$Unique_ID{bob00522} $Pretitle{} $Title{United Kingdom Treatment of Offenders} $Subtitle{} $Author{Embassy of the United Kingdom, Washington DC} $Affiliation{Embassy of the United Kingdom, Washington DC} $Subject{court sentence offenders order probation england prisoners wales service prison} $Date{1990} $Log{} Title: United Kingdom Book: Justice and the Law in Britain Author: Embassy of the United Kingdom, Washington DC Affiliation: Embassy of the United Kingdom, Washington DC Date: 1990 Treatment of Offenders The Government's aim is to ensure that convicted criminals are punished justly and suitably according to the seriousness of their offences. It believes that those who commit very serious crimes, particularly crimes of violence, should receive long custodial sentences, but that many other crimes can best be punished within the community through compensation and reparation. Legislation sets the maximum penalties for offences, the sentence being entirely a matter for the courts, subject to these maxima. The Court of Appeal (see p 12) issues guidance to the lower courts on sentencing issues when points of principle have arisen on individual cases which are the subject of appeal. The Government is proposing a new and more coherent statutory framework of guidance on the principles governing sentences. Custody The Government believes that custody should be used only for offenders convicted of serious criminal offences or where the public needs to be protected from a dangerous offender. The Court of Appeal has stated that sentencers in England and Wales should examine each case in which custody is necessary to ensure that the term imposed is as short as possible, consistent with the courts' duty to protect the interests of the public and to punish and deter the criminal. The Government is proposing to introduce legislation in England and Wales which would require a court, before giving a custodial sentence, to be satisfied that the offence was so serious as to merit custody. The court would also have to give reasons if it considered a custodial sentence to be necessary; this would not, however apply to the most serious offences such as murder, manslaughter, rape or robbery, which invariably involve a custodial sentence. Longer custodial sentences-within the statutory maxima-would be given to persistent violent and sexual offenders in order to protect the public. A magistrates' court in England and Wales cannot impose a term of more than six months' imprisonment for each offence tried summarily, but may impose consecutive sentences subject to an overall maximum of 12 months' imprisonment. If an offence carries a higher maximum penalty, the court may commit the defendant for sentence at the Crown Court, which may impose-within the permitted statutory maximum-any other custodial penalty. In all three legal systems there is a mandatory sentence of life imprisonment for murder. This is also the maximum penalty for a number of serious offences such as robbery, rape, arson and manslaughter. In trials on indictment in Scotland the High Court may impose a sentence of imprisonment for any term up to life, and the sheriff court any term up to three years. The latter may send any person to the High Court for sentence if the court considers its powers are insufficient. In summary cases, the sheriff may normally impose up to three months' imprisonment or six months' for some repeated offences. The district court can impose a maximum term of imprisonment of 60 days. In Northern Ireland the position is generally the same as for England and Wales. A magistrates' court, however, cannot commit an offender for sentencing at the Crown Court if it has tried the case. The Death Penalty The death penalty has been repealed for almost all offences. It remains on the statute book for the offences of treason, piracy with violence and some other treasonable and mutinuous offences. However, it has not been used for any of these offences since 1946. Non-custodial Treatment The Government believes that more offenders, particularly those convicted of property crimes and less serious cases of violence, should be punished in the community. In its view this should involve fines and compensation to the victim, probation, community service, a new combined order linking probation and community service, or a new curfew order to be used by itself or with other orders. Fines The most common sentence is a fine. In England and Wales nearly 81 per cent of offenders convicted by the courts in 1988 received a fine; this included those convicted of motoring offences. In Scotland in 1988, 78 per cent of the 177,000 people with a charge proved against them received a fine. There is no limit to the fine (unless set by statute) which may be imposed on indictment; on summary conviction the maximum limit, except in certain exceptional circumstances, is 2,000 Pounds in England, Wales and Northern Ireland, and in Scotland 2,000 Pounds in the sheriff court and 1,000 Pounds in the district court. The Government is proposing reforms under which fines would be more closely related to ability to pay. The court's penalty would be given in units which would then be translated into monetary values according to the offender's means. Probation The main duties of the probation service are to supervise offenders in the community, both under direct court orders and