Breaking the Cycle - GOV.UK

1 Breaking the Cycle :Effective punishment , Rehabilitation and sentencing of OffendersCreating a safe, just and democratic society Breaking the Cycle : Effective punishment , Rehabilitation and sentencing of Offenders Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2010 Cm 7972 Crown copyright 2010 You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at This publication is available for download at and on our website at ISBN: 9780101797221 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty s Stationery Office ID 2401841 12/10 Printed on paper containing 75% recycled fibre content minimum.

2 Breaking the Cycle Effective punishment , Rehabilitation and sentencing of Offenders Ministerial Foreword The safety and security of the law-abiding citizen is a key priority of the Coalition Government. Everyone has a right to feel safe in their home and in their community. When that safety is threatened, those responsible should face a swift and effective response. We rely on the criminal justice system to deliver that response: punishing offenders, protecting the public and reducing reoffending. This Green Paper addresses all three of these priorities, setting out how an intelligent sentencing framework, coupled with more effective rehabilitation, will enable us to break the Cycle of crime and prison which creates new victims every day. Despite a 50% increase in the budget for prisons and managing offenders in the last ten years almost half of all adult offenders released from custody reoffend within a year.

3 It is also not acceptable that 75% of offenders sentenced to youth custody reoffend within a year. If we do not prevent and tackle offending by young people then the young offenders of today will become the prolific career criminals of tomorrow. There is much work to do in a criminal justice system which is so badly in need of reform. I readily admit that there have been some achievements alongside the failures. The way was paved for the establishment of the first payment by results pilot, at Peterborough prison. New measures were introduced to make some community sentences more punitive and visible. It can even be argued that there was at least some increased safety for the public while more and more criminals were under lock and key. Sadly, this approach proved disastrous when prison capacity ran out and prisoners were released early.

4 The fundamental failing of policy has been the lack of a firm focus on reform and rehabilitation, so that most criminals continue to commit more crimes against more victims once they are released back onto the streets. The criminal justice system cannot remain an expensive way of giving the public a break from offenders, before they return to commit more crimes. We plan to transform the administration of punishment in this country to make it more robust and credible. Prisons will become places of hard work and industry, instead of enforced idleness. There will be greater use of strenuous, unpaid work as part of a community sentence alongside tagging and curfews, delivered swiftly after sentencing . When fines are a sensible sentence, we will place a greater focus on enforcement and collection. We will put a much stronger emphasis on compensation for victims of crime.

5 We will pilot at least six new rehabilitation programmes, delivered on a payment by results basis. Providers will be paid to reduce reoffending, funded in the long run by the savings to the taxpayer that this new approach is expected to generate. We expect that independent providers, backed up by ethical investment, will support the early stages of this rehabilitation revolution. 1 Breaking the Cycle Effective punishment , Rehabilitation and sentencing of Offenders The principles of payment by results should not be restricted to the private and voluntary sectors. We will pilot ways in which local partnerships, including public services, can participate. We will work with the Department of Health to divert more of the less serious offenders with mental illness and drug dependency into treatment rather than prison, as long as the safety of the public is not compromised.

6 Foreign national offenders, unless they have a legal right to remain here, should be deported at the end of their sentence. We are exploring how punishments for these offenders could include immediate removal, rather than their imprisonment here at the taxpayers expense. Our reforms to sentencing are built around a greater need for clarity and common sense, reinforcing the principles of judicial independence and the need for justice to be seen to be done. We will simplify and reduce a great mass of legislation. More straightforward sentencing alongside greater transparency from our courts will mean more consistency and fairness and make it easier for victims and the general public to understand the nature of the sentences handed down by the courts. For the avoidance of doubt, I would also like to set out what we are not doing.

7 We will not end short sentences, which remain an important tool for magistrates, particularly for recidivist criminals who have not responded to community punishments or fines. We will certainly not be saving robbers, burglars and those who use knives from prison sentences. We will not allow our jails to run out of capacity and we will not introduce any early release schemes. I think it is right to describe these reforms as both radical and realistic. It would be folly, however, to view them in isolation. They stand alongside changes in the Home Office to create greater accountability for citizens over local policing; historic reforms of the welfare system by the Department of Work and Pensions to encourage employment and dramatically reduce the number of workless households; and work in the Department for Education to see how early intervention in the lives of children most at risk can reduce the chances of them of following criminal paths.

8 We will base our plans on the same insights that are driving reform across Government: increasing competition; decentralising control; enhancing transparency; strengthening accountability; and paying by results. We will draw on the skills of the private sector and civil society, as well as enabling public sector organisations to compete in new markets. Our plans represent a fundamental break with the failed and expensive policies of the past. They are about finding out what works the methods of punishment and rehabilitation which actually reduce crime by reducing the number of criminals. I believe they constitute a bold vision for more effective punishments, more reparation, and, by Breaking the Cycle of crime, a safer public. 2 Breaking the Cycle Effective punishment , Rehabilitation and sentencing of Offenders Contents Introduction: radical and realistic reform 5 Chapter summary 9 1.

9 punishment and payback 14 Prisons will become places of hard work and industry 14 Community sentences punishing offenders and making them pay back to society and the taxpayer 17 Offenders will make greater financial reparation to victims and the taxpayer 20 Victims will engage with criminal justice on their terms 21 2. Rehabilitating offenders to reduce crime 24 A new integrated approach to managing offenders 25 Rehabilitating offenders: supporting offenders to get off drugs for good 27 Rehabilitating offenders: making them pay their way 32 Managing offenders with mental health problems 36 3. Payment by results 38 Designing the payment by results model 39 Paying providers by results 44 Reforming services 46 4. sentencing reform 49 A simpler sentencing framework that is easier for courts to operate and for the public to understand 49 Making better use of prison and community sentences to punish offenders and improve public safety 52 sentencing that better supports our aims for improved rehabilitation and increased reparation to victims and society 57 5.

10 Youth justice 67 Preventing offending by young people 67 Effective sentencing for young offenders 70 Youth justice funding and payment-by-results 72 Improving transparency and accountability in the youth justice system 75 3 Breaking the Cycle Effective punishment , Rehabilitation and sentencing of Offenders 6. Working with communities to reduce crime 77 The Police Reform and Social Responsibility Bill 77 Reforming the courts to provide more efficient and effective justice for communities 78 7. Consultation 87 Annex A Timetable for delivery 88 Annex B Full list of consultation questions 89 4 Breaking the Cycle Effective punishment , Rehabilitation and sentencing of Offenders Introduction: radical and realistic reform The case for change 1. This Green Paper sets out plans for fundamental changes to the criminal justice system.