Special report
Working together 25 June 2010 How partnership working can help cut crimeThe relationship between justice and Scottish communities will be under the spotlight this week when politicians debate proposed legislation that is hoped will tackle the nation’s appalling reoffending levels and restore the publics’ dwindling confidence in crime prevention. A push to move away from short-term jail sentences and increase the use of community service is seen by many as the key to unlocking one of Scotland’s most pressing justice conundrums. The controversial role of short-term prison sentences over community service has surfaced as an important debating point, and this week the Criminal Justice and Licensing (Scotland) Bill, which among its aims hopes to cut short-term jail terms, will move a step closer when it is debated in the Parliament. It is one component of a wider community justice position that has been adopted in recent years and increasing numbers of localised initiatives spring up regularly in moves to combat crime. Schemes ranging from placing ‘campus cops’ in schools to issuing Asbos are now common throughout Scotland. Earlier this month one police force even asked local villagers to volunteer their services to catch speeding drivers. One of the most notable features of the Bill seeks a presumption against jail sentences of three months or less, with greater use of community payback. Opponents, however, have said it is unworkable in the current climate as figures show the success of community service is hugely dependent on an offenders’ location. Figures, released this month by the Liberal Democrats, claim it can be quicker to serve a 250 hour sentence in some local authority areas compared to a 150 hour sentence in others. The Lib Dems said the 2009 figures showed in the Borders it took an average 204 days to complete a sentence of more than 250 hours. It was also said a 150 hour sentence took an average of 384 days to finish in Aberdeen, an average of 298 days in Argyll and Bute but just 119 days in Edinburgh. But the SNP Government said 63 per cent of offenders began their work placement within seven days of being sentenced – better than the figure of 19 per cent for 2008. The Government added that 62 per cent of all local authorities ensured community service orders were completed in a 12 month limit, compared with a 2008 figure of 50 per cent. The Government had initially hoped for a presumption against prison sentences of up to six months, but last week lodged an amendment to make it up to three months with a built-in flexibility allowing the terms to rise at a future date, with the agreement of parliament. Tom Halpin, chief executive of Sacro, the community safety organisation, said there are little positives that come from shortterm sentences. He said: “Jailing offenders for a short time does nothing to rehabilitate them, nothing to challenge their behaviour and nothing to pay back to victims for the harm or damage they have caused. It exposes them to negative and damaging influences and overstretches prison resources at the expense of rehabilitation work with longterm prisoners. What use is a sanction if it does so little to combat reoffending? Almost 75 per cent of those serving short-term custodial sentences will reoffend within two years; that figure drops markedly to just over 40 per cent for those given community sentences”. Figures released by Scotland’s Chief Statistician earlier this year predicted that the prison population could rise by almost 20 per cent to just under 10,000 over the next decade – accelerating further the need for change. David Strang, the chief constable of Lothian and Borders Police, said although work needs to be done to improve the effectiveness of community service throughout the country, alternatives to short-term jail punishments should be welcomed. He said: “What we are saying is community justice is appropriate in many cases. If we look at community sentencing there are a lot of advantages because it pays back something to the community and often offenders go on to put something right. One of the reasons people are reluctant to see community sentences rolled out further is the concern that they are not actually carried out. A system needs to be in place so that the public can be confident that the sentences will be carried out in the community and this will happen quickly. There are some good examples in some locations where community sentences work well and that has to be used as a model for the rest of the country.” Reoffending rates in Scotland remain at a worryingly high level and underline much more needs to be done in rehabilitation. Figures released last year showed 74 per cent of those jailed for six months or less are reconvicted within two years of their release. Statistics released following a parliamentary question in March highlighted that more than 90 per cent of those imprisoned for knife crime had already been jailed previously for the same offence. Halpin said effective community sentencing was a superior alternative to short-term jail stints. He said: “The prospect of introducing a presumption against imprisonment for short sentences in favour of a community sentence – the Community Payback Order – is an unparalleled opportunity to deliver a more effective criminal justice system in Scotland. I would call on all politicians to have the courage to support the Bill and make real progress in how we address offending behaviour. “There is a wealth of evidence to support the view that community penalties are significantly more effective than short-term custody. Reconviction figures for Scotland show community penalties to be currently more than twice as effective as short-term custody in stopping reoffending and the improvements proposed in the new Community Payback Order have the potential to improve this rate even further. Halpin added: “I know it (community sentences) must gain the confidence of the public and the courts. It will have to be implemented and resourced robustly and sentencers need to feel confident that breaches will be dealt with swiftly and effectively. “Sacro and other third sector agencies can play an important role in delivering these services. The voluntary sector has the ability to create capacity – often at short notice – and this flexibility will be an important element in making sure the Community Payback Order is applied successfully. “We can also learn from the success of others. Take Finland as an example. Here is a northern European country of similar size to Scotland. Its justice system relies more heavily on community penalties as a sanction and incarcerates almost 60 per cent fewer people than Scotland. Finland has one of the lowest rates of crime in Europe.” Justice Secretary Kenny MacAskill said: “Prison will always be the right place for serious and dangerous offenders but for low level offenders