after release from custody. It also provides offenders in custody with help and advice. In England and Wales some 42,000 offenders began probation supervision in 1988; the figure for Scotland was 3,000. A probation order can only be made by a court with the consent of the offender, who may be sentenced for the original offence if he or she fails to comply with the order's requirements or commits another offence while on probation. Probation orders curtail the freedom of those on whom they are made. The order requires regular contact to be made with the probation officer. Special conditions can be attached to the order; these may require the offender to attend a day centre for up to 60 days. Although intended as a punishment, the time spent by offenders under supervision in the community offers an opportunity for constructive work to reduce the likelihood of reoffending. In England and Wales a probation order can be made only for offenders aged 17 years or more. In Scotland the minimum age is 8, though in practice offenders under 16 are rarely considered; in Northern Ireland the minimum age is 10 years. The probation service provides and maintains day centres and hostels together with schemes designed to meet the needs of a broad range of offenders. In England and Wales it also administers supervision orders, the community service scheme and supervises those released from prison on parole. In addition, some probation officers work in custodial establishments. Under government proposals for England and Wales the courts would be able to combine a probation order with a fine for a single offence and day centres would be renamed probation centres to which national standards, including a core curriculum, would be applied. A probation order would also become a sentence of the court; at present it is imposed 'instead of sentencing' reflecting the original intention that probation should be used mainly for first, or relatively trivial, offenders. In England and Wales the cost of the probation service is shared between central and local government. It is administered locally by probation committees of magistrates and members co-opted from the local community. In Scotland probation services are integrated with local authority social work departments. In Northern Ireland the service is administered by a probation board, whose membership is representative of the community and which is funded by central government. Community Service Offenders aged 16 or over (17 in Northern Ireland) convicted of imprisonable offences may, with their consent, be given community service orders. The court may order between 40 and 240 hours' unpaid service to be completed within 12 months; for 16-year-olds the maximum in England and Wales is 120 hours. Examples of work done include decorating the houses of elderly or disabled people and building adventure playgrounds. The number of community service orders made in England and Wales in 1988 was about 35,000; the figure for Scotland was 3,300 and that for Northern Ireland 720. The Government is proposing to introduce a new court order which could combine community service and probation, as is the case in Scotland. The maximum term for the probation element would be the same as a probation order and the maximum period of community service would be 100 hours. Curfew Order Legislation is proposed for England and Wales under which the courts would be empowered to issue a curfew order confining people to their homes at certain times in a bid to reduce crimes such as public disorder. It could also be combined with probation, community service or the proposed order linking probation and community service. Compensation and Reparation The courts may order an offender to pay compensation for personal injury, loss or damage resulting from an offence. The Government favours the courts making full use of their compensation powers. Under the Criminal Justice Act 1988 courts in England and Wales are required to give reasons for not awarding compensation to a victim who has suffered loss, injury or damage. Courts may order the confiscation of proceeds gained by a criminal from drug trafficking and other offences such as robbery, fraud, blackmail and insider dealing in shares. In certain circumstances courts may also order forfeiture of property involved in the commission of crime; this does not apply in Northern Ireland. Other Measures The court in England and Wales may discharge a person absolutely or conditionally if it believes that punishment should not be inflicted and a probation order is not appropriate. If he or she is conditionally discharged, the offender remains liable to punishment for the offence if convicted of another offence within a period specified by the court (not more than three years). The Crown Court may 'bind over' an offender by requiring him or her to keep the peace and/or be of good behaviour. If this requirement is not complied with, the offender may be brought before the court and dealt with for the original offence. Alternatively the 'binding over' may mean that a sum of money will be forfeit if conditions stated by the court are not met. In Scotland the same effects of conditional discharge and binding over are achieved by a system of deferral of sentence until a future date. During this period the accused is required to be of good behaviour and to meet any other conditions