government’s vision and priorities for the future of community sentencing. It also provides an avenue to recognise the work going on across the Probation Service and other public, charitable and private organisations to deliver better community sentences. On this subject, I acknowledge the fantastic work that probation staff, as well as those from other organisations, do on a daily basis, despite the pressures caused by the prison crisis that this Government have inherited. I will set this out first before turning to the additional points raised in the Justice and Home Affairs Committee report.

The Labour Party manifesto promised to take back our streets. That is why those who risk the public’s safety must be confronted by law and order. Central to this is our ambition for a criminal justice system that not only makes sure that justice is upheld by punishing offenders but provides genuine rehabilitation, leading people away from crime.

For many offenders, although not all, community orders are a more appropriate option than custody. For example, they are more appropriate for individuals struggling with a range of complex needs, such as substance misuse or mental health issues, which have led them into a cycle of offending, or for a young first-time offender who is likely to become a career criminal if their life is disrupted by a custodial sentence. If left untreated, the circumstances that led to a person’s initial offence will only push them towards a life of crime. As a result, too often we see needless preventable reoffending. Robust community sentences are an alternative option that protects the public, reduces reoffending, cuts crime and is rooted in evidence. These sentences offer a different narrative—one that emphasises rehabilitation and reparation, without sacrificing public safety. This is done through a combination of tailored monitoring and support that targets offenders’ often complex issues.

The Probation Service has a crucial and often overlooked role in delivering these sentences by protecting the public while supporting offenders to turn their lives around. A more joined-up approach to reducing reoffending is required if we are to maximise the potential of community supervision. We can see this in action in Greater Manchester, where probation is linked up with housing and health services to ensure that offenders leaving custody receive the support they need. That is why this Government will conduct a review of probation governance, following the evidence of what works to cut reoffending.

I would like to talk about some specific elements of community sentencing which I think hold real value and promise. It is vital that we make good use of technology where we can in the delivery of community sentences. Electronic monitoring is a useful tool that allows us to monitor compliance with behaviour and location requirements in the community. There are three types of electronic monitoring devices available: radio frequency devices for curfews; global positioning system—GPS—devices for curfews, exclusion zones, attendance at appointments and constant whereabouts monitoring; and alcohol monitoring devices, which can be used to monitor partial or total bans on alcohol consumption. Data from alcohol monitoring for community sentences shows that devices did not register a tamper or an alcohol alert for over 97% of the days worn. This provides offenders with a real chance to rewrite their behaviour and change the narrative of their life. I have volunteered to be fitted with an alcohol tag and look forward to gaining first-hand insight into the experience of those who are electronically monitored.

It is important that while on a community sentence offenders take responsibility for their actions and actively contribute to repairing the harm caused. Community payback, while punishing people, offers them a real opportunity to give back to their communities. It is vital that this work addresses local need and benefits communities so they can see the reparations being made. It can also support measures to reduce reoffending by providing opportunities to gain vocational or skills-based on-the-job training to assist offenders in finding employment.

I am interested in finding ways better to deliver community orders and address the drivers of offending behaviour. The intensive supervision courts pilot is testing an innovative approach to community sentence management. Pilots have been rolled out in four locations: in Liverpool, Teesside and Bristol in the Crown Court, and in Birmingham in the magistrates’ court. These orders are delivered jointly between probation and the courts to offer comprehensive and rehabilitative support to offenders as an alternative to short custodial sentences. Wraparound support can be hugely beneficial, particularly for vulnerable cohorts of offenders. I note the committee’s interest in these pilots and believe that much of their work aligns with the conclusions made in the report. We are conducting an evaluation of the effectiveness of the pilot to consider its role in the criminal justice system, and I look forward to visiting one of the sites, in Birmingham, in the coming weeks.

Although this report and debate are focused on community orders, I want also to touch on the subject of prison leavers, as it is one in which I have long been invested. Effective resettlement of those who leave prison is a core part of our efforts to reduce reoffending, as it aims to ensure that the elements which are proven to reduce reoffending are in place when an offender leaves prison. This includes making sure that someone has a home, family links where appropriate, access to healthcare, a job or further education and/or access to benefits.