the statistics are stark and show us that short sentences do not work. “Three-quarters of those given a prison sentence of six months or less go on to reoffend within two years of getting out. That is not cutting crime, that is not protecting the public, and crucially, it isn’t stopping people from reoffending. It’s just a vicious circle. In comparison, three out of five offenders given tough community based sentences do not go on to reoffend.” Multi-member partnerships are seen as one of the most effective ways of tackling community problems. Glasgow Community and Safety Services (GCSS) was established in 2006 to prevent crime, tackle antisocial behaviour and promote community safety. GCSS brought together over 500 staff from Glasgow City Council, Strathclyde Police, Strathclyde Fire and Rescue Service, Glasgow Safety Partnership and Streetwatch Glasgow, the operators of the city’s public space CCTV network. In 2009 it took over the coordination for delivering community service orders. GCSS said it aims to expand capacity for places including provision of a weekend alternative for those who are in employment or full-time education. A new partnership has also been established through the Glasgow Community Justice Authority to deliver a city-wide pilot programme for individuals subject to structured deferred sentences. The initiative will provide a new disposal for the courts, with young adult offenders participating in short programmes to develop skills and to address elements of their behaviour. Since June 2009, GCSS has provided over 12,000 placements, supervising 1,350 individuals on all or part of their community service orders. John Neilson, a former assistant chief constable of Strathclyde Police and former board member of GCSS, said he hoped the approach taken in Glasgow could be repeated nationwide. He said: “What you had previously in Glasgow, for example, was a situation where someone would go to the court and be given community service and would then sit and wait 15 months before they could do it – that is not swift justice and it clearly did not work. Through GCSS’ joined up approach it has now reached a position where offenders are given community sentences and within days are starting that work. Things in Glasgow are now happening almost immediately and as a result the rate of reoffending is going down. “Partnership working has been key to the success of GCSS and this is a model I feel would work across the country. When you look at the Bill in Parliament I absolutely agree that community service is a better alternative to short jail sentences, but that all depends on the location and if there is a structure in place that allows the service to be carried out swiftly. It does no good if we have a situation where offenders in Glasgow are carrying out orders almost immediately but in Dundee, for example, it is taking too long. If someone has been assaulted and they can see the offender carrying out work shortly afterwards, I believe that is a lot more effective than locking someone up for a couple of months. You also have to look at the benefit community service has on offenders. During the sentence they can develop skills and it can boost things like self esteem.” Scotland is the least successful country in the UK at cutting crime, according to research carried out earlier this year by the Institute for Public Policy Research. While there have been significant falls in crime in England, Wales and Northern Ireland, crime rates north of the border have remained static since 1999. The figures show the Scottish rate has remained the same since devolution but England and Wales have seen a fall of 11.2 per cent and in Northern Ireland it is down by 9.2 per cent. According to the study, assaults in Scotland have increased by 1.2 per cent while falling by 1.5 per cent in England and Wales. Vandalism also fell by 0.6 per cent in England and 1.1 per cent in Northern Ireland, but rose by 2.9 per cent in Scotland. Dr Rick Muir, who wrote the report, said government policies across the UK differed and although crime was overall lower in Scotland, it has not been as successful in reducing it. Community justice is at the heart of the push to cut crime and initiatives have seen numerous organisations, including the police, local authorities, the NHS and social services, team up to implement initiatives that look at preventing crime. One scheme that has been running for several years and has received praise is the scheme that assigns police officers to Scottish schools. Officers now operate in 65 schools across the country, and according to a study by Ipsos MORI, are highly valued by staff, pupils, parents and members of the community. The scheme, which was piloted eight years ago at Northfield Academy in Aberdeen, was initially seen as an admission that education was failing. Strang is among many who believe the scheme is both realistic and successful. He said: “We have officers based in secondary schools and they can work with teachers, pupils and parents. It is good because if a teacher identifies a youth at risk of offending there is the chance to work with that individual on ways to improve their behaviour. Officers can also work with classrooms and that gives the opportunity to have a wide impact. You have to remember that a secondary school is a big community and it is important that in some cases we have a police presence, there can sometimes be negative stereotypes of the police and it is beneficial for youngsters to work with police from an early age. What we must do to cut offending is engage with people from an early age and look at intervention as a crucial part of our work.” He added: “I think community policing is hugely important and makes a lot more sense for us to get as many people involved as possible. It is far-reaching in terms of who can engage in it. For example, we can work with the NHS in cases of drug and alcohol referrals and in terms of working with youths, we can be involved with schools, social workers and the Children’s Reporter. If you have someone young who has been offending they can be referred to something like the Prince’s Trust where they can be placed on a programme that will help develop skills. Again, it is about looking for alternatives that can benefit everyone.” Other issues included in the Bill, which will be debated on Wednesday, include the age of criminal responsibility, stalking and mandatory sentences for knife possession. Tony Blair famously used the phrase “tough on crime, tough on the causes of crime”, but seemed to forget about the second part while in office. For the sake of victims, those caught up in repeat offending and the wider community, politicians in Scotland must do better and address the elements that fuel the cycle of crime, otherwise a system that no one trusts will continue to fail. 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