Community Justice Files 39
| Author | Ross Little |
New justice secretary
Following the cabinet reshuffle by the new Prime Minister, Theresa May, Liz Truss has been appointed as the new justice secretary and Lord Chancellor. There has been speculation in the press about what type of Justice Secretary she will be, following the divergent approaches of her two immediate predecessors, Michael Gove and Chris Grayling.
A search of her voting record reveals that on the vast majority of issues she votes the same way as other Conservative MPs (the exception being hereditary peers in the House of Lords). Liz Truss has, for example, previously voted for ending financial support for some 16-19 year olds in training and further education, for merging police and fire services under Police and Crime Commissioners, for mass surveillance of people’s communications and activities, for a stricter asylum system and for restricting the scope of legal aid (They Work for You, accessed 31st August 2016).
It has been reported that Truss will "press ahead ‘at pace’ with her predecessor Michael Gove’s radical prison reform programme" (Alan Travis, The Guardian, 19/7/2016). However, more recently her commitment to a key element of Gove’s planned policy implementation - problem solving courts - has been questioned.
Problem solving courts: An evidence review
In December 2015, the then Justice Secretary Michael Gove announced the creation of a working group on problem-solving courts. This working group was to ‘examine models of problem-solving courts and advise on the feasibility of possible pilot models to be taken forward in England and Wales in 2016/17’.
An evidence review of problem solving courts has been produced by the Centre for Justice Innovation (24 August 2016). Problem-solving courts aim to bring together the authority of the court and the services designed to reduce reoffending and improve outcomes. The best known example of this approach in England, the Community Justice Court in North Liverpool, was closed by the Ministry of Justice in 2014.
In summary, the report suggests there is strong evidence that adult drug courts reduce substance misuse and are particularly effective with offenders who are presenting a higher risk of reoffending. Family drug and alcohol courts appear to help reduce parental substance misuse and reduce the number of children permanently removed from their families.
Evidence on the ability of domestic violence courts to reduce the frequency of a perpetrator is ‘promising’. International evidence suggests community courts can improve compliance with court orders.
There is also ‘promising’ evidence to support the application of key features of problem-solving courts to female offenders at risk of custody and young adults, groups for whom multiple and complex needs have been identified.
The report acknowledges practical problems, such as inadvertently drawing more people into the court system (‘net widening’) and inappropriate interventions. It also acknowledges that problem-solving courts do not constitute magical solutions.
However, the review concludes: "Across a range of outcomes, problem-solving courts have demonstrated their ability to make a difference, with the strongest evidence being on drug courts but encouraging evidence elsewhere, notably on mental health and domestic violence."
A reason why problem solving courts are thought to work is to do with procedural fairness: the idea that people involved in the system perceive it as fairer and therefore tend to comply better with court orders.
To read Problem Solving Courts: An evidence review by the Centre for Justice Innovation: http://www.justiceinnovation.org/sites/default/files/attached/Problem-solving%20courts%20-%20An%20evidence%20review.pdf
HMIP Chief Inspector of Prison, Annual Report
The new Chief Prison Inspector, Peter Clarke, has produced his first annual inspection report (19 July 2016). The report refers to inspections undertaken during the period of his predecessor, Nick Hardwick.
Clarke introduces the report by stating he has found "that the grim situation referred to by Hardwick in his report last year has not improved, and in some key areas it has, if anything, become even worse". He highlights a number of indicators of the worsening situation inside our prisons.
• Assaults increased by 27%
• Self-harm rose by 25%
• The impact of the rise in New Psychoactive Substances (NPS) cannot be under-estimated
• Too many prisoners with serious mental health problems end up in segregation units
• The majority of young offender institutions are...
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