This item was published during the term of a previous administration that ended in April 2007
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Bill aims to tackle reoffending
07/03/2005
Measures to tackle Scotlands high re-offending rates and
improve the way criminal justice services manage offenders
were published today as part of the new Management of
Offenders etc. (Scotland) Bill.
The Bill takes forward a number of policy commitments
from the Criminal Justice Plan launched in December. And
among its key provisions are plans to:
- Place a statutory duty on local authorities, the
Scottish Prison Service and others involved to work
together in local partnerships to develop and implement
local plans to manage offenders and reduce
re-offending.
- Establish a Home Detention Curfew scheme to allow
certain low risk prisoners nearing the end of their
sentences to serve the remainder of their term in the
community, subject to an electronically monitored
curfew.
- Require the police, local authorities and the
Scottish Prison Service to establish joint arrangements
for assessing and managing the risk posed by sex
offenders.
- Give the courts greater powers to take action
against those who fail to comply with the terms of the
sex offenders registration scheme.
- Enable the Criminal Injuries Compensation Authority
to recover funds paid to victims of crime, from the
perpetrators.
Justice Minister Cathy Jamieson said:
"Re-offending is not just a problem for each offender
and their family, but every community in Scotland. While
there is no easy solution to this, sending offenders to
prison for short periods during which little can be done to
tackle the root cause of their offending behaviour is not
the answer.
"We must do more to improve the integration of services
for offenders so that they cannot fall between any gaps in
services and the organisations that provide them. We must
ensure all agencies involved in the management of offenders
work together effectively to tackle re-offending - and we
will be placing a statutory duty upon them to ensure that
happens.
"As well as improving the management of offenders in
Scotland - in prison, on release and in the community - we
are also determined to introduce tighter controls on a
group of offenders that generate the greatest public
concern - sex offenders. Thats why the Bill will require
the police, local authorities and the Scottish Prison
Service to establish joint arrangements for assessing and
managing the risk posed by sex offenders, and tighten up
the law to ensure the courts can act against those who
breach the terms of the sex offenders registration scheme
by failing to initially register their address or register
a change in address.
"The broad range of measures in the Bill demonstrates
this Executives determination to get to grips with
Scotlands re-offending problem. Where offenders are
determined to change their ways they will have the support
to do so. Those who refuse to accept that support will no
longer be able to blame the system and expect the public to
suffer the consequences. We remain firmly on the side of
the law abiding majority and will ensure that we continue
to strengthen the law to protect the public from the
law-breaking few."
Around six out of 10 prisoners are reconvicted within
two years of their release from prison. The key objective
of the Bill is therefore to improve the management of
offenders - in prison and in the community - to reduce
these unacceptably high re-offending rates.
This Bill takes forward in legislation many of the
proposals to tackle re-offending set out in Decembers
Criminal Justice Plan. The key proposals for improving the
way criminal justice services work together to address
re-offending include:
- Establishing a national advisory body for offender
management (this is an important feature of the new
arrangements but is not included in the Bill as it does
not require legislation). This will be chaired by the
Minister, with members drawn from across criminal
justice services and will develop a national strategy
to reduce re-offending and take on responsibility for
monitoring Scottish Prison Service performance on
offender management.
- Placing a statutory duty on SPS and local
authorities to work together to reduce re-offending and
ensure they form effective local area partnerships to
deliver integrated services for offenders in prison and
the community
- Bringing local councils together into new Community
Justice Authorities (CJAs) to ensure criminal justice
social work services are as joined-up as possible.
These CJAs will in future receive the community
component of criminal justice funding and be
responsible for ensuring this is used effectively
across the CJAs area.
- Giving Ministers new powers to ensure compliance
with the new duties, plus powers of intervention where
performance is unsatisfactory.
Subject to the Parliamentary process, CJAs are expected
to be established from April 2006 and engaged in the
drawing up of area plans during 2006-07, with 2007-08 being
the first year fully under the new arrangements.
To improve transition from prison to the community - a
period of abrupt change which can lead to a return to old
ways and re-offending, the Bill will introduce Home
Detention Curfews to enable selected low-risk prisoners to
spend the last part of their sentence in the community,
subject to an electronically monitored curfew. This will
give them an opportunity to re-engage with family, training
and employment opportunities to ease their reintegration
into society and reduce their likelihood of re-offending.
However, if they break the terms of the curfew they will be
returned to prison.
HDCs are expected to begin from April 2006.
The Bill includes specific provisions for dealing with
serious and sexual offenders. It requires the police, local
authorities and SPS to establish joint arrangements for
assessing and managing the risk posed by serious and sex
offenders, including the sharing of information, helping to
support the work of the Risk Management Authority.
It will also tighten the UK Sexual Offences Act 2003
(previously section 3 of the Sex Offenders Act 1997), by
broadening the range of courts that will have the
jurisdiction to consider proceedings against anyone charged
with a sexual offence who has failed to comply with
registration requirements, for example by initially failing
to register with the police and then moving to another part
of the country.
Finally, the Bill will take steps to ensure that where
possible, the courts will be able to recover the cost of
compensation awarded to the victims of crime from the
Criminal Injuries Compensation Authority from criminals who
have, or later acquire, the means to pay. While, it is only
right that innocent victims are appropriately compensated,
Ministers are determined to send a message to criminals
that crime does not pay and that the public purse cannot be
expected to continually pick up the tab for their
criminality.
Copies of the Management of Offenders etc. (Scotland)
Bill can be accessed on the Scottish Parliament website:
http://www.scottish.parliament.uk/business/bills/index.htm