Please note before delivering this presentation This slide pack can be adapted for local use by YOTs to meet local conditions and the local audience. It is recommended that you develop some local case studies and training materials to illustrate what impact the changes might have. Pilot YOTs and pilot YOT youth offender panel members strongly recommended “simulation” and Asset “scoring” exercises as helping panel members to understand the Scaled Approach intervention level changes. The Criminal Justice & Immigration Act contains some significant revisions to the conditions under which Referral Orders can be imposed. Panel members will have questions about these changes and the implications for their role. Therefore you should read through this presentation thoroughly before using it. Important information to assist you in delivering the presentation is contained in the notes pane accompanying each slide. Please ensure, these are read prior to using this presentation.

Referral Orders and the Scaled Approach Implementation date: 30 November 2009 Panel members’ briefing ●Insert date

3 Agenda (adapt for local use) The Criminal Justice and Immigration Act 2008 ●Key changes ●Purposes of sentencing ●Changes to Referral Orders Scaled Approach ●What is it? ●Why develop it? ●How was it developed? ●What are its key principles? Implications for panel members ●Is there a change in my role? ●How does it work in practice? ●Where can I learn more?

Criminal Justice and Immigration Act

5 Criminal Justice and Immigration Act 2008 Key changes: ●Purposes of sentencing ●Youth Rehabilitation Order (YRO) ●Changes to Referral Orders ●Youth Conditional Caution ●Custody-related changes ●Anti-social behaviour, Youth Default Orders, Rehabilitation of Offenders The Scaled Approach

6 Purposes of sentencing When sentencing a young offender the court must have regard to : ●the principal aim of the youth justice system (to prevent offending and reoffending) ●the welfare of the offender ●the purposes of sentencing, which are  punishment  reform and rehabilitation  protection of the public  reparation to persons affected by offences ●Criminal Justice Act 2003 restriction of liberty must be proportionate to seriousness of offence still applies The Scaled Approach

Referral Order changes in the Criminal Justice & Immigration Act From April 2009, Courts can make Referral Orders where: ●There is one previous conviction and Referral Order not given ●Previous bind over or Conditional Discharge ●In exceptional circumstances on YOT recommendation in case with previous Referral Order ●Also includes where a previous custodial sentence has been given And court discretion: ●Discharge Referral Orders early for good behaviour ●extend up to three months at YOT recommendation e.g. non- compliance

The Scaled Approach

The Scaled Approach – what is it? ●The Scaled Approach is a new way to match the intensity of YOTs’ work with children and young people who offend to their assessed likelihood of reoffending and their risk of serious harm to others ●The model, which was developed in partnership with YOTs, provides greater information from which the judiciary can make decisions about a young person’s sentence ●It affects:  how YOTs plan interventions with young people  format and content of YOT reports to courts and youth offender panels ●It is used when a young person is on a Referral Order Contract, a YRO or during the community element of a custodial sentence ●The Scaled Approach has been designed to support the new YRO sentencing structure to be brought in by the Government in November 2009

The Scaled Approach – why develop it? ●Clear recommendation from Audit Commission (2004) ●Significant evidence base (reflected in the Key Elements of Effective Practice) ●An existing tiered framework of interventions in the adult sector ●A risk-based approach was already existing practice in number of YOTs ●A scaled approach was supported by evidence from the risk-based pilots (in four YOTs)

The Scaled Approach – how was it developed? Used all available evidence Piloted and evaluated risk based approaches with four YOTs Consulted widely with key people to ensure any concerns were addressed Developed three intervention level bandings Obtained legal advice from the Ministry of Justice Developed and published the draft model in February 2009

12 The Scaled Approach – key principles ●Assessment determines frequency of YOT contact and type of intervention (but quality is paramount as reflected in Key Elements of Effective Practice) ●Focus on:  Assessed likelihood of reoffending  Risk of serious harm to others  Consider the impact on the victim ●Interventions designed to:  reduce the likelihood of reoffending  reduce the risk of serious harm to others  support the new sentencing framework  Intervention tailored to individual risk and need

13 The Scaled Approach is used by the YOT to determine the level of intervention (either standard, enhanced or intensive) required when a child or young person is subject to one of the following court orders: Referral Order YRO Community element of a custodial sentence The Scaled Approach – a summary

How will my role change? What does this mean for panel members?

Messages from panel members in pilot YOTS ●Quality of reports to the panel improved immensely as a consequence of the risk-based model ●The risk-based approach provides consistency and clarity and moves away from individual YOT officer “idiosyncrasy” ●It enabled a more uniform approach for panel members, provided a clearer way of working  Improves practice because it helps focus on decision making and contract consistency “You do not lose your autonomy or ability to think laterally” “you can insert additional areas of intervention as deemed appropriate” ‘‘the risk-based approach promotes consistency for panel members”

Some questions raised by the pilots QuestionResponse How can the panel reconcile risk and proportionality? Proportionality is a matter the court in setting the length of the referral order Assessments of risk and need are critical to determining the types of interventions which YOT staff will propose to you in Referral Order reports What if the panel feels the young person’s welfare needs require more support than will be offered by statutory appointments alone? It is important that welfare needs do not result in statutory appointments (for which young people can be breached) Where welfare needs are identified, Referral Order reports will outline plans for addressing them on a voluntary basis (i.e. in order that they do not form part of the statutory contacts)

Court imposes Referral order Populate Asset (and ROSH if applicable) Determine Scaled Approach intervention level Apply professional judgement if applicable and seek managerial sign off Recommend possible contract items Prepare Referral Order report based on all available info The Scaled Approach – how does it work in practice Panel defines contract YOT undertakes a full assessment YOT undertakes assessment Gather info from range of sources

Determining intervention level Child/young person profileIntervention Level Low likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 0 and 14 inclusive) AND Low risk of serious harm (as indicated by no risk of serious harm assessment being required, or low risk of serious harm assessment) Standard Medium likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 15 and 32 inclusive) OR Medium risk of serious harm (as indicated by risk of serious harm assessment) Enhanced High likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 33 and 64 inclusive) OR High and Very high risk of serious harm (as indicated by risk of serious harm assessment) Intensive

19 The level of statutory contacts for assessed intervention level Intervention Level (Likelihood of reoffending score) Contacts per month for first 3 months Contacts per month for rest of order Standard (0 – 14 inclusive) 21 Enhanced (15 – 32 inclusive) 42 Intensive (33 – 64 inclusive) 124

20 Benefits of the Scaled Approach More efficient and effective allocation of YOT resources Strengthened case management across the youth justice system Improved practice in assessment quality, pre-sentence reports and intervention planning Tailored interventions based on the young person’s risks and needs Fewer young people in custody Reduced reoffending Reduced risk of serious harm to others Increased public confidence

21 So when will it all happen? Go live date 30 November 2009

Workgroups

For more information about the Scaled Approach and the YRO ●Please speak to your local Referral Order co-ordinator ●Please access the YJB website at gb/practitioners/CourtsAndOrders/Disposals/ReferralOrder ●To view the Referral Order guidance and other materials please access the Ministry of Justice website at ●The guidance document is available at