Let's get it right: race and justice 2000 - Nacro

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Let’s get it rightCHAPTER7After sentence:prison andprobationservicesThe probation serviceThere are at present 54 probation services in England andWales. They are – among many other duties - responsiblefor preparing reports to court before sentence of anoffender, and supervising those given communitypunishments rather than custodial sentences.In 1997, Home Office figures show that 7% of thosecommencing probation orders, 10% of those commencingcommunity service orders and 10% commencingcombination orders were from minority groups. 10% ofpre-sentence reports were prepared on minoritydefendants. Home Office figures also suggest that blackpeople were two to three times more likely than whitepeople or people from other ethnic groups to start acriminal supervision order.Black people are therefore over-represented as offendersin probation caseloads but not to the same extent as theyare, for example, in police stop and search figures or inthe prison population (see below).The Hood research mentioned in chapter 4 looked at noncustodialsentences awarded in the Crown Courts. It foundthat judges were more likely to choose a ‘high tariff’alternative to custody for black defendants than for whites;black adult males were dealt with at a higher point in thescale of punishment than were similar white offenders.Neither African Caribbean nor Asian defendants wereplaced on probation as often as white defendants. Partly,the Hood research said, this was due to probation officersless readily recommending probation (they recommendedprobation for 26% of white defendants compared to 16%of black and 9% of Asian defendants). Fewer blackdefendants had social inquiry reports (as pre-sentencereports were then called). In addition:‘Those black adults who were recommended forprobation were still less likely to receive it thanwhites and more likely, if they did not go toprison, to get instead a more severe sentence:either a CSO or a suspended term ofimprisonment. The same was true forrecommendations for a community service order:substantially more blacks got instead a suspendedsentence.’Hood observed:‘It is widely feared that this “up-tariffing” as it has40
RACE AND JUSTICE 2000CHAPTER 7 AFTER SENTENCEbeen commonly and crudely called is a factorwhich puts blacks at more risk for receiving acustodial sentence should they re-appear on freshcharges.’It is therefore important that probation services can offerto sentencers a range of non-custodial penaltiesappropriate for all members of the community.Probation services, ACOP (the Association of ChiefOfficers of Probation) and the staff associations NAPO(National Association of Probation Officers) and ABPO(Association of Black Probation Officers) have beenworking to achieve equality in both pre-sentence reportsand provision of community punishments for many years.At local level, different services have a range of projectstargeted at minority offenders and work closely with otherstatutory and voluntary agencies to develop these further.In its work with Area Committees, NACRO has comeacross many examples of good practice that could serveas models for other areas.Greater Manchester Probation Service (GMPS) providedsupport and resources to enable the first ever conferenceof black prisoner support groups to be held. It alsoconducted user surveys: in 1994 a survey of informationon 50 black offenders looked at offence type, risk to thepublic and sentence, as well as personal details such asage. Key issues identified were: the high risk ofimprisonment faced by black offenders; low take up ratefor probation supervision; and black prisoners servinglong sentences.In 1997, a report called ‘Black Voices Telling Us HowThey Feel’ was prepared for GMPS by the Partners ofPrisoners and Families Support Group and the BlackPrisoners Support Group. The researchers interviewed 36black probation service users to look at what services andfacilities were offered, and what barriers prevented moreuse of these services.The survey found that users had a positive view of theprobation service but more needed to be done to makesure that they were aware of what was on offer. There wasa difference between offenders on probation orderscompared to those being supervised after custody, whowere more negative and viewed supervision as a doublepunishment. The three women in the survey pointed outthe problems that arose because of their caringresponsibilities.In 1996 GMPS commissioned an independent researcherto evaluate hostel provision for offenders. Only about 5%of residents came from minority ethnic groups, althoughat the time they made up 13% of the local prisonpopulation. The research looked at why there were so fewminority clients in supported offender hostels, and whatorganisations could do to make their projects moreculturally sensitive to the needs of minority residents. Itconcluded that:‘Despite a strong desire to develop a moreculturally sensitive service for ethnic minorityresidents of offender accommodation, the majorityof providers find it difficult to implement effectivepolicies which bring about change.’The report made recommendations about referrals, linksto minority ethnic agencies, monitoring, training, creatinga multi-cultural environment, customer surveys, and theemployment of black staff. It recommended that eachaccommodation project adopt an action plan forimplementing these recommendations.This approach to work on race helps to highlight keyissues for future probation service work:Youth offending teamsThe Crime and Disorder Act 1998 includes a newstructure for national and local youth justice work,along with new sentencing powers to deal with youngoffenders. Probation services will need to work closelywith other agencies in youth offending teams and toensure that all young people receive fair treatmentunder the new provisions and have equal access topositive programmes to counter offending behaviour.Government guidance on establishing youth offendingteams includes the need for YOTs to undertake ethnicmonitoring, to take account of information publishedunder s95 of the Criminal Justice Act 1991 and,importantly, to consult local communities to ensureyouth justice arrangements deal fairly with all youngpeople.The Youth Justice Board for England and Wales,established in September 1998, will monitor the youthjustice system.Support for voluntary and community groupsProbation services should work closely with andsupport community-based groups working withoffenders, as in the example above in Manchester, or41
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