1. Transforming Rehabilitation Reforms
Extraordinary Meeting
Probation Courts Forum

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

3. 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

4. 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

5. 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

6. 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.

7. 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.

8. 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.

9. Timeframes

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

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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

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

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

21. Continuity of Court Delivery

22. 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.

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

24. 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

25. 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

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