London Probation Trust

Transcription

1 London Probation Trust Bench Guide to Community Sentences June 2013 London Probation Trust 1

2 Introduction Welcome to the London Probation Trust Bench Guide to Community Sentences. This is the fifth edition of the Bench Guide, which has received positive feedback since its first publication in The guide has been compiled for use by all sentencers and legal advisers, and details the sentencing options available through London Probation Trust. It does not, however, cover provision for the under 18s. This guide does not purport to be an authoritative guide to the law but represents the views of London Probation Trust and the National Offender Management Service. It does not seek to be a substitute for the definitive guidelines of the Sentencing Council. I hope you will find the Bench Guide a useful resource. We welcome any feedback you may have please contact us via any of the methods detailed at the end of the guide. Heather Munro Chief Executive London Probation Trust London Probation Trust 2

3 Contents Pre Sentence Report... 4 The Community Order and its Requirements... 8 Suspended Sentence Order Activity Requirement (also known as Specified Activity Requirement SAR) Alcohol Treatment Requirement Attendance Centre Requirement Curfew Requirement Drug Rehabilitation Requirement Exclusion Requirement Mental Health Treatment Requirement Programme Requirement Prohibited Activity Requirement Foreign Travel Prohibition Requirement Residence Requirement Supervision Requirement Unpaid Work Requirement Breach of a Community Order Court Bail Information Scheme Women Offenders Victims Appendix A: Offender Assessment System (OASys) Appendix B: Specified Activities Available from London Probation Trust Appendix C: Programmes Available from London Probation Trust Appendix D: Acronyms Appendix E: Communication with London Probation Trust Visits to London Probation Trust Contact Details London Probation Trust 3

4 Pre Sentence Report Purpose To provide information to the sentencing court about the offender and the offence committed, and to assist the court to decide on a suitable community-based or custodial sentence. A Pre Sentence Report will only be prepared once the offender has been convicted, whether after trial or following a guilty plea. It is important to note that even if the sentence imposed will not be carried out by probation we are still able to provide the report e.g. Curfew Requirement. Contents of a Pre-Sentence Report The Pre Sentence Report includes: Analysis of the offence The offender s attitude to the offence and the victim The offender s offending history and pattern of offences Relevant factors relating to his or her offending behaviour such as drug or alcohol use Previous compliance with supervision Risk of reoffending Risk of serious harm to the public Sentencing proposal which is most likely to deter the person from reoffending, punish for the crime committed and protect the public. London Probation Trust 4

5 This information will be collated from a range of sources including Crown Prosecution Service documents with detailed antecedents, previous probation reports and information from other agencies. Types of Report 1 The Probation Service prepares three types of Pre Sentence Reports: 1. A written report taking 15 days that is based on a full assessment. A written report produced on the day or within five days. 2. Oral reports prepared on the day and delivered verbally by the probation court officer. 15 day written reports For completion after an adjournment and based on a full Offender Assessment System (OASys) assessment (see Appendix A). Are normally suitable for high seriousness cases and some medium seriousness cases with complex issues to address: Sexual offences Domestic violence Child protection Serious mental health issues 1 Probation Instruction (PI05/2011 Determining Pre-Sentence Reports) London Probation Trust 5

6 High risk of serious harm Serious racially aggravated violence Prolific offending Robbery Burglary, where the court has indicated that it is considering passing a Community Order or Suspended Sentence Order and requires a Pre Sentence Report. Completed within 15 working days for bailed offenders and within court agreed timescale for those remanded in custody. Written reports completed on the day or within five days London Probation Trust will not normally complete a full OASys assessment for this report type Normally suitable for low seriousness cases and a significant number of medium seriousness cases, where the court has indicated that it is considering passing a Community Order and requires a Pre Sentence Report Sometimes suitable for straightforward custodial cases that do not require extensive information and analysis. Oral Reports An Oral Report can be provided instead of a written Pre Sentence Report on an offender aged 18 or over in less complex cases. Can be requested where the offence is less serious and the court s purpose of sentence is punishment. They are also suitable in assessing London Probation Trust 6

7 for a single requirement such as Attendance Centre, Curfew or Unpaid Work requirement Oral reports can also be used where an offender is currently being supervised by the probation service, or there is a previous report from within the last 12 months. These reports will be completed on the same day as requested. The following cases would be considered for an Oral Report: Serving prisoner Offender is currently under probation supervision Recent report prepared i.e. within 12 months. When ordering a PSR Where the court is minded to ask for a report from probation, the bench is asked to complete the standard national sentencing form. The form indicates the seriousness of the offence and the purpose/s of sentencing, e.g. rehabilitation or punishment. This enables the report writer to focus the report and the recommendation on the court s view of the case. The report writer should raise any factors they think are relevant to the attention of the court, even if they do not obviously fit in with the court s indications. Occasionally, the court senior probation officer will apply professional moderation to the report process. This gives the Trust the authority to consider individual circumstances and the risk profile of each defendant. It may result in a different report format being prepared. This may occur when details of significant risk are encountered during the preparation of an Oral Report and it is moderated to a written report. In other circumstances a requested written report may be delivered as an Oral Report. London Probation Trust 7

8 The Community Order and its Requirements What is it? The Criminal Justice Act 2003 provides for a single Community Order and has been amended by the Legal Aid, Sentencing and Punishment of Offenders Act Courts are able to choose between 13 requirements to make up a bespoke order, the longest requirement representing the total duration. The same requirements are also available as part of a Suspended Sentence Order, but a key difference is that a Suspended sentence Order can stand alone, without a requirement. How does it work? The majority of provisions under the Legal Aid, Sentencing and Punishment of Offenders Act came into force on 3 December 2012 and applies to sentencing after that date. Community Orders are restricted to imprisonable offences. Each order must contain at least one of the 13 requirements. The order can run for up to three years. There is no minimum duration, but some of the requirements have a minimum number of hours that must be imposed. An assessment of suitability will identify a certain period as necessary in order to complete the tasks agreed with the offender. Once the final requirement is complete, the Order will come to an end. The 13 requirements are: Activity Attendance Centre Alcohol Treatment Curfew Drug Rehabilitation Exclusion Foreign Travel Prohibition Mental Health Treatment Programmes Prohibited Activity Residence Supervision Unpaid Work A fourteenth possible requirement, Alcohol Abstinence, is to be piloted in It is not intended for alcohol dependent offenders. London Probation Trust 8

9 Deciding on the requirements Requirements may be combined subject to: Compatibility of requirements Suitability for the offender The offender s religious beliefs or times of work and education not being compromised The overall restriction on liberty or punitive content being commensurate with the seriousness of the offending (that is, the seriousness of the current offence/s and any recent and relevant previous convictions). Advice on suitable combinations of requirements, and the availability of electronic monitoring to secure compliance, will be provided by the Probation Service. The sentencing proposal will reflect the court s initial indication as to low, medium or high seriousness. The Sentencing Council Guidelines indicate the number and type of requirements that may be appropriate for different seriousness levels. For low seriousness cases they say that in most cases only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary. The following descriptions of the 13 requirements include suggestions for duration at the different seriousness levels. This is the Probation Service interpretation of what could be included and is based, where available, on the Sentencing Council Guidelines. The descriptions also include suggested main purposes. Courts will wish to make their own judgment on a case-by-case basis. It is expected that a court will indicate its initial purpose of sentencing from the statutory list below, which the Trust proposal will also reflect: London Probation Trust 9

10 The punishment of offenders The reduction of crime (including its reduction by deterrence) The reform and rehabilitation of offenders The protection of the public The making of reparation by offenders to persons affected by their offence. London Probation Trust 10

11 Suspended Sentence Order Main Purpose Punishment and rehabilitation (depending on requirement(s) imposed). What is it? A sentence of up to two years imprisonment (or not more than six months if imposed by a magistrates court) may be suspended for between six months and two years. The Court can impose a stand-alone Suspended Sentence Order with no requirement, or select from the same 13 requirements available for the Community Order. If the offender complies with the requirements during the period of supervision and does not commit another offence during the specified operational period, the sentence of imprisonment will not take effect. The Sentencing Council Guideline says: Because of the very clear deterrent threat involved in a suspended sentence, requirements imposed as part of that sentence should generally be less onerous than those imposed as part of a community sentence. A court wishing to impose onerous or intensive requirements on an offender should reconsider its decision to suspend sentence and consider whether a community sentence might be more appropriate. 2 2 Sentencing Council Guidelines New Sentences: Criminal Justice Act 2003 (December 2004) p25 London Probation Trust 11

12 How does it work? A breach would result in a return to court for all or part of the original custodial sentence to be imposed or, in some cases, the Suspended Sentence Order to be continued but with the requirements made more onerous. In exceptional cases it is open to the court to take no action, although the presumption of custodial activation (in full or in part) remains. In reaching a decision, the court must take into account both the extent to which the offender has complied with the requirements and the facts of (any) new offence. London Probation Trust 12

