The criminal justice system is failing to adequately support young adults by not offering a distinct approach that recognises their development and varying levels of maturity, finds a report published by the Transition to Adulthood (T2A) Alliance and the Howard League for Penal Reform.

The report is published only a day after a major review from Lord Harris of Haringey into the deaths of young adults in custody, which called for a radical overhaul of the way that the criminal justice system responds to the particular needs of young adults.

You can’t put a number on it draws on participation work from the Howard League, involving over 80 18-24 year-olds with experience of the criminal justice system from across England and Wales

Young people told the Howard League that everyone matures at a different rate and that maturity has little to do with age or legal status. The criminal justice system should be better at giving young people responsibility so they can grow and develop, including help with interpersonal and practical life skills

A particular concern raised by many young people was that of the so-called ‘paper self’, the identity constructed for them by the criminal justice system at a time when they are still finding out who they are. Bureaucratic assessments contained within pre-sentence reports, sentencing remarks, police records, Thinking Skills Programme (TSP) reports, hostel records or on Offenders Assessments (OASys) in prison can become the basis for all professional interaction with young people – even when such assessments contradict each other or are in effect no longer accurate because the young person is maturing within the system

The issue of transition to adulthood at 18 was raised consistently, with particular concerns around the levels of support received as children that disappear at the same time as responsibilities as adults increase. There needs to be consistent professional support to help young people navigate the criminal justice system, the law and transitions between different services.

Other recommendations echo T2A’s call for young adults to be sentenced by maturity and level of understanding rather than numerical age. If the prison system remains structured around age, then at the very least the prisons should be offering more support when young people move between under-18, 18-21 and adult prisons.

Frances Crook, Chief Executive of the Howard League for Penal Reform, said: “All too often the criminal justice system puts young people’s lives on pause, stalling their maturation and indeed preventing them from reaching responsible adulthood.

“This report shows that a better understanding of how young people mature is key to criminal justice reform with this age group. More nuanced approaches at every stage of the criminal justice system would recognise both the extraordinary resilience that these young people possess while also offering the support they need to become fully responsible adults.

Notes

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison.

1. The report was funded by the Barrow Cadbury Trust as part of the work of the Transition to Adulthood (T2A) Alliance – a broad coalition of 13 leading criminal justice, health and youth charities – working to evidence and promote the need for a distinct and effective approach to young adults (18-24 year olds) in the transition to adulthood, through the criminal justice process.

The Harris Review: Report of the Independent Review into Self-inflicted Deaths in Custody of 18-24 year olds – published today

T2A welcomes the publication of Lord Harris’ Review of Deaths of Young Adults in Custody. We are greatly encouraged by the Review’s strong recognition for the distinct needs of young adults and its call for a radical new approach to the way that young adults are managed throughout the criminal justice process.

The Review states:

“Having considered the range of evidence we have been given, and in particular having considered the 87 cases [of young adult self inflicted deaths] in detail, the Review agrees that all young adults in custody are potentially vulnerable, and all need to be given particular care….”

“…The Review concludes that, given the overwhelming evidence, it is wrong to assume that maturity will necessarily have been reached by the age of 18. The Criminal Justice System needs to recognise that young adults who are 18-24 years are still developing, and their behaviour and ability to cope with custody will depend on the level of maturity they have attained…”

“…There must be a legal recognition of the concept of ‘maturity’. As well as chronological age, maturity should be a primary consideration in making decisions relating to diversion, sentencing and, where a custodial sentence must be given, how and where a young adult (18-24) should be accommodated. The work to achieve this should be the responsibility of the Ministry of Justice, who should report on progress within 1 year of the publication of this review” (Harris Review p 106).

Over the last decade, T2A has established a irrefutable evidence base for the need to take account of a young adult’s developmental maturity and particular vulnerabilities, rather than simply their chronological age, and T2A is pleased that this position is fully endorsed by the Review.

T2A shares the Review’s fundamental concern that prisons in this country are not fit for purpose for providing meaningful rehabilitation to young adults that would ensure they leave custody to lead purposeful, crime-free lives. Instead, young adults leaving prison are the most likely group to reoffend, while far too many young adults (101 since 2007) have taken their own lives, unable to survive in the violent, under-staffed, unsafe and demeaning conditions that exist in many parts of the prison estate. This was expressed in T2A’s evidence to the Review, and also in many other T2A research reports (see in particular ‘Young Adults in Custody: The Way Forward’ 2013).

