Proceso de Fabricación

4.27 Before 1991, only young offenders and those on parole were subject to statutory post-release supervision. All others were on ‘voluntary aftercare’. In 1991 statutory post-release supervision was introduced for those sentenced to over 12 months, but made no statutory provision for adult prisoners sentenced to less than 12 months, a group which includes some of those most likely to re-offend. They are eligible to apply for voluntary supervision, but few do.102_{In reality, assistance}

post-release is very limited for this large group of ex-prisoners and many will look to national and local voluntary agencies for support. Such agencies are often able to meet no more than a fraction of need, and are often subject to precarious short-term funding.

CHAPTER

5

THE

IMPACT OF

PRISON

SENTENCES

ON

RE-OFFENDING

5.1 One of the key purposes in passing any sentence, whether custodial or not, is to mark society’s public disapproval of an offence. A prison sentence, involving physical removal from the community, is the ultimate demonstration of this disapproval.

5.2 A prison sentence is also a punishment. The deprivation of liberty and the removal of many choices about daily life during a prison sentence are seen to be the proportionate response by the sentencer to the actions of those convicted of serious crimes.

5.3 But, in addition to a prison sentence being both a public mark of disapproval and a punishment, it must also have a role in reducing crime. Opinions vary as to how it can fulfil this role, but the following factors are viewed as contributory:

● _{providing a deterrent – using the sentence to dissuade the individual criminal, and potential}

criminal in the community, from committing crimes in the future;

● incapacitating offenders – making sure that those convicted of offences are unable to commit

further crimes against the wider community during their time in prison;

● _{resolving the factors, or drivers, that contribute to the committing of crimes – this can include}

tackling drug and alcohol addiction, addressing mental health problems or improving skills and employability; and

● _{changing a prisoner’s behaviour and responses to the drivers of crime – including the use of}

programmes which improve skills, such as thinking and problem-solving, necessary to make rehabilitation and a positive life outside prison a reality.

5.4 It is the last two roles, the potential of a prison sentence to change or resolve many of the drivers of the crimes committed, that lie at the centre of this report on reducing re-offending by ex-prisoners.

5.5 The Social Exclusion Unit’s consultation identified a number of factors that contribute to the likelihood of a released prisoner re-offending. The quality of evidence regarding the effectiveness of addressing different factors tends to vary, depending on the priority that each has received in the past. Also, the evidence is always limited to addressing these issues and drivers in isolation, A prison sentence has a number of purposes – it marks strong public disapproval of an offence and it is unmistakably a punishment for the offender.

A prison sentence also presents the opportunity to reduce crime – providing a deterrent and, for the period of imprisonment, incapacitating those who would commit further offences. Its ability to make a longer term, sustained difference to the causes of re-offending and to prisoners’ attitudes and behaviour is at the centre of this report. There are a group of factors, discussed in detail in this report, which can either help or hinder this process.

5.6 There are several other relevant factors that can help reduce re-offending. Most obviously, these include having a job, a home and a stable family. Evidence shows that these areas are strongly associated with reducing the likelihood of re-offending. There is a considerable risk that a prison sentence can weaken these protective factors, and therefore lead to an increase in the likelihood of re-offending. Procedures that identify those at risk, provide advice at the point of sentence, and follow through with effective and sustained support to release can help to minimise the risk of re- offending. In some instances, they can also help to put in place protective factors for the first time.

5.7 The table below summarises this analysis, showing how a prison sentence can be an opportunity to improve or can actually worsen those factors that are either known to cause or are heavily associated with the likelihood of re-offending.

Factor Prison sentence can help Prison sentence can worsen

Education Education and training Existing skills can be eroded or become programmes can give outdated during the sentence.

prisoners the skills needed Can reinforce existing negative views of to gain employment. education.

Can disrupt education in the community.

Employment Opportunity to gain valuable Loss of existing employment. Work in practical experience of paid prison can reinforce the view of work as work. mundane and low paid, with little Opportunity to make contact connection to real opportunities. with employers prior to release. Existing work skills can be eroded or

become outdated.

Drugs and Prison can be an effective place Drugs are available in prison – some

alcohol to get drug treatment, helping prisoners may start to use, others will many who have had no help entrench an addiction. Without proper before. Can make valuable links aftercare, released prisoners can return to community treatment. to a level of usage that is especially

dangerous.

Mental and Access to proper diagnosis and Lack of provision and patchy co-

physical treatment, often for the first time. ordination; the experience of

health Ensuring that ex-prisoners able imprisonment and subsequent inactivity to take up opportunities such can exacerbate existing mental illness. as employment and training Prisoners released to chaotic lifestyles, on release. without proper follow up support.

Attitudes and Opportunity to take part in Other prisoners can reinforce negative

self-control programmes to improve attitudes towards crimes and victims. thinking skills, anger

management.

Opportunity to learn from past experiences, separated from some peer pressures.

Institutionali- Prison can provide a safe place Can reinforce an institutionalised

sation and for offenders to develop positive background, such as previous experience

life skills life skills. in care. Heavily structured regimes, and lack of activity, can damage prisoners’ abilities to think and act for themselves, with knock-on effects in areas such as employment and housing.

5.8 The following chapters expand on these individual factors, explaining current practice and policy, highlighting good practice and identifying the barriers to more effective work. looks at the processes that should determine what happens to a prisoner during their sentence.

Chapter 6

Factor Prison sentence can help Prison sentence can worsen

Housing Opportunity to save tenancies, Housing can be lost on entry, rent arrears reduce Housing Benefit, can build up, leading to barring from mortgage and rent arrears. housing. May increase the chance of an Repaying rent arrears, offender being homeless. Lack of housing assessing housing needs and can lead to further problems, such as beginning a move to stable, accessing children in care, health services supported accommodation. and benefits.

Opportunity to gain skills in managing tenancies.

Benefits and Prison can provide access to Debts can worsen during a prison

debt debt advice and can improve sentence. Prison can break the link the chances of accessing between offenders and legitimate means financial support on release of support. Prisoners are released without via the setting up of benefits sufficient financial means to cover the interviews. Offers the chance period before benefit payments are made. of earning and saving money.

Families Prison can give prisoners’ Prison can damage the positive links families the opportunity to have between a prisoner and their family – an input into a prisoner’s breaking stable relationships with partners rehabilitation needs. It can and children.

separate offenders from a Can lead to financial, emotional and criminal background, or give health problems among family members. a family respite from a difficult

or dangerous family member.

CHAPTER

6

SENTENCE

PLANNING AND

MANAGEMENT

“I’ve never had one [a sentence plan] – never been here long enough. Well, not all at one go anyway.”

Adult prisoner

“We know that we need to complete these plans with prisoners and then keep them under review. But there’s not enough time and anyway we can’t always provide the courses that we know they need.”

Prison officer

“I’ve just finished a … course … anger replacement. I had to chase that up. I was told I had to do that, but nobody ever tried to make me do it, nobody ever asked me to do it and I wanted to do it about two years ago.”

Adult prisoner

Key facts

6.1 Sentence planning is the key process connecting a prisoner with activities to reduce their

offending.103_{Its aim is to prepare the prisoner for safe release: needs should be assessed, targets set}

and plans should connect the prisoner with offending behaviour programmes. Plans should have contributions from probation, build on pre-sentence reports and be reviewed regularly. The sentence plan should be informed by up-to-date risk assessments carried out by prison and probation staff. These assessments should ensure that the interventions identified, such as family contact or employment in the community, are appropriate and will not increase the risk of harm. The sentence plan should provide the basis for the supervision plan that covers those prisoners released on licence.