13 Activity Requirement (also known as Specified Activity Requirement SAR) Main purposes Rehabilitation and reparation. What is it? A package of possibly wide-ranging activities, from day centre attendance to education and basic skills assessment and training, to reparation to victims or persons affected by the offending. A range of specified activities available from London Probation Trust at the time of writing are available in Appendix B. Usefully supported by A Supervision Requirement may be appropriate to provide additional support to medium to high seriousness cases. A Curfew Requirement may also be recommended for medium or high seriousness cases where additional punishment is considered appropriate. Further information required? The court must be satisfied that compliance is feasible. An Activity Requirement cannot be made without the consent of any person whose co-operation is necessary for compliance. The consent of the offender is not necessary. Seriousness levels Medium: 20 to 30 days High: up to the maximum 60 days London Probation Trust 13

14 Alcohol Treatment Requirement Main purpose Rehabilitation. What is it? Whilst there is no minimum term to this requirement, a period will be proposed to facilitate treatment intended to reduce or eliminate alcohol dependency. A qualified or experienced person to deliver treatment must be specified. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support, and in most cases is recommended by London Probation Trust due to the link between alcohol misuse and violent offending. The length of this requirement will usually determine the length of the order. Further information required? The court must be satisfied that: The offender is dependent on alcohol, and requires and may be susceptible to treatment The offender is willing to comply Treatment can be arranged. Seriousness levels A specialist assessor will recommend the treatment required to meet the needs of the offender. London Probation Trust recommends Alcohol Treatment Requirements are proposed for six months, in line with alcohol treatment programme availability. Additional requirements may be added to reflect the London Probation Trust 14

15 seriousness of the offence. Offenders will be encouraged to continue in treatment beyond the enforceable period where appropriate. London Probation Trust 15

16 Attendance Centre Requirement Main purpose Punishment of low-to-medium risk offenders Diversion from custody Reducing reoffending. What is it? The Attendance Centre Requirement is available for 18-to-24 year olds only 3. The offender must attend an attendance centre for hours, with a maximum of three hours per attendance and one attendance per day. Although the main purpose of the Attendance Centre Requirement is punishment, additional objectives for the instruction and activities facilitated by the Attendance Centre staff are designed to improve the offender s lifestyle and attitudes; and to assist in diversion from reoffending. The emphasis on attitudes, thinking and behaviour is also intended to encourage compliance with any other requirements in a multi-requirement Community Order. 3 Junior Attendance Centres are available for youths aged 17 and under managed by Youth Offending Teams. While 16 and 17 year olds can attend Senior Attendance Centres at the sentencer's discretion, London Probation Trust does not make provision for under 18s in its Senior Attendance Centre facilities. London Probation Trust 16

17 In London, Senior Attendance Centres for male offenders take place fortnightly on a Saturday. The current five locations where these centres are delivered across London are: Croydon, Greenwich, Mill Hill, Stratford and Hounslow. London Probation Trust also run three Senior Attendance Centres in Camden, Lewisham (currently under review) and Ealing specifically designed to address the criminogenic needs of women offenders. The Women s Senior Attendance Centre is a unique provision and the first of its kind in the country. For more details, see the Women Offenders section on page 44. Usefully supported by Attendance at a Senior Attendance Centre can be enforced as a standalone requirement or be combined with any other requirement outlined in the Criminal Justice Act Attendance Centre participation can be a requirement in either a suspended sentence or Community Order. Attendance Centre requirements can be recommended in order to provide: A standalone punishment for lower seriousness level offences A means of making an Order for more onerous as a sanction for breach An appropriate feature within a multi-requirement order. London Probation Trust 17

18 Senior Attendance Centre (SAC) locations Centre Name Address Boroughs Greenwich SAC The John Roan School Westcombe Park Road Blackheath London SE3 7QR Southwark, Bexley, Greenwich Croydon SAC Hounslow SAC Mill Hill SAC Stratford SAC Bensham Manor School Ecclesbourne Road Thornton Heath Surrey CR7 7BR Lampton School Lampton Avenue Hounslow Middlesex TW3 4EP County School Worcester Crescent Mill Hill London NW7 4LL Park Primary School Matthews Park Avenue Stratford London E15 4AE Croydon, Merton, Sutton, Wandsworth, Lambeth, Bromley, Lewisham Hounslow, Hillingdon, Ealing, Kingston, Richmond, Hammersmith & Fulham, Westminster Brent, Barnet, Haringey, Enfield, Camden, Islington, Kensington & Chelsea, Harrow City, Hackney, Tower Hamlets, Waltham Forest, Redbridge, Barking & Dagenham, Havering, Newham Women s Senior Attendance Centre (WSAC) locations Centre Name Address Boroughs Camden Women s Centre Boroughs which enable arrival Camden 199 Arlington Road at the WSAC location within SAC London NW1 7HA 90 minutes of travel Lewisham SAC (currently under review) Ealing SAC Lewisham Probation Office 208 Lewisham High Street London SE13 6JP Ealing Probation Office Leeland House Leeland Road London W13 9HH Boroughs which enable arrival at the WSAC location within 90 minutes of travel Boroughs which enable arrival at the WSAC location within 90 minutes of travel For more information or to request a visit to a Senior Attendance Centre, please [email protected]. London Probation Trust 18

19 Eligibility and appropriateness Offenders sentenced to a Suspended Sentence Order or Community Order with an Attendance Centre Requirement must fall within the age range of 18-to-24 years. The court must be satisfied a centre is available and accessible to the offender within 90 minutes of travel. The offender does not pose a risk of serious harm to the public. The offender is able to function in a group setting. The offenders Offender Group Reconviction Scale should normally not exceed 49. Seriousness levels Senior Attendance Centres are appropriate for low-to-medium risk offenders (offenders assessed as tiers one and two). Some higher risk offenders may be suitable for consideration subject to a supporting assessment. Number of hours and attendance requirements Offenders can be sentenced to hours and should be instructed to attend the centre according to the frequency with which the facility operates. The offender is not to be expected to complete more than three hours of activity on any one attendance and should not be instructed to attend more than once on any given day. The centre operates every fortnight. London Probation Trust 19

20 Guide for Community Order lengths 12 hours: 3 months 24 hours: 5 months 30 hours: 6 months 26 hours: 7 months London Probation Trust 20

21 Curfew Requirement Main purposes Punishment and protection. What is it? The offender must remain at a specified place for between two and 16 hours a day and this can last for up to a period of 12 months. The curfew can be at different places and/or different periods on different days. The court must impose electronic monitoring (tagging) unless the necessary consent (for instance a landlord s consent) has not been given, or the court considers it inappropriate, due to the effect on others residing in the property. Curfew will be targeted at those offenders most at risk of custody, but can often be a suitable sentence following breach of another Community Order where revoking and re-sentencing is proposed or to make the overall order more onerous after breach. A curfew may be particularly appropriate as a means of preventing further crime at the time of day covered by the curfew (e.g. alcohol related offences in the evening), or on a weekend, but it is not restricted to that purpose and may also be suitable more generally as a punishment. Usefully supported by Can be used to support other requirements for medium or high risk offenders e.g. in addition to a programme, or where greater punishment is required, or as part of a package where offenders are at risk of receiving an immediate prison sentence. Further information required? The court must obtain and consider information about the place of curfew, including information about the attitude of persons likely to be affected by the London Probation Trust 21

22 enforced presence of the offender. This may be achieved by requesting a Pre Sentence Report for preparation on the day. In particular, curfew will not be recommended where there is evidence of domestic violence or child protection issues. A landline is not required for electronic monitoring. Seriousness levels Low: up to two months Medium: two to three months High: four to twelve months The number of hours an offender is sentenced to each day/week will also depend on the seriousness of the offence. London Probation Trust 22

23 Drug Rehabilitation Requirement Main purpose Rehabilitation. What is it? This requirement has no minimum length but a period will be proposed to enable a reduction or elimination of a dependency or propensity to misuse drugs. Monitoring is supported by regular drug testing. Progress reviews by the court at intervals of not less than one month are optional for requirements of up to 12 months and are mandatory over 12 months. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support, and is recommended in the National Offender Management Service (NOMS) updated guidance (2012) on Drug Rehabilitation Requirements. The term of the supervision requirement will represent the length of the order. Further information required? Drug Rehabilitation Requirements cannot be imposed unless the Probation Service together with a specialist drug treatment assessor has recommended it as suitable for the offender and the offender is willing to comply. The court must also be satisfied that: The offender is dependent on, or has a propensity to misuse drugs, and their drug use is susceptible to treatment Treatment is available and can be arranged The offender is willing to comply London Probation Trust 23

24 Seriousness levels The treatment intensity is linked to treatment need, as stated by the specialist Drug Rehabilitation Requirement assessor. In most cases, a Drug Rehabilitation Requirement alongside a Supervision Requirement will suffice, but other requirements, such as a curfew, may be proposed to reflect the seriousness of the offence. Offenders will be encouraged to continue in treatment beyond the enforceable period where appropriate. Requirements can vary up to three years but generally a six month Drug Rehabilitation Requirement with a longer Supervision Requirement is recommended. London Probation Trust 24