stipulated by the court. Police cautions are used particularly for young offenders; the caution is a form of warning and no court action is taken. Prisons The Government aims to provide a humane and efficient prison service. The average inmate population in 1989 was nearly 48,600 in England and Wales, 5,000 in Scotland and 1,800 in Northern Ireland. Prisons to which offenders may be committed directly by a court are known as 'local prisons'. Other prisons, known as training prisons, receive prisoners on transfer from local prisons. Some training prisons are 'open', with no barriers to prevent escape. In England, Scotland and Wales sentenced prisoners are classified into groups for security purposes. There are separate prisons for women. There are no open prisons in Northern Ireland, where the majority of offenders are serving sentences for terrorist offences. People awaiting trial in local prisons or in remand centres are entitled to privileges not granted to convicted prisoners. Those under 21 awaiting trial are, where possible, separated from convicted prisoners. The Government is seeking to foster greater private sector involvement in the prison system of England and Wales. The building of new prisons is monitored by a Board, which includes a strong private sector element. The Government is to seek legislative powers to enable competitive tenders to be invited from the private sector for the operation of remand centres and for the work of escorting prisoners to and from courts and safeguarding them at court. Many of the prisons in Great Britain were built in the nineteenth century and require major repairs. In order to cut down on overcrowding and ensure that all prisoners are housed in decent conditions, a major programme of improvement is in progress which will reduce substantially the number of cells without access to night sanitation. Eight new prisons have been opened in England and Wales and one in Scotland since 1985, and 13 others are at various stages of design and construction. Three of these are due to be completed by March 1991 and the remainder will follow in the period between 1992 and 1994. By March 1994 over 7,000 places at new prisons will have been added in England and Wales, and about 3,000 new places at existing establishments. In Northern Ireland there is no overcrowding in the six prison establishments, five of which have been built since 1970. Remission of Sentence Most prisoners in Great Britain are eligible for remission of one-third of their sentence. Prisoners serving a sentence of 12 months or less in England and Wales are entitled to half remission. Release on remission is unconditional and does not involve any official supervision in the community. It may be forfeited for serious misconduct in prison. Northern Ireland In Northern Ireland prisoners serving a sentence of more than five days are eligible for remission of half their sentence. A prisoner serving a sentence of more than 12 months who is released from prison with remission is liable to be ordered to serve the remainder of this sentence if convicted of fresh imprisonable offences during this period. Under the Prevention of Terrorism (Temporary Provisions) Act 1989 the rate of remission for those convicted of terrorist-type offences and serving sentences of five years or more has been reduced to one-third. Any released prisoners convicted of another such offence before the expiry of the original sentence must serve the remainder of that sentence before serving any term for the second offence. Both these provisions apply to offences committed on or after 16 March 1989. Parole In England and Wales prisoners serving determinate sentences of more than 12 months become eligible for consideration for conditional release on parole licence when they have served one-third of the sentence, or six months, whichever expires the later. In Scotland they only qualify after 12 months. The first stage in England and Wales is consideration by a local review committee attached to each prison. This is followed by scrutiny by Home Office officials, who refer the more difficult and complex cases to the Parole Board, which makes recommendations for release on parole. Home Office ministers take the final decision on whether to accept the recommendation. Less serious cases are dealt with by the Home Office without reference to the Board. A similar procedure operates in Scotland, where there is a separate Parole Board. About three-quarters of prisoners serving sentences of less than two years receive parole. However, for those serving sentences of over five years for violence, arson, sexual offences or drug trafficking parole is granted only in exceptional circumstances, or for a few months at the end of the sentence. The parole licence remains in force until the date on which the prisoner would otherwise have been released from prison. It prescribes the conditions, including the maintenance of contact with a supervising officer, with which the offender must comply. Parole is not available in Northern Ireland, which has more generous remission terms. Proposals for Reform The Government intends to introduce legislation reforming the remission and parole systems in England and Wales. Remission would be abolished, as would parole, for prisoners serving under four years and, instead, they would spend 50 per cent of their sentence in custody