The Review wholeheartedly endorses T2A’s fundamental premise in its statement:

“The Review has been convinced by the overwhelmingly strong message we have been given that “‘maturity’ is a better guide to a young person’s transition to adulthood than their chronological age” (T2A submission, page 3). Given the current understanding of maturity and human development, and brain development in particular, we feel it no longer makes sense to expect that young adults, especially when they are distinctly vulnerable, should be sentenced as an adult solely on the basis of their age. It is worth looking at other jurisdictions to see how this complicated period is dealt with. T2A have pointed out that in Germany “the courts choose either juvenile or adult law for young adults on the basis of maturity of the individual and their distinct needs” (T2A submission, page 5). We consider that these and other practices should be examined, and that it is imperative that the concept of maturity receives statutory recognition.”

T2A is very concerned by the Review’s assessment of staffing in young adult prisons, which is found to be wholly inadequate, in terms of numbers of staff, quality of staff and training levels to meet the specific needs of 18-25 year olds. T2A agrees with the Review that: “there needs to be a radical shift in the philosophy of detention” and endorses the call that “MoJ must publish a new statement setting out that the purpose of prison”.

T2A is particularly pleased to see the Review’s specific focus given to the additional needs of the many BAME young adults, and the growing proportion of those who are care leavers. We are encouraged by proposals for a new role of a “Custody and Rehabilitation Officer (CARO)” a member of prison staff who would specifically support the rehabilitation needs of a young adult in prison through the provision of a consistent, supportive relationship closely resembles the emerging evidence of best practice in T2A’s two prison-based T2A Pathway projects (www.t2a.org.uk/pathway). The Review notes that:

“A new specialist role must be created to work specifically with all young adults in custody. The Custody and Rehabilitation Officer (CARO) will be required to take responsibility for the overall well-being of the young adult and must have a caseload of no more than fifteen or twenty prisoners, so that as a central part of the role it is possible to build and sustain a close and effective relationship with each individual prisoner. This role will be specialist and skilled, understanding developmental and maturity issues that impact on young adults, and will require competencies at least equivalent to a professional youth worker or qualified Social Worker.”

T2A also fully endorses the Review’s call for a dedicated unit in NOMS responsible for the oversight of young adults in custody, led by a senior official who is accountable for the outcomes of the young adult estate.

Focusing resources on young adults will be hugely beneficial financially and socially. As the review notes:

“Investing in this age group offers an excellent opportunity to help young adults develop the skills that will rehabilitate them effectively to reintegrate into society as mature and capable adults…Delaying action until the resource position is easier is not an option. Unless progress is made on the proposals that we have made, young people will continue to die unnecessarily in our prisons and we will continue to waste countless millions of pounds in failing to rehabilitate those who could be rehabilitated, in locking up those for whom a non-prison option would be more appropriate, and in failing to intervene early enough to prevent people from entering the criminal justice system in the first place.”

We also welcome the nuanced view the Review takes to answering the question of whether dedicated young adult establishments are preferable to mixing young adults across the adult estate. The Review’s position is broadly similar to T2A’s:

“We are inclined to agree with the HM Chief Inspector’s conclusions that “there are no simple answers to whether young adults are safer when integrated or in dedicated establishments and evidence often appears contradictory” (paragraph 41). This is a complex issue, and as such it needs a varied and nuanced solution, such that the relative maturity of the individual should be taken into account more than their chronological age. We consider that better assessment of maturity and ability to cope with the challenges of a mixed environment is needed. A new assessment tool might involve more strategic use of data already gathered through instruments such as OASys. In addition, we feel that there is a strong argument that some particularly immature or vulnerable 18 year olds need to be retained for longer in the youth estate.”

T2A is pleased that the Review’s remit extends to before and after prison. The recommendation that “When a court is considering passing any form of custodial sentence upon a young adult (18 to 24) then a full written pre-sentence report must be commissioned” is strongly endorsed, and fits directly with T2A’s 2013 guidance for probation pre-sentence report writers ‘Taking Account of Maturity’.

The Harris Review is one of the most extensive analyses of the particular needs of the young adults, and it should be widely utilised as a tremendous resource for those working with this age group, not just in criminal justice, but social care, health, education, employment and a wide range of other sectors. T2A will work to ensure the recommendations and evidence presented by the Harris Review are adopted and implemented. A further analysis by T2A with a longer response will follow soon.

The second issue of T2A E-News has been published.  You can read it here.