25 Exclusion Requirement Main purposes Punishment and protection. What is it? The offender may not enter a specified place or places for a period of up to two years. The exclusion can be limited to particular periods specified and at different places for different periods or days. Electronic monitoring for Exclusion Requirements is not available in London at the time of publication (April 2013). Usefully supported by A Curfew Requirement where the offender is medium-to-high risk and greater punishment is required. Seriousness levels Low: a few months Medium: about six months High: about 12 months London Probation Trust 25

26 Mental Health Treatment Requirement Main purpose Rehabilitation. What is it? Under Section 207 of the Criminal Justice Act 2003, a Mental Health Treatment Requirement provides for an offender to undergo mental health treatment under the direction of a named medical practitioner. It is the responsibility of the medical practitioner to report any non-compliance to the supervising probation officer. Treatment may be carried out in an in-patient or out-patient setting, but the type and nature of such treatment need not be specified by the Court. However, the sole aim of the requirement is to improve the mental condition of the offender. The Mental Health Treatment Requirement can be used in relation to any mental health issue including personality disorder. The type of treatment and degree of intervention will vary according to medical necessity. An offender s noncompliance with the taking of medication should be considered by the supervising officer, with a view to returning the order to court. Usefully supported by A Supervision Requirement is appropriate to provide additional support, particularly in medium to high seriousness cases, except where treatment is residential. Further information required? The court must be satisfied that: On the written or oral evidence of a registered medical practitioner (a Consultant Psychiatrist, Chartered Psychologist or Community Psychiatric London Probation Trust 26

27 Nurse) the mental condition of the offender is such as requires and may be susceptible to treatment, but does not warrant the making of a Hospital or Guardianship Order. The offender is willing to comply with the identified treatment Arrangements are in place for the offender to receive treatment as specified in the order There is a named clinician agreeing to be specified in the order The duration of the requirement must be stated in the order A specialist report from a medical practitioner suitable to carry out an assessment is usually required. Medical practitioners are not legally or contractually obliged to prepare a report and so the court should first seek the guidance of the duty probation officer. Seriousness levels Low: a few months Medium: about six months High: about 12 months London Probation Trust 27

28 Programme Requirement Main purpose Rehabilitation. What is it? A group work or individual programme accredited and designed to address attitudes and behaviour that contribute to offending. Programmes fall in to four categories: 1. General offending 2. Violence 3. Sexual offending 4. Domestic abuse See Appendices B and C for details of all Specified Activity Requirements and programmes available from London Probation Trust. Usefully supported by A Supervision Requirement is usually necessary to provide additional support, and enable completion of pre and post group work. Further information required? The Court can include a programme requirement if recommended by the Probation Service. Whilst a particular programme may be identified in the presentence report, there is no need to specify it in the making of the order. The duration of this requirement should be expressed in days. London Probation Trust 28

29 Seriousness levels Medium to high. London Probation Trust 29

30 Prohibited Activity Requirement Main purposes Punishment and protection. What is it? The offender must refrain from participating in activities on a particular day or days or during a period of up to three years. Examples include prohibition from: Entering any licensed premises Attending any football match Communicating with any minor without the approval of the responsible officer. Usefully supported by A Curfew or Attendance Centre Requirement may provide additional support if required, or greater punishment. Further information required? The court must consult the Probation Service before including such a Requirement in an order. Seriousness levels Low, medium and high London Probation Trust 30

31 Foreign Travel Prohibition Requirement Main purpose Protection What is it? The Court can impose a prohibition on foreign travel, prohibiting the offender from travelling to a country or countries (or territory or territories) outside the British Islands (the United Kingdom, the Channel Islands and the Isle of Man). Further Information required? This requirement is not intended as a punishment, but to have a significant impact on the likelihood of re-offending. Therefore, an assessment of suitability would consider the risk of reoffending and the harm caused, in countries outside the United Kingdom. Seriousness levels Medium or high. London Probation Trust 31

32 Residence Requirement Main purposes Rehabilitation and protection. What is it? The offender must reside at the place specified, either an Approved Premises (probation hostel) or private address. This is for high or very high risk offenders. Usefully supported by A Supervision Requirement will usually be appropriate to provide additional support and contact after moving to next-stage accommodation. Residence at an Approved Premises automatically includes a supervised curfew. Offenders residing at one of London Probation Trust s Approved Premises will be required to undertake a minimum of 15 hours of purposeful activity each week. Activities are designed to be restrictive and constructive, and will support public protection and the reduction of reoffending. Approved Premises staff work closely with the offender manager to design the individual s programme to achieve a successful residency outcome. Further information required? The court would need to ask for an assessment of suitability before an offender manager can recommend an Approved Premises. Residence in an Approved Premises or institution must be proposed by the Probation Service. The court must consider the current home circumstances (if any) of the offender, and the suitability of the proposed address. London Probation Trust 32

33 Seriousness levels High or very high (up to 36 months) London Probation Trust 33

34 Supervision Requirement Main purpose Rehabilitation. What is it? Requires the offender to attend regular appointments with the responsible officer or another person determined by the officer to promote rehabilitation. There is no minimum length. During the period of supervision, the Probation Service will undertake work with the offender to change attitudes and behaviour, for example: Deliver pre-programme work, monitor and review patterns of behaviour Increase motivation Provide support to increase compliance with other relevant requirements Support and reinforce learning Deliver individual counselling Post work for accredited programmes. The offender manager may also provide sign-posting to agencies for help with housing, health, financial management and other social issues. Usefully supported by A Programme Requirement and any of the three treatment requirements may be appropriate where supervision can provide initial motivational work and support. In some cases it may be used appropriately to support activity requirements. London Probation Trust 34

35 Further information required? A Pre Sentence Report should be considered. Seriousness levels Low: up to 12 months Medium: 12 to 18 months High: 12 to 36 months London Probation Trust 35

36 Unpaid Work Requirement Main purposes Punishment, reparation and rehabilitation. What is it? It is a requirement on the offender to work unpaid on a Community Payback project for a total number of hours as specified by the court. The number of hours must be specified between 40 and 300 and must be performed within 12 months (unless the court extends the order). Unpaid Work is usually more effective for offenders who do not have complex needs. Community Payback sessions are normally at least seven hours per day. A wide variety of placements are available seven days a week, including individual and workshop placements. An offender s individual needs, for example employment, disability or medical requirements, are fully considered as part of placement decisions. This may influence the number of days worked in the week, together with their duration. When making recommendations in respect of sentencing offenders in breach of unpaid work requirements, London Probation Trust will bear in mind that additional unpaid work may not be successful. A curfew requirement may be more appropriate as an additional punishment. Further information required? The court must be satisfied that the offender is suitable, likely to complete the requirement and available to perform work. This will be assessed by the Probation Service in a Pre Sentence Report. London Probation Trust 36

37 Seriousness levels Low: 40 to 80 hours Medium: 80 to 150 hours High: 150 to 300 hours London Probation Trust 37

38 Breach of a Community Order Following an admitted or proven breach of a Community Order the court must either: Impose a fine not exceeding 2,500 Amend the order to make it more onerous, for example by adding a Requirement or by extending the duration of an existing requirement Revoke the order and re-sentence the offender as if he or she had just been convicted. In the event of the court being satisfied of a wilful and persistent refusal to comply, a custodial sentence, irrespective of whether the original offence warranted custody. Taking no action on a breach is not an option for the court. Where the order was made by the Crown Court (and that court directed that failures to comply should be dealt with by the Magistrates Court) the Magistrates Court dealing with the breach may instead remand the offender in custody or release him on bail to appear before the Crown Court. Where the Crown Court reserved any breach, the offender will appear directly at the Crown Court. The same powers on breach are available to the Crown Court. Curfew can be used as a straight punishment, also unpaid work (Community Payback) between hours. London Probation Trust 38

39 Court Bail Information Scheme London Probation Trust runs Court Bail Information Schemes across Magistrates Courts in London. Delivered by a member of the Probation Court team, we offer targeted bail services to defendants denied bail by the police and produced in court from custody. The service identifies objection to bail on any individual case, and then works to provide a bail package to address these concerns. This may allow the court to consider granting bail with conditions. The schemes work with Bail Accommodation Support Services (BASS) run by Stonham Housing (see page 36). They also work to develop bail packages that aim to address wider areas of concern that Sentences may consider when making bail decisions. The role of the Bail Information Officer Bail Information Officers will make any necessary checks to verify facts from checking addresses and speaking to the householders involved, to setting up contact with drug agencies. When necessary, they will also liaise with any relevant professionals who may be able to provide information about the person and their contact or involvement with them. Bail Information Report Once facts fare verified, and any necessary support put in place, the Bail Information Officer will deliver a Bail Information report to the court either written or verbally. The report states to what extent information has been verified. It may provide a range of possible alternatives to a remand in custody for the court to consider. Unlike a Pre Sentence Report, it will not provide formal assessment. It could however, provide professional opinions gained through enquiries. London Probation Trust 39

