T2A welcomes much, but not all, of the government’s response to the Harris Review, which has been published today.

T2A is particularly encouraged by the government’s recognition of the distinct needs of young adults aged 18-24 in the criminal justice system (p. 9), and its strong endorsement of the importance of taking account of maturity in sentencing, service design and delivery (p. 9-10).

Evidence from neuroscience and psychology shows that all young adults aged 18-24 require a distinct approach within the criminal justice system. T2A notes that the decision on the future management of young adults in custody will be decided as part of the wider prison estate reform programme, and T2A urges the government to retain and extend the age remit of a distinct provision for young adults.

Courts and probation

Significantly, the government has announced that, from early 2016, all 18-24 year olds will be subject to mandatory maturity assessments prior to sentencing and that “Pre-Sentence Reports (PSRs) completed on 18-24 year old offenders must include considerations of maturity” (p. 9) – a long-standing T2A policy proposal. T2A will soon publish an evaluation of the impact of its Practice Guide for probation professionals ‘Taking Account of Maturity’. To date, 12,000 copies of this guide have been requested by probation areas, and the evaluation has examined how it has been used to take account of maturity pre-sentence and inform sentencing decisions. T2A hopes that this guide will provide the basis for the government’s proposals on mandatory maturity assessments in PSRs. T2A is encouraged by the commitment to explore better judicial training and information on the vulnerabilities of young people.

T2A supports the government’s view (p. 8) that “What is widely known and accepted is that young adults, particularly males, are still maturing until the age of 25”. Today, T2A and the Centre for Justice Innovation (CJI) have published a feasibility study for the creation of dedicated criminal courts for young adults. In partnership with CJI, T2A is planning to develop a national network of young adult court pilots in 2016. Since 2011, maturity has been included as a factor for consideration in adult sentencing guidelines and is specified as a culpability factor in prosecution guidance. While the government has rejected the recommendation for a statutory recognition of maturity in legislation, T2A hopes that the specific needs of young adults will be considered as part of any forthcoming review of sentencing.

T2A welcomes the strong commitment by the government to police and court liaison and diversion for people with complex needs, including mental health problems and learning disabilities. T2A hopes that these services will take account of the distinct needs of young adults, and also the high levels of brain injury among young people in contact with the criminal justice system.

Custody

T2A notes that the previous government’s proposal from 2013 to abolish the sentence of Detention in a Young Offender Institution (DYOI) (which had been paused pending the Harris Review and which T2A and others firmly opposed) will now be considered alongside the government’s wider prison strategy (to be announced in 2016) (p. 10). T2A urges the government to retain a distinct approach to young adults in custody, and to extend the current distinct provision afforded by DYOI legislation from 18-20 to 18-24 year olds. HM Inspectorate of Prisons this year reported that young adults have the worst outcomes for purposeful activity in prisons. It is disappointing that the government has not made a specific commitment to improving regimes for young adults in today’s response, and we hope that they will do so as part of its wider prison reforms in 2016. While we welcome the appointment of a deputy director of custody for young adults aged 18-20, we urge the government to consider again the recommendation that a distinct unit is established in the Ministry of Justice that is responsible for young adults aged 18-24.

It is positive that the government will, in 2016, reissue the transitions protocol for the transfer of 18 year olds from youth to adult custody (p. 13). This transition is a critical time in the safety and wellbeing of young adults. T2A believes that this transition is most likely to be effective when a transfer from youth custody establishments is to specialist young adult establishment. T2A is encouraged by the commitment to ensure that families are a central component to the care and management of young people in custody. One of the current T2A Pathway projects, led by PACT, is demonstrating how this can work effectively in practice.

Distinct group of young adults

T2A is pleased that the over-representation of BAME men in the criminal justice system is recognised, and that the government is committed to supporting the work of the Baroness Young’s 2014 Review (p. 11). T2A will soon publish reports on the distinct experiences of young BAME men and young Muslim men.

T2A welcomes the government’s commitment to monitor and improve the treatment of care leavers in contact with the criminal justice system (p. 12). T2A and the Care Leavers’ Association are working together to deliver a series of local responses to this group across England, and T2A will support Lord Laming’s Review of young people in care which reports in 2016.

T2A agrees with the government that the needs of young adult women are distinct from young adult men, but disagrees that young adult women’s needs are sufficiently similar to older adult women that they do not require a distinct approach (p. 10). A new report by T2A on the distinct needs of young adult women in prison will be published in January 2016.

Next steps

T2A looks forward to working with the Ministry of Justice as it develops its plans for implementing the improvements announced today in taking account of maturity of young adults pre-sentence. T2A awaits the outcome of the government’s reviews youth justice, education in prisons and forthcoming plans for sentencing and prison reform, and hope that all of these will take account of young adults as a distinct group.