and then be released. For the remainder there would be a selective system of parole based on clear and published criteria. All prisoners sentenced to a year or more would be supervised on release until three-quarters of their sentence had passed. If convicted of another offence punishable with imprisonment and committed before the end of the original sentence, a released prisoner would be liable to serve all or part of the original sentence outstanding at the time the fresh offence was committed. Proposals for the reform of the parole and remission systems in Scotland are under consideration. Life Sentence Prisoners The release of prisoners serving life sentences is at the discretion of the Home Secretary or in Scotland the Secretary of State for Scotland, subject to a favourable recommendation by the relevant parole board and after consultation with the judiciary. The Secretaries of State do not, however, have to accept such a recommendation for release, nor are they bound by the views of the judiciary. People serving life sentences for the murder of police and prison officers, terrorist murders, murder by firearms in the course of robbery and the sexual or sadistic murder of children are normally detained for at least 20 years. At the end of 1989 there were about 2,600 life sentence prisoners detained in prisons in England and Wales, of whom about 200 had been detained for 15 years or more. The equivalent figures in Scotland were 437 and 31 respectively. On release, life sentence prisoners remain on licence for the rest of their lives and are subject to recall should their behaviour suggest that they might again be a danger to the public. In Northern Ireland the Secretary of State reviews life sentence cases on the recommendation of an internal review body in such a way as to reflect their gravity and to take account of Northern Ireland's special circumstances. Repatriation Sentenced prisoners who are nationals of countries which have ratified the Council of Europe Convention on the Transfer of Sentenced Persons or similar international arrangements may apply to be returned to their own country to serve the rest of their sentence there. Independent Oversight of the Prison System Each establishment has appointed to it a board of visitors (visiting committee in Scotland), who act as independent observers on behalf of the Secretary of State. They are unpaid volunteers drawn from the local community. In England and Wales two members of the board must be magistrates. Their principal duty is to satisfy themselves as to the state of the prison premises, the administration of the prison, and the treatment of prisoners. They have the right of access at any time to any part of the establishment, and to any inmate, and may interview an inmate in private. They are required to make an annual report to the Secretary of State about the state of the prison and its administration, and can bring any matter to his attention. Prison Industries, Physical Education and Education Prison industries aim to give inmates work experience which will assist them when released and to secure a return which will reduce the cost of the prison system. The main industries are clothing and textile manufacture, engineering, woodwork, laundering, farming and horticulture. Most production caters for internal needs and for other public services. A few prisoners are employed outside prison, some in community service projects. Inmates are paid at pocket money rates for work done; in some prisons incentive payment schemes provide an opportunity for higher earnings on the basis of output and skill. Education is financed by the prison service and staffed by local education authorities. Full-time education of 15 hours a week is compulsory for young offenders below school leaving age. For older offenders it is voluntary. Some prisoners study for public examinations, including those of the Open University. Within the resources available there is an adult education curriculum. Library facilities provided through the local public library authority are available in all establishments. Voluntary vocational training courses are taught by prison and civilian instruction officers. Physical education is voluntary for adult offenders by compulsory for young offenders. Practically all prisons have physical education facilities, some of which are purpose built. Education is offered on a voluntary basis to all prisoners and young offenders in Northern Ireland, the courses ranging from basic education to primary degrees and postgraduate research. At any one time around 55 per cent of the prison population are engaged in some form of education and training. A comprehensive library service, available in each establishment, is linked to a province-wide inter-library loan service. Medical and Psychiatric Care The prison medical service has a general responsibility for the physical and mental health of all those in custody. Each establishment has accommodation for sick people, and patients can also be transferred to National Health Service hospitals. Psychiatric care is available. Privileges and Discipline Prisoners may write and receive letters and be visited by relatives and friends, and those in some establishments may make telephone calls. Privileges include a personal radio, books, periodicals and newspapers, and the opportunity to make purchases from the