40 Bail Accommodation and Support Services The Bail Accommodation and Support Service (BASS) has been developed by NOMS to prevent defendants entering custody or remaining in custody any longer than is necessary for reasons which could be resolved through the provision of suitable and supported accommodation. London Probation Trust provides Bail Information Reports in courts upon request from the court or a defence lawyer. These reports may include a BASS referral. What is BASS? BASS can provide temporary accommodation together with support, or it can provide support only for defendants who are able to live in their own homes. The provision lasts for the length of the bail period plus seven days. The service is managed on behalf of NOMS by Stonham, the care and support division of Home Group, one of the country s largest housing associations. What can the defendant expect to receive through BASS? BASS accommodation is available throughout London. Housing is based on shared, single-gender houses, with up to four residents. Visiting support from a designated support officer, which is also available for defendants who already have accommodation, is designed to help a defendant to: Adhere to bail conditions Desist from reoffending Access benefits and medical services Keep appointments Apply for jobs, education or training London Probation Trust 40

41 Improve life skills Develop an action plan Find move-on accommodation Rebuild family contacts. One support session a week is mandatory and further enforceable sessions can be ordered by the court. Additional sessions will be provided by Stonham to address individual needs. This support is not statutory supervision. Formal supervision would be undertaken by the offender manager if there is one in place, otherwise bail conditions are managed by the police. Bail conditions Placement with BASS is intended to support conditional bail granted by the court. A service user can be subject to any conditions imposed by the court, including electronic tagging. Once a defendant has been assessed as suitable for placement by the BASS provider, a proposal will be given to the Bench. It is suggested that the following bail condition wordings are used: To live and sleep at [address] and to comply with the conditions of BASS. Plus, in appropriate cases To receive additional support provided through the BASS Enhanced Women s Service. The conditions of BASS referred to in this bail wording are those rules of the service the breach of which will amount to a breach of bail and will result in London Probation Trust 41

42 Stonham initiating formal breach action with the police. These conditions are limited to: A requirement to attend mandatory contact sessions which will be one a week unless the court has required more. A failure to attend one session without good reason will incur a warning. A failure to attend two sessions within any period of 21 days will result in breach. Payment of rent. If arrears become excessive Stonham will withdraw the accommodation. A requirement to comply with rules as to behaviour in the house, towards staff, other occupants and neighbours. Stonham will seek to support users in addressing behaviour but, if necessary, will withdraw the service. Stonham may also withdraw accommodation at any time for good reason, e.g. house sharing risks, and may initiate breach of the residence condition on this basis. Stonham will also initiate breach action with the police if the residence condition is breached through absconding. Breach of conditions Breach of bail conditions is dealt with wholly by the police and courts although should the nature of the breach make the defendant ineligible the BASS placement may be withdrawn. If an offender breaches Stonham s core rules they will be in breach of the court s instructions. Enhanced Women s Service BASS offers an Enhanced Women s Service for women remanded on bail. This provides additional levels of support for female defendants with multiple or high levels of need which cannot be met through the normal BASS accommodation or support-only service. London Probation Trust 42

43 It includes: Increased levels of support of up to ten hours per week with daily contact if required. Specialist support by specially trained female support workers, who understand the needs of women and can work with other voluntary, community and statutory agencies accessing drug, alcohol and mental health services, women s community projects, housing and parenting support. Support also includes specialist services negotiated for those who are sex workers or have experienced domestic violence. Multi-agency risk assessment for women with particularly high needs is undertaken with support officers taking part in planning conferences. On-going support is available to vulnerable women for up to four weeks after move on from BASS. Accommodation suitable for women, offering one or two bedroom properties, provides the option to be joined by their children where appropriate. London Probation Trust 43

44 Women Offenders The 2007 Corston Report, which reviewed provision for vulnerable women in the Criminal Justice System, demonstrated clearly that women offenders need specialist support. There are a number of women s community projects in London which provide support, and a variety of interventions aimed at reducing reoffending by women. Some of these projects are provided London-wide and these are listed. In addition, each London borough has a number of local projects and organisations which provide support to women offenders to reduce their risk of reoffending and assist with social integration. London Probation Trust has established a structure of specialist officers in each of our Local Delivery Units to enable offenders to access these services. Our staff can advise the courts on local provision. London Probation Trust 44

45 London-wide women s community projects Advance Advocacy The Minerva Project Aims To divert women from custody and out of the criminal justice system To reduce and prevent reoffending amongst women in Brent and Hammersmith Services A range of support services relating to housing advice, domestic abuse support and substance misuse. Counselling, self esteem programmes, free legal advice. Advice on parenting, managing money, life skills and healthy eating. A report can be provided to the court prior to sentencing. Suitability (all female 18 plus) Brent and Hammersmith Ex, current or prolific offenders at any stage in the criminal justice system. Women at risk of offending i.e. those experiencing homelessness, substance misuse, mental health, prostitution, poverty, unemployment, lack of skills, isolation, family offending etc. London Probation Trust 45

46 London-wide women s community projects continued Depaul UK and women@thewell Aims In partnership, these two organisations provide centre-based services, accommodation and community support to help prevent offending behaviour and enable vulnerable young women to get their lives back on track. To contribute towards a reduction of the number of women who are not serious or violent offenders who pose a risk to the public To provide services in the community for women at risk of offending and women offenders To assess needs and provide an integrated package of support across a range of areas Services Access to appropriate specialist services, including: o Housing advice, access to supported accommodation and emergency accommodation placements o Benefits advice and advocacy o Medical services (GP, mental and sexual health) o Drugs/alcohol support and detox. o Legal support o Mediation and relationship support o Therapeutic support and counselling Pro-social activities Food, laundry and shower facilities, clothes store Opportunities for training, volunteering and employment placements Suitability (all female 18 plus) Women, particularly young women aged 18-30, from across London, with a strong focus on those in Camden and Islington Services are designed for women at risk of offending and women offenders, including women: o At risk of a custodial sentence o On bail o On community orders o Released following custodial sentences London Probation Trust 46

47 London-wide women s community projects continued Trust Aims A community based women s project in Lambeth supporting women involved in or exited from prostitution and women involved in, moving on from, or at risk of involvement in the criminal justice system by providing a range of services to support positive choices. To encourage women to make informed choices and decisions about issues important to them, offering hope, new opportunities and long term support through any process of change Services Specific interventions within the criminal justice system including: Court Diversion Scheme (Camberwell Magistrates Court). We are able to write/contribute to reports prior to court for clients who have engaged with the service as well as provide support to meet the requirements of our Court Diversion Scheme (for women involved in street prostitution in Lambeth). Women s Criminal Justice Case Manager (for all women involved in prostitution and the criminal justice system) Probation Surgery Groupwork Programmes Suitability (all female 18 plus) Resident in Lambeth Fit at least one of the following: o On licence or a probation order o Current involvement in the criminal justice system o Involvement in the criminal justice system in the last six months o Released from prison in the last six months o At risk of short term sentences o Involved or exited from street prostitution London Probation Trust 47

48 London-wide women s community projects continued Jagonari Women s Community Project Aims Whitechapel-based community project supporting vulnerable women in contact with the criminal justice system, or those at risk of offending or reoffending. To provide effective, sensitive and holistic support to women with complex multiple needs ranging from mental health, substance misuse, history of sexual and domestic violence, rape and prostitution. Services Physical and psychological health care Education skills and employment Accommodation advice and support Finance, benefits and debt Children, families and relationships Drugs and alcohol Alternative therapies Mental health Cognitive behavioural therapy Support for abuse, rape and domestic violence Support for women involved in prostitution Suitability (all female 18 plus) Resident in Tower Hamlets and Hackney London Probation Trust 48

49 There are many other projects for women in London that cover different boroughs. London Probation Trust has a network for champions for women across our local delivery units who have knowledge of and links with these organisations that support women in the community. London Probation Trust has also mapped the projects across London so that all staff can view the range of resources available. Women s Senior Attendance Centre London Probation Trust runs a Senior Attendance Centre for women, the first of its kind in the country. The Women s Senior Attendance Centre is currently available at London Probation Trust s Women s Centre, Camden, Lewisham probation office (currently under review) and Ealing probation office. The Senior Attendance Centre operates every Saturday allowing a more intensive intervention with women who often have high levels of vulnerability. This also enables a fast start with a space provided on the first Saturday after sentencing. For more information about support for vulnerable people see the Mental Health section on page 26. London Probation Trust 49

50 Victims It is a statutory responsibility for all Probation Trusts to contact victims (or their relatives) of serious sexual/violent offences when the offender receives a minimum of 12 months imprisonment or certain mental health disposals. These offences are listed in Schedule 15 of Criminal Justice Act On release these offenders are subject to supervision by London Probation Trust and victims can request extra conditions in relation to themselves. Referrals to London s Victim Liaison Service (VLS) are made by probation staff in the Crown Courts and the police supply the victims addresses. The NOMS target for contacting victims is within 40 working days of sentence. VLS staff work closely with offender managers to obtain information and manage risk. At the same time the VLS aims to ensure that offender managers are sensitive to victim issues in their work with offenders. The VLS provides information to the victim at key stages in the offender s sentence such as temporary release. Staff do not provide counselling or ongoing support but referrals are made to other agencies, such as Victim Support or police community safety units to develop safety plans in cases where there is a high risk of revictimisation. The VLS provides reports on behalf of victims, if they so wish, usually after meeting with them and a copy is sent to the offender manager. Most victims want their reports to be held in confidence and they understand that their views do not influence whether or not a prisoner is to be released, only the conditions under which they are supervised. The most usual conditions victims request are for non contact and exclusion from a particular area during the supervision period. In those cases which the Parole Board assess for release, victims have the opportunity to write a separate Victim Personal Statement about the impact the offence has had on them and their concerns about release. Applications can be made for victims to attend oral hearings of the Parole Board. London Probation Trust 50