As noble Lords will know, employment opportunities for offenders is a subject in which I have long taken a significant and active interest. As the noble Baroness, Lady Hamwee, said, and I very much agree with her, we know that finding employment in the year after release makes offenders less likely to reoffend by up to nine percentage points. The employment rate for prison leavers six months after release has more than doubled across the past three performance years from 14% in 2020-21 to 31% in 2023-24, with growing support from the business community. Yet there is more to do to ensure that this trend continues, especially with high vacancy rates in many sectors. I am particularly interested in how we can increase paid employment and training opportunities for those on community sentences as well as prison leavers.

I will now turn to some of the specifics of the committee’s report and respond to some questions raised in today’s debate. The committee has clearly set out the complexities of the system, but also the potential of those we are trying to help to turn their lives around. This report is well timed for me coming into this role and is much appreciated. This may sound unusual, but to me this is perfect bedtime reading.

Given that this is a new Government, I will not speak to the specifics of how the previous Government responded to the committee’s report. It is important that we take the time to get these decisions right, improve our criminal justice system and ensure that community sentences are robust in delivering their objectives. I instead want to use this opportunity to demonstrate this Government’s vision for community justice, and I will touch on a few areas the committee highlighted, which I think are fundamental in the successful delivery of community sentences.

Before continuing, I will take the time to thank front-line staff, who warrant immeasurable credit for their commitment and professionalism, without whom our vision for the system will not be realised. Our brilliant staff at the Probation Service, as the noble Lord Macdonald of River Glaven, mentioned, are committed to delivering the punishments set by the courts, keeping the public safe from harm, and giving offenders the chance to turn away from their lives of crime. They work every day with some of the most complex people in our country, inside one of its most complex systems.

This Government will strengthen probation by building a supported, skilled and resilient workforce that is able to deliver high-quality supervision that is focused on the areas of highest risk and delivered within manageable case loads. I have found over the years that building the most effective workforce and achieving an outcome to its fullest potential means ensuring that the people on the front line are happy, motivated and respected. In my role as Minister, I intend to embed this culture.

Probation practitioners, supervisors and managers keep the public safe. I am here to support those professionals in their endeavour to protect, rehabilitate and build trusting relationships with those they supervise. That is why I am determined to increase recruitment to mitigate case-load stress. We have committed to recruiting more than 1,000 trainee probation officers by March 2025. I can feed back to the noble Baroness, Lady Ludford, that my visit last week to meet front-line probation staff was absolutely inspiring, and although they are up against a huge amount of work with the current releases and those coming soon, they were determined to make this a success. I have every faith in their ability.

I agree with the noble Baronesses, Lady Prashar and Lady Meacher, on the importance of increased provision of treatment for addiction and mental health. It is vital that sentencers can appropriately tailor community sentences to address individuals’ needs, which may be driving their offending behaviour, as well as to protect the public. I agree with the emphasis the noble Baroness, Lady Meacher, placed on the provision and availability of community sentence treatment requirements for substance misuse and mental health needs. I am committed to working with health partners to maximise the availability and impact of this, although, as per the questions from noble Lord, Lord Sandhurst, and the noble Baroness, Lady Prashar, I am not able to commit to increasing funding at this time. Mutual aid groups such as Alcoholics Anonymous and Narcotics Anonymous also have an important role to play in supporting long-term recovery.

The committee helpfully highlighted the specific needs of women and the vital role that women’s community services play. Effective community-based sentencing can mean that women are less likely to lose accommodation and employment, enabling them to receive targeted support, reducing the likelihood of reoffending, and limiting disruption to their families and children. Going forward, we must be led by evidence and learn more about the potential for residential alternatives to custody, such as at Hope Street and Willowdene, where wraparound care and effective rehabilitation is provided for women with multiple complex needs.

A process evaluation interim report will be published later this year and a full process evaluation report will follow in summer 2025. As mentioned earlier, the intensive supervision courts are a promising pilot of how this wraparound support can help with certain cohorts of offenders. I was pleased to hear the question from the noble Lord, Lord Sandhurst, about provision for young adults in probation. The Transitions to Adulthood Hub in Newham, delivered in partnership with the Mayor’s Office for Policing and Crime, demonstrates the value that this type of approach can have for young adults. The evaluations being conducted for these approaches will help to evidence the effectiveness of wraparound support to address criminogenic need.

I note the remarks of the noble Lord, Lord Paddick, on restorative justice. This is something that is offered at the hub to encourage young adults to gain an insight into the consequences of their actions and the impact on victims. I will be considering its role in the future of the criminal justice system.