canteen with money earned in prison. Depending on facilities prisoners may be granted the further privileges of dining and recreation in association, and watching television. Breaches of discipline are dealt with by the prison governor, or by the boards of visitors, who have power to order forfeiture of remission. Welfare Prison officers deal with welfare matters and are supported by this by probation staff (in Scotland, social workers), who use their own professional skills to help individual prisoners understand more about the nature of their offending behaviour. Religion and Spiritual Care Anglican, Church of Scotland, Roman Catholic and Methodist chaplains share in a ministry to prisoners, providing opportunities for worship and spiritual counselling. They are supported by visiting ministers of other denominations and faiths as required. In a multi-faith and multicultural society particular attention is given to the needs of those of other major world faiths and ethnic minorities. Preparation for Release Many medium- and long-term prisoners in the later parts of their sentences may be granted home leave for periods of between two and five days. Its purpose is to give the prisoner the opportunity to maintain links with family and friends, and, where leave is taken near the end of the sentence, to contact prospective employers and make firm plans for release. The Pre-Release Employment Scheme provides an opportunity for selected long-term prisoners to spend their last six months before release in one of eight hostels, which are attached to prisons, to help them re-adapt to society. Hostellers work in the outside community and return to the hostel each evening. Frequent weekend leaves allow hostellers to renew ties with their families. In Northern Ireland arrangements exist for prisoners serving fixed sentences to have short periods of leave near the end of their sentences and at Christmas. Life-sentence prisoners are given a nine-month pre-release programme which includes employment outside the prison. Aftercare The probation service (in Scotland, the local authority social work departments) provides professional social work support to offenders following their release. Most young offenders under the age of 22, adult offenders released on parole and those released on licence from a life sentence receive a period of compulsory supervision from the probation service. The National Association for the Care and Resettlement of Offenders (NACRO) and the Apex Trust (and their counterparts in Scotland) organise training-financed by the Government-for ex-offenders. Other government-aided assistance by voluntary bodies such as NACRO includes accommodation. The Northern Ireland Association for the Care and Resettlement of Offenders, also a voluntary group, is mainly concerned with assisting petty criminals and alcoholics towards rehabilitation and social awareness. Young Offenders England and Wales In England and Wales criminal proceedings cannot be brought against children below the age of 10 years. Children between 10 and 17 charged with committing a criminal offence may be brought before a court, usually a juvenile court. A local authority may bring a child of any age under 17 to a juvenile court in a civil procedure known as care proceedings if, for example, it suspects that he or she is in moral danger or beyond parental control. Under both care and criminal proceedings a court may make a care order or a supervision order or, if the parents consent, an order requiring them to exercise proper care or control over the child. Before an order may be made in care proceedings or a care order made in criminal proceedings, it must be shown that the child is in need of care or control which he or she is unlikely to received unless the order is made. Under a care order, which is reviewed every six months and normally expires when the young person reaches 18 or 19, the local government social services authority becomes responsible for the child's accommodation. It may allow him or her to remain at home under supervision or place him or her with foster parents or in a voluntary or community home. For children too severely disturbed or disruptive to be treated in local authority homes, there are two special Youth Treatment Centres run by the Department of Health. When implemented, the Children Act 1989 will reform both the grounds for, and effects of, care and supervision orders in care proceedings. Under the Act juvenile courts will no longer hear care proceedings and the care order in criminal proceedings will be abolished. Under a supervision order (which may remain in force for not more than three years) a child normally lives at home under the supervision of a social worker or a probation officer. The court has power to require that the child complies with directions given by his or her supervisor or, in criminal proceedings, with requirements made by the court. The supervision order can be used to provide for a programme of constructive and remedial activities by means of a short residential course or, more usually, attendance at a day or evening centre. In criminal proceedings, the courts may order payment of compensation, impose a fine or grant a conditional or absolute discharge. The Government believes that parents should be required to pay fines and compensation incurred by juvenile offenders. It is therefore proposing to tighten the law, under which courts would have to take into account parents' means as well as those of the juvenile when deciding the amount of a fine or compensation. Offenders may be ordered to spend a total of up to 24 hours) of their Saturday leisure time (up to three hours on any one occasion) at an attendance centre. The centres, which provide physical education and instruction in practical subjects, are for those found guilty of offences for which older people could be sent to prison. Offenders aged 16 may be ordered to perform up to 120 hours of community service. Boys aged between 14 and 16, for whom a non-custodial sentence would not be appropriate, may be sent to a young offender institution; for those aged 14 the period is between three weeks and four months and for those aged 15 to 16 the maximum of 12 months. This sentence is also available for girls from the age of 15. In the case of a very serious crime, detention is a place approved by the Home Secretary may be ordered, and must be ordered in the case of homicide. The custodial sentence for those aged between 17 and 20 years is also detention in a young offender's institution. The use of custody for this group, as with younger juvenile offenders, has dropped in recent years. From June 1985 to February 1990 the number detained as young offenders decreased from 10,104 to 6,238; of these the number of juveniles declined from 1,078 to 289. Detainees are eligible for parole and all are supervised on release. Alternative penalties include fines and compensation, attendance centre orders and community service (between 40 and 240 hours). The Government is proposing major changes in arrangements for dealing with young offenders aged 16 and 17. In future both would appear in the juvenile court, which would be renamed the youth court. The maximum length of a community service order for 16-year-olds would be extended to 240 hours, thereby bringing this into line with the arrangements for 17-year-olds. In addition, both groups would be eligible for the proposed combined probation and community service order. The Government believes that custody could be abolished for 15-, 16-, and 17-year-old girls and for 14-year-old boys, but that is should remain as an option for boys between 15 and 17. Custodial sentencing arrangements for 17-year-olds would be the same as those for 15- and 16-year-olds. Scotland In Scotland the age of criminal responsibility is eight years but prosecution of children under the age of 16 years in court is rare and normally takes place only where the offence is of a serious nature, or where a child is prosecuted together with an adult. Instead, children under 16 (or in certain circumstances those aged between 16 and 18 if subject to a supervision requirement) who have committed an offence or are considered to be in need of care and protection may be brought before a children's hearing consisting of three lay people drawn from a panel for each region or islands area. The hearing determines in an informal setting whether compulsory measures of care are required and, if so, the form they should take. An official 'reporter' decides whether a child should come before a hearing. If the grounds for referral are not accepted by the child or parents, or if the child is incapable of understanding the explanation of the grounds, the case goes to the sheriff for proof. If he finds the grounds established, the sheriff remits the case to the reporter to arrange a hearing. The sheriff also decides appeals against any decision of a children's hearing. Custody is available to the courts for young people aged between 16 and 21; as in England and Wales they serve their sentence in a young offenders' institution. Remission of part of the sentence for good behaviour, release on parole and supervision on release are available. Northern Ireland Children between the ages of 10 and 13 and young persons between the ages of 14 and 16 who are charged with a criminal offence will normally be brought before a juvenile court. If found guilty of an offence punishable in the case of an adult by imprisonment, the court may order the child or young person to be placed in the care of a fit person, under supervision (if a child) or on probation. The offender may also be required to attend a day attendance centre, be sent to a training school or committed to custody in a remand home. Other options include a conditional or absolute discharge, a fine, costs, damages or payment of compensation. Parents or guardians may be required to ensure the person's good behaviour. If the court decides that care, protection or control are necessary, or if the child or young person has consistently failed to attend school, it may place the individual in a training school, commit him or her to the care of a fit person, order the parent or guardian to exercise proper care or guardianship, or make a supervision order. Offenders aged between 17 and 21 who receive custodial sentences of less than three years serve them in a young offenders' centre. Civil Justice The Civil Law The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and torts (non-contractual wrongful acts suffered by one person at the hands of another). It also includes constitutional, administrative, industrial, maritime and ecclesiastical law. Scottish civil law has its own, often similar, branches.