51 Appendix A: Offender Assessment System (OASys) The Offender Assessment System (OASys) was developed jointly by the Probation and Prison Services and is a national system for assessing and managing the risks and needs of an offender. It is designed to: Facilitate the assessment of the likelihood of reconviction Identify and prioritise offending relating needs Facilitate the assessment of risk of serious harm Assist with the management of risk of serious harm Facilitate sentence planning Measure change during supervision. All offender managers use OASys as their assessment tool. OASys takes into account the factors that have contributed to the offender s criminal behaviour such as employment history, living conditions and drug or alcohol abuse, and uses highly sophisticated techniques to assess the threat offenders pose to the public and the risk of reoffending. Every case for which London Probation Trust has a statutory responsibility should have an OASys Risk of Harm Screening. If the screening process suggests there are indicators of risk, the Risk of Harm Full Analysis and the Risk of Harm Summary should be completed. London Probation Trust 51

52 Appendix B: Specified Activities Available from London Probation Trust Specified Activity: Structured Supervision Programme (SSP) Specified Activity: Structured Supervision for Women (SSW) Specified Activity: One-to-One Manual for Domestic Violence Specified Activity: Structured Supervision for Anger Management (SSAM) Specified Activity: Caring Dads Specified Activity: Sexual Offending Specified Activity: Internet Sexual Offending Specified Activity: Restorative Justice These may occasionally change in line with our service delivery contract with the National Offender Management Service (NOMS). London Probation Trust 52

53 Specified Activity: Structured Supervision Programme (SSP) Programme aims The Structured Supervision Programme (SSP) is a structured, sequenced intervention for offenders who do not meet the criteria for London Probation Trust s group work programmes, e.g. the Thinking Skills Programme, including offenders whose first language is not English. The programme aims to help offenders to: Improve their problem solving and communication skills Set and achieve realistic goals for themselves Take more control of their lives by thinking before they act Increase victim awareness and empathy Develop strategies for preventing relapse into offending behaviour Link offenders with community resources for ongoing support. Gain three credits and a certificate from the Open College Network Target group Male and female offenders aged 18 upwards Medium to high risk of reoffending Low to medium risk of harm Medium to high seriousness Pattern of general offending London Probation Trust 53

54 Offenders who are not eligible for accredited group work programmes but have a pattern of general offending What does the programme involve? 12 one hour sessions delivered by the offender manager plus two to three followup sessions linking offenders to community resources. Worksheets have been translated into 15 languages to enable the programme to be delivered to offenders whose first language is not English. Legal framework During structured supervision, an offender will be under the direct supervision of a responsible officer (as defined by section 197 Criminal Justice Act 2003). The responsible officer will manage the order, and ensure that the requirement is enforced in accordance with National Standards and that the offender is returned to court in the event of a breach of the order. Therefore, contrary to other requirements, an accompanying supervision requirement is not required. However, should the risk and need be assessed as high, a supervision requirement might also be proposed. Structured supervision can be used in conjunction with other requirements, such as Curfew, or a fine [fine is not a requirement], should the court wish to make the order more onerous to reflect the seriousness of the offence. The intervention should be expressed as follows: To participate in the Structured Supervision Programme Specified Activity Requirement for 16 days under the Powers of the Criminal Justice Act 2003 Section 201. London Probation Trust 54

55 Specified Activity: Structured Supervision for Women (SSW) Structured Supervision for Women (SSW) is an intervention for women offenders who are not suitable for accredited group programmes but who need a structured intervention. SSW consists of 16 one hour sessions which are delivered by offender managers on a one-to-one basis and is a response to the Corston Report. This concluded Women and men are different. Equal treatment of men and women does not result in equal outcomes and called for prison and community based services to be more sensitive to women s needs. While there is some overlap with male risk factors linked to offending, research has shown that there are some risk factors which are more pertinent for women. As well as sessions on problem solving, assertive communication and victim awareness, the programme incorporates sessions on the following: Healthy relationships 62% of women had relationships as a risk factor compared with 40% of men. Baroness Corston also points out that relationship problems feature strongly in women s pathways to crime and coercion by men can form a route into criminal activity for some women. Emotions and behaviour 65% of women compared with 39% of men. Finances and budgeting 28% of women compared with 20% of men. Women who attend this programme will also be signposted to community organisations or Ministry of Justice funded One Stop Shops which are best placed to offer them support with ongoing problems and reduce the risk of future reoffending. Programme aims The programme aims to help women offenders to: Set realistic goals for themselves London Probation Trust 55

56 Improve their problem solving and assertiveness skills Take more control of their lives by thinking before they act, and by recognising and controlling emotions Develop healthy relationships Budget more effectively Reframe beliefs which may sabotage their goals, and develop more positive self narratives Develop strategies for preventing relapse into offending behaviour Identify ongoing issues for the remaining period of supervision Gain three credits and a certificate from the Open College Network. Target group The intervention is suitable for women who are at medium-to-high risk of reoffending and eligible for one of the accredited group work programmes but not suitable for various reasons. For example, child care commitments might make travelling to one of the group work centres difficult. Offenders must be assessed for suitability by an offender manager and a Pre Sentence Report is therefore required. Suitable offences: theft, burglary, fraud, deception, impulsive aggression, multiple driving offences. Women with substance misuse issues, learning difficulties or mental health issues are not excluded. What does the programme involve? SSW is a structured series of exercises, similar in its cognitive behavioural approached to a structured supervision programme. It is 16 sessions long and is designed to help women: London Probation Trust 56

57 Set realistic goals for themselves Improve their problem solving and assertiveness skills Take more control of their lives by thinking before they act, and by recognising and controlling emotions Develop more effectively Reframe beliefs which may sabotage their goals, and develop more positive self narratives Develop strategies for preventing relapse into offending behaviour Identify ongoing issues for the remaining period of supervision. Legal framework During the requirement, an offender will be under the direct supervision of a responsible officer (as defined by section 197 Criminal Justice Act 2003). The responsible officer will manage the order, and ensure that the requirement is enforced in accordance with National Standards, and that the offender is returned to court in the event of a breach of the order. An accompanying Supervision Requirement is not necessary, although may be proposed if the risk is assessed as higher. Other requirements can be added depending on risk factors and seriousness. The intervention should be expressed as follows: To participate in the Structured Supervision for Women Specified Activity Requirement for 16 days under the powers of the Criminal Justice Act 2003 Section 201. London Probation Trust 57

58 Specified Activity: One-to-One Manual for Domestic Violence Designed to be used with men who do not fit the suitability criteria for the Integrated Domestic Abuse Programme (IDAP) and those who are assessed as lower risk offenders. Programme aims To enable the man to identify the changes he needs to make in his abusive behaviour towards his partner, ex-partner or future partner. To recognise the affects of his abusive behaviour on children and to recognise the needs of children To enable participants to make changes and develop goals for the future To enhance skills and confidence to develop further skills To gain three credits and a certificate from the Open College Network. Target group The target group is men who have been in (or are currently in) intimate heterosexual relationships. Who is suitable? Men who are assessed as lower risk or who are not suitable for the IDAP programme. (This latter category could also be medium and high risk men). Who is not suitable? Female offenders Offenders in same sex relationships or who have assaulted siblings London Probation Trust 58

59 or parents exclusively Offenders who have also offended sexually outside of the home. What does the programme involve? The standard one-to-one manual is a series of 15 sessions designed to be delivered sequentially with men who have committed an act of domestic violence or abuse. Additional exercises maybe undertaken if necessary. The services of the London Probation Trust s Women s Safety Officers will be offered to the expartners/and or partners. Legal framework The Domestic Violence one-to-one programme should be used as a specified activity alongside a supervision requirement. Additional work may be then be undertaken by the offender manager for example, liaising with social services if there are child protection issues. Programme length Days needed to complete activity: 60 days. London Probation Trust 59

60 Specified Activity: Structured Supervision for Anger Management (SSAM) Structured Supervision for Anger Management (SSAM) is designed to be used for men who are not suitable for the Aggression Replacement Training (ART) group programme. Programme aims To reduce risk by working with offenders to explore the reasons behind their anger and develop strategies to control their anger The offender can also gain three credits and a certificate from the Open College Network. Target group Male offenders aged 18 upwards Offenders who have a previous offending history of violence but are not suitable for the ART group programme Offenders who have limited or no history of violence but have committed an offence of violence. Who is not suitable? Sex offenders Those who have committed acts of instrumental/ intimate violence only. What does the programme involve? 10 to 13 sessions. Worksheets are translated into 15 languages to enable the programme to be delivered to offenders whose first language is not English. London Probation Trust 60