New official guidance produced for Wales, in partnership with NOMS Wales and the Youth Justice Board Cymru, has highlighted the vital importance of taking account of maturity in the transition process. 

It sets out for the first time how to improve the way youth offending teams and the National Probation Service work together to support young adults in the criminal justice system.

It states:

Improving transitions will produce better outcomes for young people as they are supported during a fragile time in their lives. Making improvements in the way information is shared from YOTs to probation services, adult prisons and other services will lead to more informed assessments, continuity in interventions and advances in addressing their needs. This will, in turn, have a direct effect on reducing re-offending. 

On maturity the guide states:

Since 2011 ‘lack of maturity’ has been a mitigating factor in sentencing guidelines. Young people mature at different rates and developmental maturity is a far better guide to someone’s stage in life than their chronological age, so an assessment of a young person’s maturity is a key factor in enabling successful transition between the YOT and National Probation Service. Assessment of maturity will inform the level of engagement required with the young person in the transition process. The Transition to Adulthood Alliance have produced Taking Account of Maturity: A guide for Probation Practitioners

The guide also highlights T2A’s report on how to design effective probation services for young adults, Going for Gold

With an estimated 20-40% of police time spent on mental health related incidents, a new briefing by charity Revolving Doors Agency  highlights promising work by Police and Crime Commissioners (PCCs) to improve responses for people facing mental health problems.

One in four people experience a mental health problem in their lifetime. While many will have limited contact with the police, it is also true that much of the demand on police resources is linked to mental health related incidents, and a significant proportion of the offending population experience poor mental health.  Research suggests 72% of prisoners face two or more mental health problems.

Published during Mental Health Awareness Week, the briefing is the second in a series of ‘PCC spotlights’ by Revolving Doors Agency and the Transition to Adulthood Alliance (T2A), designed to highlight promising practice among PCCs which could be replicated in other areas.  It argues that PCCs are in an important position locally to bring key strategic partners together and improve responses, and highlights areas of promising practice including:

Greater Manchester – where the PCC is leading improved partnership working through the Greater Manchester Strategic Mental Health Partnership board, including access to a 24/7 mental health ‘triage’ phone advice service; plans for improved coordination of follow-on support through a Navigation Pathways programme; and the rollout of a successful approach that works intensively with clients who repeatedly use crisis services.

Norfolk – Where the PCC has funded a comprehensive offender health profile, including a focus on mental health, which identified key issues and gaps in provision. This has led to the establishment of an offender health focused group on the Health and Wellbeing Board to improve integration of commissioning, and a focus on improved pathways for female offenders with personality disorders.

Staffordshire – Where the PCC conducted research to understand the level of demand mental health incidents place on the police, and has reviewed strategic partnership arrangements to develop new governance structures and hold partners to account more effectively.

While most PCCs are now prioritising mental health, the briefing highlights some common themes that should be part of plans including: providing strategic leadership and co-ordination; intervening earlier to prevent crisis; and reducing repeat demand through pathways into holistic and tailored support for people facing multiple and complex needs.   With the election of a majority Conservative government confirming that PCCs will remain a fixture in the local landscape, there is much to learn from how the first generation of PCCs have approached these challenging partnership issues, and used their role to help improve responses in their area.    

‘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.   Read the briefing here.

There has been an 8% fall in the number of 18-24 year olds in both prison or serving sentences in the community over the last year, with all other adult age categories showing a rise in numbers.

The continuing fall in the numbers of children in custody and under community supervision is certain to be a contributing factor to this drop, as is the increasing recognition of the distinct needs of young adults by the police, prosecution, judiciary and probation services. The ‘T2A approach’, which includes taking account of maturity of young adults in criminal justice decision-making, is now being delivered on the ground in many parts of the country, led by Police and Crime Commissioners, probation providers, and through the six T2A Pathway projects.

Figures published today by the Ministry of Justice show that on 31 December 2014 there were 19,250 18-24 year olds serving community orders, and 11,083 serving suspended sentence orders, a total of 30,333 (a fall of 2,290 in one year). Young adults therefore represented 27% of the whole probation caseload.

12 months earlier on 31 December 2013, there were 21,310 18-24 year olds serving community orders, and 11,313 serving suspended sentence orders, a total of 32,623. A year earlier, therefore, young adults represented 29% of the caseload.

Overall, this represents an 8% fall in just one year in the numbers of young adults on the probation caseload, and compares to an overall increase of 1% (802) in the probation caseload of all other ages combined.