Of course, the most effective community sentences are those that are tailored to the individual. Sentences should address the underlying causes of offending, while ensuring that the individual is not set up to fail, with requirements they cannot realistically comply with. The work of probation in court is therefore crucial in properly assessing rehabilitative needs and risk, as well as providing an independent recommendation on appropriate sentencing options.

For a service under such significant pressure, there are no quick wins for improving delivery, as I am sure the committee is well aware. However, evidence shows that in cases where a pre-sentence report has been completed, offenders are more likely to successfully complete their sentence. I am supportive of the department’s efforts in increasing the volume and quality of PSRs. I hope that the noble Baroness, Lady Hamwee, approves of this and agrees that we need to encourage the building of relationships between probation officers and offenders, and between government and the third sector.

The noble Baronesses, Lady Prashar and Lady Ludford, emphasised that it is vital that the Probation Service commands the trust of victims, the public and sentencers. The word “trust” was used a lot today, and to me this is a very important trait we need to continue with. I am committed to restoring and maintaining the confidence of the judiciary in probation’s delivery of tailored community sentences. Through the judicial engagement charter, the department works closely with the judiciary to ensure that sentencers have up-to-date information on available interventions and evidence of effective practice.

The department also seeks to increase transparency by bringing together senior representatives from across the judiciary in quarterly meetings, chaired by the Chief Probation Officer, Kim Thornden-Edwards, to share information about new projects and get feedback on probation’s performance.

Regarding the question from the noble Lord, Lord Sandhurst, on sentencing and short custodial sentences, I can inform the committee that we will be launching a review of sentencing. While the terms of reference are not yet defined, this will look to ensure that the sentencing framework is consistent and clear to the public. More details of this review will be announced in due course.

I support the committee’s overall assessment that local and partnership working is important to delivering good community sentences. I thank the right reverend Prelate the Bishop of Newcastle for her comments on the importance of partnering with third sector and local organisations. It is vital that the Probation Service works as a team with partners across the criminal justice system and beyond who have the knowledge and specialist expertise to help turn people’s lives around. I want to thank the many partner organisations that work closely with probation, including police forces, local authorities, health providers, the third sector and others, which all play a key part in driving down offending and supporting offenders’ rehabilitation. We will ensure that this valuable engagement continues.

I am also grateful to the right reverend Prelate the Bishop of Newcastle for sharing her reflections on her experiences in New Zealand, and I note these with interest. A central feature of New Zealand’s approach is its focus on joined-up and partnership working, which we know helps to support meaningful change. International comparisons provide us with valuable insight, and I am keen that we consider this evidence and lessons learned from examples of good practice across prison and probation systems globally. I intend to visit international justice systems, but I will make sure that my tag has been removed before I get on the plane.

Like the committee, I believe in the value of technology in improving the public services we deliver. New and efficient software is integral to the task of increasing productivity. I am encouraged by the rollout of the new HMPPS assess risks and needs instrument—known as ARNS—a replacement for the core risk assessment tool used day in, day out by probation staff. The introduction of this technology will free up administrative time for sentence management to allow valuable face-to-face meetings with supervised individuals and improve our digital capability so that information on offenders’ risk will be better shared across prisons and probation.

I fully agree with the noble Baroness, Lady Prashar, on the importance of securing public confidence in community sentences. The Sentencing Council is independent of Parliament and the Government, but I note with interest the noble Baroness’s thoughts on its role in public perception.

This Government are committed to doing all we can to make non-custodial sentences fit for purpose. Our vision of successful community justice is to deliver suitable punishment, public protection and vital rehabilitation in order to reduce reoffending. To realise this, we will build a system based on a clear understanding of what the problems are and evidence of what works, to ensure that community sentences are delivered effectively.

Let me repeat my gratitude: for the opportunity to respond to this important debate; to the noble Baroness, Lady Hamwee, for securing it; and to all those who contributed. I thank again those noble Lords who are members of the Justice and Home Affairs Committee for the work that has gone into this report. I also thank the committee’s officials, who have, I know, worked collaboratively with the department throughout the duration of the review.

I close by emphasising my appreciation of and admiration for the committee. With a strong Probation Service, we can break the cycle of offending, make our streets safer and restore public confidence in community sentences. This is the right approach for our justice system. I look forward to the continued dialogue on this matter.