61 Legal framework During structured supervision, an offender will be under the direct supervision of a responsible officer (as defined by Section 197 Criminal Justice Act 2003). The responsible officer will manage the order and ensure that the requirement is enforced in accordance with National Standards and that the offender is returned to court in the event of a breach of the order. A supervision requirement is not always required but should accompany those community orders where risk has been identified as high. Structured Supervision for Anger Management can be used in conjunction with other requirements such as a Curfew or a Fine, should the court wish to make the order more onerous to reflect the seriousness of the offence. The intervention should be expressed as follows: To participate in the Structured Supervision for Anger Management Specified Activity Requirement for up to 15 days under the powers of the Criminal Justice Act 2003 Section 201. London Probation Trust 61

62 Specified Activity: Caring Dads Programme aims Caring Dads is a 17 week group intervention programme, located within a coordinated case management approach, for men who have abused their children or their children s mother. It has a primary commitment to the safety and well being of children with an explicit recognition that children s safety and well being is inseparable from the safety of their primary care givers (most often their mothers). Caring Dads is not a domestic abuse perpetrator programme, but many of those attending have been domestically abusive. Referrals on to the programme will not be accepted unless there are arrangements in place for oversight of child safety, which will usually be achieved through social care professionals. Partner contact arrangements will be similar to those operating in IDAP. Target group The Caring Dads Programme has been developed for men who: Have physically and emotionally abused their children Are at risk of maltreating their children Have an over-bearing, controlling style of interacting with their children Alternatively are under-involved and distant with their children Have physically or emotionally abused children s mothers Have contact with their children At least one child in the family is between the ages of 0 16 years London Probation Trust 62

63 Have some motivation to address their behaviour and abide by the programmes rules and processes. Who is not suitable? Severe alcohol and/or substance misuse will mean that some men cannot benefit from the intervention Men who are a low risk of perpetrating the behaviours addressed in Caring Dads are not likely to be suitable Men who do not wish to take responsibility for their behaviour or who are not willing to acknowledge or address it A history of sexual abuse of children is likely to preclude men from the programme unless there is a clear indication of successful treatment prior to attendance If there is a current pattern of violence in the relationship, Caring Dads is not recommended as a standalone order. In cases where the violence is current and the primary victimisation is towards the mother, Caring Dads can be considered in sequence with a Domestic Violence perpetrator programme. What does the programme involve? A combination of active group discussions, exercises and work to complete between sessions. Over 17 two-hour sessions, participants on Caring Dads will address: Awareness of child-centred fathering (including children s needs and those of partners and ex-partners) Awareness of and responsibility for abusive and neglectful fathering including exposing children to abuse of their mothers London Probation Trust 63

64 Building better relationships with children Problem-solving in difficult situations. We are currently delivering in Wandsworth, Merton, Croydon, Lambeth, Islington, Tower Hamlets and Redbridge. Legal framework The Caring Dads Programme should be used as a specified activity alongside a supervision requirement due to additional work that will be undertaken by the offender manager; for example, liaising with social services if there are child protection issues. The intervention should be expressed as follows: To participate in the Caring Dads programme for up to 60 days under the powers of the Criminal Justice Act 2003 Section 201. London Probation Trust 64

65 Specified Activity: Sexual Offending Designed to be used by offenders who do not fit the suitability criteria for the Community Sexual Offending Group work Programme (C-SOGP). Programme aims To assist offenders develop an offence-free lifestyle To enable them to make changes and develop goals for the future To assist them to understand the reasons for their offending and the consequences of their offending To enhance skills and confidence to develop further skills To gain three credits and a certificate from the Open College Network. Offenders must be also assessed as having: Some motivation to undertake the work. Who is not suitable? Men whose sexual offences are exclusively against their partner Men who fit the suitability criteria for C-SOGP Men who have committed internet sex offences only. Legal framework Sexual Offending is a Specified Activity Requirement as defined by section 201 of the 2003 Criminal Justice Act. The activity is expressed in days up to a maximum of 60 days. A supervision requirement is also desirable to reinforce and support the work of the Specified Activity Requirement. London Probation Trust 65

66 Programme length Days needed to complete activity: 60 days London Probation Trust 66

67 Specified Activity: Internet Sexual Offending Designed to be used for offenders who have committed an internet sex offence only. Programme aims To assist offenders develop an offence-free lifestyle To enable them to make changes and develop goals for the future To assist them understand the reasons for their offending and the consequences of their offending To enhance skills and confidence to develop further skills To gain three credits and a certificate from the Open College Network. Offenders must be also assessed as having: Some motivation to undertake the work. Who is not suitable? Men who have committed or have been cautioned for other sex offences Men who are assessed as high risk internet sex offenders. What does the programme involve? The manual contains a minimum of 13 structured exercises. They are a mixture of offence-focused material and exercises designed to assist the offender identify the changes he wishes to make in his life and strategies and tools to help him implement those changes. London Probation Trust 67

68 Legal framework Internet Sexual Offending is a Specified Activity Requirement as defined by Section 201 of the 2003 Criminal Justice Act. The activity is expressed in days up to a maximum of 60 days. A Supervision Requirement is also desirable to reinforce and support the work of the Specified Activity Requirement. London Probation Trust 68

69 Specified Activity: Restorative Justice Programme aims The Restorative Justice Specified Activity Requirement aims to enable offenders to gain greater insight into the effect their offending have on their victims and hence generates greater victim awareness, with the ultimate goal of reducing reoffending by the individual. However, it is primarily an opportunity for victims to gain a sense of what has happened to them, to be able to articulate their thoughts, feelings and questions with the ultimate aim of their gaining healing from their crime experience and as a result obtaining a sense of closure. The SAR aims to enable victims and offenders to meet in a safe and structured setting where the discussion outlined above can take place. As a result of this meeting (the Restorative Justice Conference), agreements may be made that allow the offender to make reparation for their offending. Alternatively, or perhaps in addition, the meeting may set lifestyle goals (e.g. seek and obtain employment) for the offender to pursue. The victim will be kept informed of the offender s progress pertaining to any agreements made at the RJ conference. It is essential that participation in RJ is undertaken by all parties on a voluntary basis. Where the direct victim is unwilling to become involved, alternative work with the offender will be undertaken that will increase his/her victim awareness and this work will take the place of the RJ conference. This could include meeting victims of other crimes who will share their stories of being a victim and the damage their crime caused to them. Target group Perpetrators of offences of violence or burglary, where there is an identified victim who has suffered as the result of the offence(s). London Probation Trust 69

70 Offenders aged over 18 who have pleaded guilty to, or have accepted responsibility for their offending Offenders must not be severely dependent on drugs/ alcohol or have chronic untreatable mental health conditions that would prevent the RJ Conference proceeding as planned This SAR is not suitable for offenders who are in an ongoing relationship with their victim, and so it should not generally be used for cases of Domestic Violence, in close family disputes or gang related offending. What does the programme involve? Up to 12 sessions for the offender. The early sessions (typically three) prepare the offender for the RJ conference and seek to develop the offender s victim awareness. The next session is the actual RJ conference. The remaining sessions are used to reinforce the learning obtained from the conference, bolster increased victim awareness and identify the progress the offender has made concerning agreements made at the RJ conference. Legal framework During the requirement, the offender will be under the direct supervision of a Responsible Officer (as defined by Section 197 Criminal Justice Act 2003). The Responsible Officer will manage the requirement, and ensure that it is managed in accordance with Probation National Standards. Where non-compliance occurs, the Responsible Officer will ensure that the offender is returned to court to respond to the alleged breach of the requirement. An accompanying Supervision requirement is not essential as the RJ SAR is aimed to be managed as a discrete standalone requirement. However, it is our experience to date, that the additional support offered by supervision and a Supervising Officer does benefit the offender s response to the RJ requirement, London Probation Trust 70

71 as this provides further reinforcement to co-operate with the RJ SAR and to achieve the agreements made at the RJ conference. The intervention should be expressed as follows: To participate in the Restorative Justice Specified Activity Requirement for up to 12 days under the powers of the Criminal Justice Act 2003 Section 201. London Probation Trust 71

72 Appendix C: Programmes Available from London Probation Trust Integrated Domestic Abuse Programme (IDAP) Thinking Skills Programme Women s Programme Aggression Replacement Training (ART) Community - Sexual Offending Group work Programme (C-SOGP) Becoming New Me Building Better Relationships (BBR) Exit Programme Steer Clear Voluntary Drink Drive Rehabilitation Programme London Probation Trust 72

73 Integrated Domestic Abuse Programme (IDAP) The programme is delivered in the context of a multi-agency approach to risk management. It offers a new approach to the Integrated Domestic Abuse Programme while covering the same material. IDAP is delivered mainly through group work with some individual sessions. The model is a systemic approach to domestic abuse, with group, individual, case management and victim contact working together in an effort to secure the safety of victim and rehabilitation of offenders. This necessarily includes work with external agencies as part of a coordinated community response to domestic abuse. Programme aims For those men undertaking the IDAP programme, expected outcomes are that on completion of the programme participants will be able to: 1. Take responsibility for their use of violent and abusive behaviour in their relationships. 2. Identify the beliefs and intents that underpin their abusive and violent behaviour. 3. Acknowledge the effects of their use of abusive and violent behaviour on their partners and ex partners, children, others and themselves. 4. Take specific, positive steps to change their behaviour in relationships, using IDAP skills and strategies for non-abusive behaviour learned on the programme. Who is suitable? The target group is male offenders who: Have been assessed as medium to high risk of relationship violence London Probation Trust 73

74 Have committed at least one act of violence against an intimate partner or where there is concern that they have engaged in a course of conduct that would be described as domestically abusive Have basic literacy, language competency and comprehension skills Are willing to sign a consent form which will include the sharing of relevant information with the offender s current or previous spouse/partner Are assessed as suitable in a Pre Sentence Report. Who is not suitable? Female offenders (one-to-one work is available in such instances) Offenders in same sex relationships (one-to-one work is available in such instances) Offenders with serious mental health problems Offenders who are judged unable to meet the learning outcomes because of, for example, severe drug dependency. What does the programme involve? Contact with the victim or current partner by a Women s Safety Officer Risk management through continual assessment and information sharing with other agencies including the police A rolling programme of 22 sessions an orientation session including three individual sessions and 18 group work sessions. Programme length Up to 40 days. London Probation Trust 74

75 Thinking Skills Programme Programme aims To teach problem-solving skills and apply these skills to offending behaviour, in order to help offenders stop offending. Thinking Skills will help offenders identify and manage their risk factors, to develop personally relevant strategies and to achieve goals that support relapse prevention. Who is suitable? Male offenders who: Pose a medium to high risk of reoffending Are impulsive and/or rigid thinkers Do not think through the consequences of their actions Fail to consider the effects of their behaviour on victims or others Are assessed as suitable in a Pre Sentence Report. Who is not suitable? People whose offending is not linked to poor cognitive skills Offenders with serious mental health problems Offenders who cannot learn in a group setting Current sex offenders Domestic violence offenders. London Probation Trust 75

76 What does the programme involve? 19 sessions in total, no pre-group work Initial one-to-one session Three modules (Self Control, Problem Solving and Positive Relationships) each consisting of five group sessions and a single one-to-one session. Group sessions focus on skills to change behaviour such as problem-solving, anti-social attitudes, tackling pressures to offend, victim awareness, moral reasoning, self-management and social interaction. These are then applied to aspects of offending and situations in which they occur. The Thinking Skills Programme works on a rolling basis so offenders can join a group approximately every three to four weeks on one of the three modules. When sentencing this requirement the individual Programme should not be named. The requirement should be expressed as follows: To participate in an Accredited Programme of up to 20 days. London Probation Trust 76

77 Women s Programme Programme aims To help women to change their behaviour, to reduce the risk of reoffending, and to provide women with links to supportive community agencies Who is suitable? Women offenders: Who have a current conviction for an offence of an acquisitive nature or Where there is a pattern of previous offending motivated by financial gain or Where the current offence has an underlying motivation of an acquisitive nature Who have poor problem-solving skills Who do not think through the consequences of their actions Who are assessed as suitable for the programme in a Pre Sentence Report. Who is not suitable? Women whose offending is not linked to poor cognitive skills Women with serious mental health problems Women who cannot learn in a group setting. London Probation Trust 77

78 What does the programme involve? 31 sessions of two-and-a-half hours each. Additional work will be needed for the high risk women or those with greater need. The programme is based on motivational interviewing techniques with an emphasis on emotional management and building healthy relationships. Programme length Up to 32 days. London Probation Trust 78

79 Aggression Replacement Training (ART) Programme aims To reduce aggressive behaviour through teaching social skills, anger management techniques and improved moral reasoning. Who is suitable? Offenders, both men and women, whose convictions are a consequence, at least in part, of poor anger control leading to aggressive behaviour and that: Pose a medium to high risk of reoffending Have a conviction for assault, a public order offence or criminal damage Have a current aggressive offence and an established pattern of violent or aggressive behaviour Are assessed as suitable for the programme in a Pre Sentence Report. Who is not suitable? Current sex offenders Domestic violence offenders Offenders who commit any form of instrumental violence such as robbery or making threats to kill Offenders with severe learning difficulties People with severe mental health problems or suffering severe alcohol or drug abuse. London Probation Trust 79

80 What does the programme involve? Three structured individual pre-group sessions on risk assessment and group preparation, plus a group orientation session. 18 group work sessions. These focus on reducing violent behaviour through teaching social skills, anger management techniques and improved moral reasoning. Five post-programme individual, structured evaluation and relapse prevention sessions. Programme length Up to 20 days. London Probation Trust 80

81 Community - Sexual Offending Groupwork Programme (C-SOGP) Programme aims To reduce offending by adult male sex offenders. Who is suitable? Males over 21 years of age with an IQ above 80, convicted of any type of sexual offence apart from those with sole convictions for making, possessing or downloading indecent images of children who are also low or medium risk. Those convicted solely of possession of extreme pornography are unsuitable Offenders who are assessed as suitable in a Pre Sentence Report. An adapted programme, Becoming New Me, is available for offenders with an I.Q. below 80. Who is not suitable? Female sexual offenders Men with severe drug/alcohol misuse behaviour Men with current mental health problems Men assessed as psychopathic Men who are antagonistic to undertaking treatment Absolute deniers: for example, men who say they were not present at the time of the offence. London Probation Trust 81

82 What does the programme involve? A 50-hour Induction module. Depending upon further risk assessment, some men assessed as low risk then go directly to a 37.5-hour Community Better Lives and Relapse Prevention Programme. Most men complete the Induction module, and depending upon further risk assessment, then undertake relevant treatment modules. The five modules are: Relationships and Attachment Styles, Self-Management and Interpersonal Skills, The Role of Fantasy in Offending, Victim Empathy and Community Better Lives and Relapse Prevention. The full programme takes approximately 178 hours to complete. Programme length Up to 70 days. London Probation Trust 82

83 Becoming New Me Programme aims Becoming New Me is an accredited group programme specifically designed for men convicted of sexual offences who are intellectually disabled with an I.Q. between 65 and 80. It uses a range of methods to engage and treat offenders so that they understand more about the risk factors that contributed to their offending. Offenders participating in the programme learn and practice a range of skills to manage their risk of reoffending and to improve their overall level of social functioning. The programme name reflects one of the models used on the programme; Old Me (thoughts, feelings and behaviour at the time of offending) and New Me (pro-social thoughts, feelings and behaviour). The programme aims to strengthen New Me skills so that Old Me can be better managed. Symbols, drawings, active exercises such as skills practice and role play are used throughout the programme and learning is broken down into small steps and reinforced by frequent practice and repetition. Suitability In some cases at the point of sentencing there is information available about whether an offender has an intellectual disability and meets the criteria for Becoming New Me. In other cases this has to be assessed post sentence. Provided the offender is considered suitable for a programme requirement to attend an accredited sexual offending programme, the specific programme, either the main Community Sexual Offending Group work Programme or Becoming New Me can be determined post- sentence. Availability Becoming New Me is available in some prisons and a few probation trusts. London Probation Trust introduced the programme in March London Probation Trust 83

84 What does the programme involve? It runs twice weekly during the day in central London. A session lasts two-and-ahalf hours and it takes a group of eight men approximately 89 sessions to complete the programme. Legal framework Programme Requirement Supervision Requirement The programme requirement should state to attend for up to 100 days and the supervision requirement should be for a minimum of two years. London Probation Trust 84

85 Building Better Relationships (BBR) Building Better Relationships (BBR) is a new provisionally accredited national group-work programme which is being piloted in selected areas of London instead of IDAP. BBR is designed to reduce re-offending by adult male offenders convicted of intimate partner violence. The programme has a strong theoretical base, taking into account recent developments in thinking and research in relation to violence and aggression within relationships. Like IDAP, BBR requires cooperation between the agencies concerned with domestic violence and prioritises the safety of women and children. It is delivered within the Multi-Agency Public Protection Arrangements (MAPPA) and the Multi- Agency Risk Assessment Conference (MARAC). Women s Safety Officers are employed to contact the partners or ex-partners of men on the programme who are victims of the index offence and provide them with advice and support. Who is it suitable for? BBR is intended for male perpetrators convicted of an intimate partner violence related offence against a female partner and who present a moderate or higher likelihood of committing future intimate partner violence offences assessed using the Spousal Assault Risk Assessment. Men whose index offence is not intimate partner violence-related can be referred to BBR if they are also assessed as being high risk using the Spousal Assault Risk Assessment and meet all other risk criteria. Men in denial of their current offence can be referred if they have a history of unconvicted or convicted intimate partner violence which they acknowledge and is similar to the current offence. There are general exclusions where a person has little or no English language skills, if they refuse to undertake the programme or they have unstabilised mental London Probation Trust 85

86 illness or current acute substance misuse. Men can also be excluded if they refuse to sign the Statement of Understanding or refuse to commit to the Conditions of Success. BBR can be a Requirement of a Community Order or Suspended Sentence Order. It must be accompanied by a Supervision Requirement. As this is a lengthy programme, a two-year order is strongly recommended. The wording of the order should be To attend the accredited intimate partner violence programme, Building Better Relationships. What does the programme involve? The programme consists of 29 sessions, comprised of 24 group sessions, two pre programme one-to-one sessions with programme facilitators and three oneto-one review sessions. The four BBR modules of the programme are: Foundation Module My Thinking My Emotions My Relationships. It is intended that men will attend two group sessions each week. How is attendance enforced? Service users must attend all sessions. Unacceptable absences are dealt with according to National Standards and may result in the service user being returned to court or prison. London Probation Trust 86