T2A was pleased to submit evidence in September to the House of Commons Justice Select Committee Inquiry on Young Adult Offenders. When the Committee reports, this will present an further important opportunity to improve the management and effective response to young adults throughout the criminal justice system.

Download a PDF of the T2A response

Disclaimer

This T2A response reflects published T2A policy positions and T2A’s submission of evidence to the Harris Review. It does not necessarily reflect the views of all individual T2A Alliance members and some members will produce their own responses. It should also be noted that this response focuses on the sections of the Harris Review and the government’s response that relate particularly to young adults.

T2A has responded to the government’s recent prison education review.

Read our response here.

In a significant development for the young adult agenda, the Ministry of Justice has announced that all young adults will receive mandatory maturity assessments as part of Pre-Sentence Reports (PSRs) to inform sentencing decisions. This has been a key T2A policy position for a number of years. 

In its submission to the Justice Select Committee Inquiry on Young Adult Offenders, the Ministry of Justice states that:

“We recognise the level of maturity in respect of young adults varies compared to older adults, as does their life experience…

Currently maturity assessments are not mandatory in a pre-sentence report (PSR), except where the young adult has drug or alcohol problems which are directly linked to the offence. PSR writers are trained in completing assessments including consideration of maturity. 

There is published guidance[15] for them to follow and Probation Instruction (PI 05/2011) is to be re-issued later this year and will make maturity assessments mandatory in respect of every young adult offender (aged 18-24).

The PI will also require PSR writers to liaise with the Youth Offender Service to ensure that information on previous supervision can be taken into account by the court.” (Extract from Sections 1 and 39, emphasis added)

Ministry of Justice’s reference above to published guidance on maturity assessments is in fact to T2A’s own ‘Taking Account of Maturity: A Practice Guide for Probation Practitioners’, developed by the University of Birmingham. This T2A guidance was made available at no charge to probation services since publication in 2013, and to date more than 13,000 copies have been disseminated.

T2A will look at the detail behind this announcement, and will seek to ensure that this positive development is implemented as effectively as possible.

Following its call for evidence, which closed in late September, all of the written submissions to the Justice Select Committee’s Inquiry on Young Adult Offenders have now been published.

An initial analysis of the submissions shows that:

• There is near-unanimous support for taking account of maturity of young adults aged 18-25 at all stages of criminal justice decision making;
• The majority of responses call for the retention of a distinct approach for young adults in custody;
• Many support T2A’s call for the sentence of Detention in a Young Offender Institution to be extended from 18-20 to 18-25;
• There is strong support for evidence on neurological development to be taken into account (that the adult brain is not fully developed until the mid-20s);
• Many call for initiatives that divert young adults away from the criminal justice system should be developed, promoted and extended nationally. 

There were 35 submissions in total, including the response from T2A (listed as Barrow Cadbury Trust) and 9 T2A Alliance members. In addition, several of the T2A Pathway delivery organistaions made submissions.

Others to submit include Maslaha, the Centre for Justice Innovation, the Restorative Justice Council and the British Psychological Society. A number of academics also submitted responses, including Professor Sir Tony Bottoms and Dr Nathan Hughes.

Statutory bodies that submitted include the Ministry of Justice, the Mayor’s Office for Policing and Crime, the Youth Justice Board, HM Inspectorate of Prisons, the Royal College of Psychiatrists and the Magistrates’ Association.

With the government “committed to further improving the treatment of female offenders and reducing the number of women in custody”[i], a new briefing has been published by Revolving Doors Agency^[ii]  and the T2A Alliance highlighting promising work already underway by police and crime commissioners at a local level.

Women’s offending has a distinct profile compared with men. Women make up just 5% of the prison population, and 81% of women entering prison have committed non-violent offences.[iv] It has long been recognised that women benefit from a distinct approach in order to reduce reoffending rates – particularly given the multiple and complex needs faced by many women offenders:[v]

• 71% of female prisoners suffer two or more mental disorders
• 70% of women entering prison require clinical detoxification
• 53% of women in prison experienced emotional, physical, or sexual abuse as a child
• More than half of women in prison report having suffered domestic violence
• Six out of ten women in prison have at least one dependent child

The briefing argues that local leadership is crucial to developing a more effective approach, and that Police and Crime Commissioners (PCCs) have an important role to play as an advocate for a women-specific approach in their area. It is the third in a series of ‘PCC spotlights’ by Revolving Doors Agency and the T2A Alliance, highlighting promising practice among police and crime commissioners (PCCs) on challenging partnership issues.[vi] Areas highlighted include:

• Northumbria – where the PCC has prioritised prevention and earlier intervention, piloting schemes such as the Voluntary Intervention Project to encourage early diversion into women-specific support (where appropriate), and targeting improved support for vulnerable women including young adults (18-24) and women who are victims of domestic and sexual abuse.

