Transforming Rehabilitation Reforms Extraordinary Meeting Probation Courts Forum

Outline of Presentation Rationale for the reforms Key changes Timeframes What does this mean for the Courts?

Reform Rationale Need to reduce reoffending rates Investment and new ways of working required to fund a rehabilitation requirement for all those sentenced to <12 months custody Greater flexibility to do what works More diversity of providers Market forces drive right behaviours if rewards are based on successful outcomes

Key Changes New National Public Probation Public Probation: approx 4,300 cases in London All court reports Initial risk assessments All MAPPA registered cases All cases assessed as high risk of harm Small number of public interest cases

Key Changes New National Public Probation Cases where risk of harm has escalated to ‘high’ Parole Assessments Breach and Recall decisions Victim Liaison Unit Approved Premises Commissioning interventions for high risk offenders

Key Changes 21 Contract Package Areas (CPAs) London will be one CPA (approx 33,000 cases). Each CPA will include the following business: Management of all medium risk and low risk cases excluding MAPPA registered cases. Prison resettlement contracts to enable ‘through the gate’ services. Currently envisaged that most interventions, including Community Payback, Accredited Programmes and Specified Activity Requirements, will be included. The management of ‘high risk of harm’ and MAPPA eligible cases while in custody.

Other Issues Trusts can spin off into ‘Mutuals’ and bid for business as a sub not a prime. All work and resources identified as being in the 21 CPAs will be established as 21 ‘new concerns’. These will be called Community Rehabilitation Companies (CRCs). The CRCs will be established as private entities which will be overseen by MoJ until the CPA are awarded to the new providers. At this point the CRCs will be sold to the successful bidders. Government will maintain a small stake in the CRCs as an insurance policy.

Other Issues Prison Estate will be reconfigured to establish ‘resettlement prisons’ in local areas. Professional body will be established for Probation Officers but no guarantee new providers will subscribe. HMIP will oversee quality across whole provider network. Prison public protection element likely to be ‘public’ (POs only). Community Payback will be included in the CPAs but London will need to be considered separately.

Timeframes

Key dates (Not confirmed) August 2013: Data capture re caseloads and HR plus job descriptions etc. September 2013 - October 2013: Formal consultation October 2013 - Feb/April 2014: Staff selection April 2014: Go Live new Public/CRC structures April 2014 - October 2014: stress testing new model October 2014: 21 CPA contract awards October 2014: Commence mobilisation Unclear when Trusts will cease.

Issues for the Court Changes in Legislation Breaches and Recalls Public Protection.

Legislation Due for Implementation in 2015 Rehabilitation of Offenders Bill Due for Implementation in 2015 <12 months 12 months licence and supervision < 24 months minimum 12 months licence and supervision Includes those reaching their 18th birthday while subject to DTO or YOI.

Legislation Streamline the Community Order providing more flexibility. The Supervision and Specified Activity requirements will be replaced by a general ‘Rehabilitation Requirement’. An Accredited Programme Requirement will not be required to deliver a programme. This could form part of the ‘Rehabilitation Requirement’. Punishment requirement for every community order.

Enforcement, Breach and Recall Breach of licence element of <24 months will be undertaken via recall (NOMS). Breach of the supervision element of <24 months will be processed via the courts. Public probation will make decisions regarding breach and recall on behalf of the state.

Enforcement, Breach and Recall Need more detail on mechanisms and processes which bridge multiple providers. Will be a national model for breach prosecutions which will be operated regionally. Will be a larger pool of offenders, so while compliance is our aim, there is likely to be an increase in breaches and recalls in the system.

Public Protection Model Public protection is the responsibility of all providers not just public probation. Public probation will be responsible for the initial assessment. NOMS is developing a new actuarial risk and allocation tool. All cases assessed as ‘high risk of harm’ will become the responsibility of Public Probation.

Public Protection Model All providers will be required to have systems in place to monitor changes in risk. It will not be mandated to be eOASys once it goes over to the new provider. Public Probation can determine whether a case is returned to the public side or co-managed. It can also create triggers for the case to be reviewed if the risk assessment is borderline. Case transfers are a potential weak point regarding risk management.

Impact Assessment Changes to legal aid re representation Potential impact on short term prison sentences Will there be an end to the sentence if an offender repeatedly breaches? Impact on Breach Courts.

Continuity of Court Delivery Maintaining our court delivery during a period of historic change

Probation Officers began as ‘Court Room Missionaries’ Continuity of Court Delivery Probation Officers began as ‘Court Room Missionaries’

Continuity of Court Delivery

Continuity of Court Delivery Emphasis remains on quality, efficiency and effectiveness: Timely, high quality reports Regular liaison events Available in the courtroom or advice on the day Review of training.

Continuity of Court Delivery How will Transforming Rehabilitation impact on Court Delivery?

Continuity of Court Delivery The court process: Approved Premises MAPPA Victims Public Probation High Risk of Harm Public Interest? Pre-Sentence Report Community Sentence passed New Risk Tool Treatment Requirements New Providers Unpaid Work Specified Activities Programmes

Possible new delivery: Continuity of Court Delivery Possible new delivery: Court Public Probation Breach Change of risk New Regional Providers Local Providers Local Providers Local Providers

Continuity of Court Delivery Other changes: 2015 Sentences under one year and under two years Custody and supervision Recall and breach.