87 Where is Building Better Relationships available? Pilot BBR groups will initially be run at Camden House in north London and Great Dover Street in south London. Programme length Up to 40 days. London Probation Trust 87

88 Exit Programme An Intensive Alternative to Custody for Young Adult Offenders Aged What is the Exit Programme? The Exit Programme is a Community Order which is managed on an intensive basis. It will either be a Community Order or used as part of a Suspended Sentence Order, which will comprise of a minimum of three court requirements. The order is aimed at young men aged years resident in Greenwich, Hackney, Croydon and Lewisham who have committed offences that put them at risk of custody or whose likelihood of reoffending is high. The project aims to reduce offending behaviour and enable young people to: Take more responsibility for their actions Gain greater control over their lives Work towards living independently without involvement in criminality. Research of similar projects elsewhere in England and Wales have already shown promising results in terms of improved compliance and reduced offending amongst young adults who have successfully completed these orders. What does the programme consist of? The programme has a minimum of three mandatory requirements which must include at least one punishment and one rehabilitation requirement. Punishment The young person will engage in activities, such as Intensive Unpaid Work, Attendance Centre orders, which will serve as a real punishment and provide an opportunity for the offender to make reparation to the community. Each offender made subject to the programme will undertake a minimum of 15 hours of Unpaid Work per week where Unpaid Work is one of the order requirements. London Probation Trust 88

89 Control The young person s liberty can be restricted by the use of a curfew requirement where considered appropriate in reducing the likelihood of reoffending. Rehabilitation The young person will be made subject to a supervision requirement which will include a constructive intervention to address their offending behaviour. This could include a programme, a Specified Activity requirement and/ or referral to community organisations aimed at promoting offender rehabilitation. All offenders subject to the programme will be referred to agencies providing specialist employment or skills training. Trained mentors will be allocated on an individual basis to assist the offender by supporting them to complete their Exit order. The conditions of the Exit Programme will be tailored to the individual needs of the offender and will be proposed in the Pre Sentence Report. Who is eligible? year old males who have committed offences that put them at substantial risk of receiving a custodial sentence are eligible. Alternatively, young men of this age group who have a high likelihood of reoffending or who present a high risk of harm to others can also be assessed as suitable. This programme is not suitable for female offenders, male offenders aged 26 or older or young adult men where custody is not a likely sentencing disposal. How are orders made? The Offender Manager will assess an individual s suitability to complete the Exit programme. Where suitable, a recommendation for the specific requirements of the community order / Suspended Sentence Order will be made in the pre- London Probation Trust 89

90 sentence report. In all cases mentoring arrangements will be provided from the point of sentence. Given the intensity of the programme there will be consistent robust monitoring of compliance. Any non compliance will be addressed immediately with the case being promptly returned to court for resentence. Courts will be invited to hold review meetings for offenders subject to the Exit Programme. Attendance from the offender at these meetings will be mandatory. London Probation Trust 90

91 Steer Clear Voluntary Drink Drive Rehabilitation Programme Steer Clear is the brand name for London Probation Trust s Drink Drive Rehabilitation Course. It has been operational across London since London Probation Trust is an approved provider by the Driving Standards Agency. The Steer Clear course is a voluntary course available at a cost, to offenders convicted of drink drive offences and must be offered to offenders as part of the sentencing process. Access to a course after sentencing is not possible. In late 2011 the Driving Services Agency (DSA) opened up the Drink Drive Rehabilitation Services market and requested expression of interest across the16 UK regions. In response, in February 2012 LPT Steer Clear initiated a process of negotiation with AA DriveTech with a view to developing an approach to bid in this newly created market. On 28 March 2013 AA, Drivetech/Steer Clear was awarded the contract by the Driving Standards Agency (DSA) to deliver services across the 16 regions of the UK and Scotland. The course focuses on personal choice, the consequences of poor decision making and how this may influence risk-taking behaviour and the potential for reoffending. On successful completion and participation in an approved course, the offender also gains up to 25% reduction in their licence ban. Courses are delivered by experienced trainers in nine locations across London in the daytime, evenings, Saturdays and Sundays. Course materials are available in 18 languages including English and Welsh. AA DriveTech/Steer Clear will be delivering courses across all 16 Driving Standards Agency regions effective from June London Probation Trust 91

92 Who is suitable? Department of Transport Rehabilitation Course Sect 34 RTA 1988 (DDR) Any drink drive offender not deemed high-risk, voluntary attendance High risk offenders can be ordered to complete a programme and given the opportunity to reduce the disqualification period by referrals to drink drive rehabilitation course such as Steer Clear. Who is not suitable? High risk offenders: in breath Low risk offenders with aggravated circumstances, e.g. causing an accident or additional offences Those with a second conviction for a drink drive offence in a 10 year period Convicted offenders who fail to provide a specimen. What does the programme involve? The sessions are interactive, creating an environment where participants can discuss all aspects of their convictions, including victim awareness, risk of reoffending and relapse prevention. Drink diaries, medical facts, alcohol quizzes and a range of materials for discussion increase the participants awareness of their own drinking habits and attitude to road safety. The course uses a blend of audio-visual aids, group work teaching, skills practice, group discussions and individual work to: Course Outcomes: Improve participants knowledge of alcohol and units London Probation Trust 92

93 Understand the effects of alcohol on driving Understand how the body reacts to alcohol Develop strategies to avoid reoffending. London Probation Trust 93

94 Appendix D: Acronyms You may come across the following acronyms in your work with London Probation Trust: ACO AP ART ATR BASS BBR CP Assistant Chief Officer Approved Premises Aggression Replacement Training Alcohol Treatment Requirement Bail Accommodation and Support Services Building Better Relationships Community Payback C-SOGP Community Sex Offenders Group work Programme DRR ETE IDAP LPT MAPPA MoJ NOMS OASys OGRS OM PLC PO PSO Drug Rehabilitation Requirement Education, Training and Employment Integrated Domestic Abuse Programme London Probation Trust Multi-Agency Public Protection Arrangement Ministry of Justice National Offender Management Service Offender Assessment System Offender Group Reconviction Scale Offender Manager Probation Liaison Committee Probation Officer Probation Service Officer London Probation Trust 94

95 PSR RiC RoH SAC SC SSO SSAM SSP SSW UPW VLO VLS Pre Sentence Report Remand in Custody Risk of Harm Senior Attendance Centre Sentencing Council successor to the Sentencing Guidelines Council (SGC) Suspended Sentence Order Structured Supervision for Anger Management Structured Supervision Programme Structured Supervision for Women Unpaid Work Victim Liaison Officer Victim Liaison Service London Probation Trust 95

96 Appendix E: Communication with London Probation Trust London Probation Trust is continually seeking to improve its communication with sentencers in order to build confidence in our ability to deliver and enforce rigorous and robust community penalties. Our sentencer communication strategy encompasses various activities including seminars, DVDs, training events and written publicity. Various regular activities are outlined below: Information for Sentencers Newsletter Produced regularly with the aim of keeping all sentencers updated on the latest news and developments from London Probation Trust. These are produced electronically and sent to sentencers via the court. Probation and Courts Forum This quarterly meeting at London Probation Trust s headquarters is an opportunity for probation staff and sentencers to discuss topical issues. Membership of the forum is by invitation only, however, if you wish to find out more about the Probation and Courts Forum please contact us using the details at the back of this booklet. Probation Liaison Committees Each bench has a Probation Liaison Committee as a means to effective communication between sentencers and probation staff. Please check with your local bench chairman or legal team manager for more information on the Probation Liaison Committee in your court. London Probation Trust Sentencer Seminars London Probation Trust holds various annual events for each sentencer group. They provide an update on recent activity within Probation; as well as covering several topics of interest to promote key messages to sentencers. London Probation Trust 96

97 Sentencers Marketplace Held annually, the popular Sentencers Marketplace is an opportunity to find out about the work of London Probation Trust and partners. The event features topical and interactive briefing sessions and information stalls, and opportunities to network with colleagues. London Probation Trust 97

98 Visits to London Probation Trust At London Probation Trust we feel that in order for sentencers to understand our recommendations, it is important that they have an overview of what Probation does. We offer a range of visits and workshops throughout the year for sentencers to attend. These include induction visits for new sentencers we offer all new sentencers on commencement of their role the opportunity to visit their local Probation Office and meet with the Court Probation staff. If you are interested in finding out more about visits in your local area please speak to your Court Senior Probation Officer or [email protected]. London Probation Trust 98

99 Contact Details For queries regarding specific cases or probation matters at your court, please contact your local Court Senior Probation Officer directly. Head office address: 151 Buckingham Palace Road London SW1W 9SZ Tel: Fax: If you have any general queries, comments or feedback on our work please our dedicated account: Online Information for sentencers is regularly posted on our website, including contact numbers for all probation offices based in courts in London. for Sentencers London Probation Trust 99