• Cumbria – where the PCC has supported Women’s Community Matters programme to provide a gender-specific programme of support for women in contact with the criminal justice system, whether as victims, offenders, or both.

• Greater Manchester – Where the PCC has worked with partners to develop a ‘whole system’ approach for women offenders as part of wider public service reform agenda in the region. Key features of the model include police triage and diversion; delivery of women-specific community orders (including via a problem solving court); and resettlement services.

Many other PCCs are also supporting targeted work to promote a more effective response to women’s offending. Key themes identified include: the importance of local women’s centres; a focus on diversion and earlier intervention; targeted support for at risk groups such as young adults and women involved in prostitution; supporting community-based alternatives to custody; and the need for strong local partnerships at a strategic level locally.

[i] See House of Commons Justice Committee (2015) Women offenders: follow-up: Government response to the Committee’s Thirteenth Report of Session 2014–15, p. 1.

[ii] Revolving Doors Agency is a charity working across England to change systems and improve services for people who face multiple and complex needs and come into repeated contact with the police and criminal justice system. Further information at www.revolving-doors.org.uk

[iii] Prison Reform Trust (2015) Why Focus on Reducing Women’s Imprisonment London: Prison Reform Trust, p 4.

[iv] See Prison Reform Trust (2014) Brighter Futures: Working together to reduce women’s offending, p. 7-8 for further statistics on the health and social care needs faced by female offenders.

[v] ‘PCC spotlights’ are being produced as part of the First Generation Project, and are available online here: . The First Generation Project aims to raise awareness of the problems faced by repeat offenders with complex needs and young adults in contact with the criminal justice system, highlighting evidence of promising practice and effective solutions, and working directly with PCCs and their staff to help implement these solutions. The project is supported by the Barrow Cadbury Trust (www.barrowcadbury.org.uk)

“A probation officer empowers you, helps you choose your path and provides an insight into the opportunities available.” (Young adult)

A new guide ‘Effective approaches with young adults: A guide for probation services’ published by Clinks and T2A, provides a range of practical suggestions on how probation practitioners can engage with young adults, deliver a tailored and effective approach, and achieve improved outcomes. Importantly, the guide draws on the experiences of both practitioners and young adults themselves.

Young adults (18-24-year-olds) constitute less than 10% of the general population but make up one third of those involved in the criminal justice system (CJS). However, this age group is also the most likely to grow out of and stay out of crime. Getting it right at this critical time is crucial to helping young adults make a successful transition to a crime-free adulthood. A young adult interviewed for the guide said:

“My probation officer needs to show an honest care of my welfare and everything going on in my life. Showing a genuine interest in my life will help me feel like they are on my side because at first it just feels like they are part of the system like the rest.”

Grace Strong, Strategic Partnership Manager of a Young Adult Project, said:  “In my experience, it is often the small things that make a big difference when working with young adults.”

In recent years there has been a growing recognition amongst professionals and policy makers in the justice system that the specific needs of young adults require a distinct approach. The practitioners interviewed for this guide said that because of the chaotic lives these young adults lead their work is often unpredictable, requiring them to adapt and respond on a daily basis. This made the flexibility of services and a person-centred approach absolutely vital to the success of any young adult project.

Clinks Director, Clive Martin said: “Most of us change when we are encouraged by people who understand and support us. This guide provides clear evidence about how a collaborative and supportive approach works best for young adults.”

Download ‘Effective approaches with young adults: A guide for probation services’ .

The Police and Crime Commissioner (PCC) for Northamptonshire, Adam Simmonds, has today launched a review to investigate the use of police stop and search powers in the county, in which 64% of stop and searches last year were of children and young adults aged 13-24.

The review will be led by Duwayne Brooks, a friend of the murdered teenager Stephen Lawrence.

Simmonds and his newly appointed Chief Constable have also agreed to strip officers’ right to stop and searcch suspects if they are deemed to have abused their stop and search powers. Eight police officers have already been subject to the full force of this new policy.

The PCC has previously been highlighted as demonstrating innovative practice in relation to policing young people in the Revolving Doors Agency and T2A project ‘First Generation’, which collates and promotes examples of good practice among the first cohort of PCCs, including innovation relating to young adults, mental health, women and BAME people.

A Police Foundation and T2A report, Policing Young Adults, previously found that the two major issues affecting young people in relation to policing were the nighttime economy and stop and search, with the latter being particularly problematic for both effective policing and community relations. In 2014, Baroness Young’s Review highlighted the disproportionate use of stop and search with young BAME men.