The latest prison population figures also show a significant decrease in the number of young adults aged 18-24 in prison, with fall of 8%. On 31 March 2015 there were 17,177 18-24 year olds in prison, compared to 18,534 12 months earlier, a fall of 1,357 (-8%). This compares to a rise of 2% (1,756) in the prison population for all other age groups combined. The number of 18-20 year olds in prison fell by 13%, while the number of young adult women aged 21-24 in prison on remand saw the biggest percentage fall of any age, gender and status type (down 23% in the year).

The 2015 Liberal Democrat Manifesto has announced plans to: “Extend the role of the Youth Justice Board to all offenders aged under 21, give them the power to commission mental health services and devolve youth custody budgets to Local Authorities”.

This move would bring England and Wales in line with the majority of European countries, as recent T2A research with the University of Greifswald revealed.

Other plans announced by the Lib Dems include:

• Create a Women’s Justice Board, modelled on the Youth Justice Board, to improve rehabilitation of female offenders.
• Reform prisons so they become places of work, rehabilitation and learning, with offenders receiving an education and skills assessment within one week, starting a relevant course and programme of support within one month and able to complete courses on release.
• Provide experts in courts and police stations to identify where mental health or a drug problem is behind an offender’s behaviour so they can be dealt with in a way that is appropriate. We will pilot US-style drug and alcohol courts.

An interesting development in California, where Newt Gingrich, a Republican politician, formerly Speaker of US House of Representatives and 2012 Presidential candidate, spoke of the importance of taking account of maturity of young adults in sentencing.

http://www.huffingtonpost.com/newt-gingrich/a-second-chance-for-young-offenders_b_7055246.html?utm_hp_ref=tw

Extract:

Despite recognizing the big differences between a teenager and an adult in our laws, however, many states have done a poor job of taking this gap into account in their sentencing codes.

The latest scientific research shows that young-adult brains, like those of juveniles, are not yet fully matured. In fact, young adults’ capacities for judgement, decision-making, and appreciating the consequences of their actions are not fully developed until their early twenties. This makes juveniles and young adults uniquely capable of change, personal growth, and rehabilitation.

It’s only fair to recognize the difference between young- and full-grown adults in sentencing, just as we draw a distinction between juveniles and adults. People who commit offenses before their capacities are fully formed deserve a second chance — an opportunity for a parole hearing if they mature, rehabilitate, and pay serious restitution to their victims and to the community.

The Labour Party has today launched its crime and justice manifesto ‘A better plan to secure safer communities‘.  As well as focusing on anti-social behaviour, child sexual exploitation, domestic violence, and terrorism, part 2 of the manifesto says that a Labour governemnt “will extend the YJB model by piloting a new approach to 18-20 offenders incentivising Local Authorities, police and probation to work together  to identify those at risk of drifting into criminal activity and, where possible, divert them into a more constructive way of life”.

According to the manifesto: “The last Labour government’s reforms of youth justice, which required agencies to collaborate in preventing youth offending, have reduced both youth crime and the numbers of young people in prison …  We will work to embed restorative justice right across the youth justice system. And we will better coordinate activities across central and local government and its associated agencies to cut crime and re-offending amongst women. We know drug and alcohol addiction continues to be a major cause of crime.”

On 2 March, Vinny Schiraldi, the Senior Advisor at the New York City Mayor’s Office of Criminal Justice, delivered the keynote address at the T2A National Conference.

Mr Schiraldi praised the work of T2A as being instrumental in shaping thinking in New York, and elsewhere in the US, where radical new approaches to young adults involved in crime have been proposed. Mr Schiraldi said:

“T2A’s work has been an inspiration to others in informing policymakers here and increasingly in America about the need for improved, developmentally appropriate treatment of young adults who come into contact with the criminal justice system.  Personally, I’d just like to say that, as my thinking on this issue has evolved and gotten more refined, it’s no exaggeration to say that the single most important source of that evolution is the insightful publications on your web site and, more importantly, the notion that there is a group of thoughtful, caring people working hard to make better treatment for young adults in the criminal justice system a reality.”

Schiraldi told delegates about plans proposed by the Commissioners for Prison, Probation and Youth Services for a major overhaul across New York State in the way that young adults are managed, including new young adult specific custodial facilities, and a designated probation approach for 18-25 year olds (see here for more information).

View Vinny Schiraldi’s full speech below: