March 17, 2008: Sentencing Crisis, Says Napo

Magistrates Courts in England and Wales are no longer able to impose certain community sentences, or are being told to expect severe delays before programmes can start, because of a major probation resources crisis. The ability of the courts to sentence as they see fit is therefore being undermined. The crisis will not, in probation union Napo’s view, be alleviated by the alleged new money provided to Probation on 11 March 2008. It will at best partially rescind cuts planned for 2008/9.

A Napo survey of 35 of the 42 Probation Areas carried out this year shows that many courts are either unable to attach requirements, such as Unpaid Work, to orders, or are being told that there is considerable delay before community programmes can commence.

The survey shows that 34 of the 35 Areas who responded have reported problems in providing the supervisory service that the courts require. Restrictions include the non-availability or restricted availability of Unpaid Work, cancellation of one-to-one programmes, major problems and delays with Domestic Violence Programmes, and the non-availability of Drink Impaired Driving Programmes, Substance Abuse Treatment, and Community and Internet Sex Offender requirements.

All available evidence suggests that Programmes are successful at reducing re-offending, a fact reinforced by the National Audit Office report published in January 2008. Latest statistics show that 50% of those placed on a community order are reconvicted within 2 years compared with 66% of those jailed. These improvements are being undermined by the resource restrictions. The survey shows that 14 areas report problems with Unpaid Work, with some telling the courts that the sentence is not available at all or that there is severe delay before offenders can commence their work.

The survey highlights instances of delays of over 12 months before sex offender programmes commence. There are severe restrictions in the availability of Domestic Violence Programmes in 14 areas, with delays in commencements of over a year being commonplace, and often the order itself finishes before treatment has commenced. The treatment programme therefore does not happen.

In some cases, further allegations of violence have occurred during the waiting period. The survey also highlights the non-availability of Alcohol and Drug Treatment in some areas and severe delays in the availability of the Drink Impaired Driving Programme. There is a real concern in many areas that this successful work is being undermined and the public is being put at risk.

Napo Assistant General Secretary Harry Fletcher commented:

"There is extreme concern that there are now restrictions on the ability of sentencers to impose the sentences that are required in 80% of Probation Areas. The Ministry of Justice announced severe cuts to the probation budget in October 2007. It is welcome that these cuts have been partially rescinded."

"However, the sentencing crisis has occurred in the current financial year and, therefore, will continue for the foreseeable future. It is untenable that the will of the courts is being undermined. There is an urgent need for efficient financial management and planning from the centre. It is quite extraordinary that Probation Areas are days from the commencement of the new financial year and still do not have their budgets."

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