At the launch, Simmonds said: “If someone is stopped for no reason or inappropriately then that person is a victim. I want the restorative justice approach for cops. I want a cop to say sorry. This will make the police more accountable and give the public confidence in the police. It’s a good opportunity for cops to step up their game.”

Home secretary, Theresa May, has threatened forces with legislation if they do not stamp out abuses of their search powers.

T2A welcomes the House of Commons Justice Select Committee’s announcement that it is to undertake a major Inquiry on young adults in the criminal justice system.

http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/news-parliament-20151/young-adult-offenders-inquiry/

This may be a once in a generation opportunity for the T2A agenda to progress towards a systematic implementation. It comes at a critical time, with the convergence of several major recent developments including:

• The Harris Review on deaths of young adults in custody that called for young adults to be a distinct group and for the concept of maturity to be enshrined in law (and a forthcoming government response);
• The HMIP annual report that called for a distinct approach to young adults; and
• The government’s requirement to reduce costs and utilise evidence of what works.

It is without question that T2A and a wide range of partners have made a major contribution to these developments. T2A representatives had held a series of meetings in recent weeks with the Ministry of Justice, NOMS, the Harris Review and the Justice Select Committee, and we are delighted that T2A has helped to make the case for a substantial focus on young adults.

The deadline for the Select Committee Inquiry call for submissions of evidence is 30 September 2015 T2A will submit a substantial piece to this and will start drafting soon.

We look forward to working with you in these exciting and important months ahead. Please contact the T2A management group via Max Rutherford on [email protected] if you have questions or suggestions at this stage.

HM Inspectorate of Prisons has given a strong critique of the practice of ‘mixing’ of young adults in older adult prisons, in its Annual Report 2014-5. Commenting on the growing trend to hold young adults in prisons that have no distinct approach for the age group, Nick Hardwick and colleagues noted that:

“In prisons that had integrated adults and young adults, outcomes for the young adults were generally worse, and many prisons continued to have no strategy to manage this distinct group, whose lack of maturity was sometimes manifest in poor behaviour and thinking skills. The numbers of young adults now integrated with adults had increased, but levels of violence, use of force and segregation had grown among young adults as there was often no strategy to manage this distinct group.” (p.47)

This trend was also criticised in the recent Review by Lord Harris, which analysed a sudden rise in the number of deaths of young adults in prison.  

The HMIP report also noted that:

“NOMS data showed that the number of young adult men (aged between 18 and 20) held in custody at 31 December 2014 was 5,030, continuing the downward trend since June 2004. This continued reduction of young adults in custody was welcome. However, as we reported in 2013–14, those who remained in custody were some of the most vulnerable, troubled young adults with complex needs.”

A reduction in purposeful activity hours also particularly affected young adults:

“Young adults continued to have the least time out of cell. In our survey, only 6% said they had over 10 hours out of cell on a weekday, and 36% that they had less than two hours. We found around one-third locked up during our roll checks.”

A report published by the London Assembly Police and Crime Committee on 2 July, ‘Breaking the cycle: Reducing youth reoffending in London’, examines youth reoffending trends in the capital and makes recommendations to help support young offenders to stop committing further offences. T2A welcomes the specific recognition of the importance of the transition to adulthood in criminal justice responses to young adults moving from youth to adult services. 

Extract from Page 33:

Supporting the transition to adulthood

6.22 Young offenders need improved support at the point at which they move to be ’managed’ by adult offending services. When a young person turns 18 they are treated as adults by the criminal justice system, and the types of agencies and interventions involved will change. The majority of stakeholders that we heard from said that once a young offender turns 18, they fall off “the cliff edge” and receive far less support than they are used to.122 There are difficulties for service providers too: Working Links told us that that they were “more often unintentionally excluded from the transition process.”

6.23 Work is being progressed to address this issue. The changes made through the government’s Transforming Rehabilitation programme mean that there are changes in the way that YOTs interact with services when it comes to transition at 18. London Councils and MOPAC are working with MTCNovo, which now delivers adult probation services in London alongside the National Offender Management Service, to build up their understanding of the London commissioning and delivery landscape. In addition, MTCNovo is developing specific approaches to supporting different groups of offenders, and one of those groups will be young adults.124 We will monitor its progress in improving support and outcomes for this group of offenders, particularly in light of recent reports that suggest Community Rehabilitation Companies are tackling some early challenges around both staffing and IT systems.

The report looks at the challenges that local authorities, the police and other agencies are faced with in London today – namely, working with a hard-to-reach group of young people who need intensive supervision, whilst dealing with resources being cut.

The report makes a number of recommendations to the Mayor’s Office for Policing and Crime (MOPAC) that contribute to the upcoming revised youth reoffending strategy