Nacro's response to Breaking the Cycle Green Paper

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Breaking the Cycle: Nacro’s response | 40Q33 What should be the requirements on the courts to explain the sentence?In line with the above, in explaining the sentence, the sentencer should ensure the following:• The offender properly understands and, in the case of a community sentence, is preparedto comply.• The victim understands the punishment that has been applied and any reparation that isenvisaged.• The public can understand what is happening to punish the offender for the offences/he committed.In the case of the first audience (the offender), any explanation in court should be followedup by robust and consistent induction procedures applied at the start of any sentence. Nacroknows from its own research that lack of understanding of the terms of a licence is one of themain reasons for young offenders failing to comply. 26In the case of the second audience (victims) they should have the opportunity to be informed asto the facts of the sentence imposed and the intended purpose of any rehabilitative elements ofsentence. This could be done by way of a short written summary provided by the court.Q34 How can we better explain sentencing to the public?Any attempt to raise public confidence must start at the point of sentence. The more the publicunderstand about sentences, the more accepting they are. For example, the majority of people,when it is explained to them, understand the logic of prison sentences being served part incustody and part in the community. But we must find more compelling ways of engaging withthe public and explaining what happens when an offender goes to prison or is sentenced to acommunity order.There is a need for much greater understanding of community orders and to articulateinformation about requirements so that the public has a fuller understanding of how offendersare both punished and rehabilitated. Equally, there is a need to inform the public about howprison sentences work. The confusion around prison sentences often lies in the lack of clarityaround the fact that part of the sentence is served in the community and part in custody. Somesentences entail supervision post release, and again there is a need for better understandingabout how this is delivered. There is a raft of (judicial and other) opinion that says that to tryand explain the intricacies of a custodial sentence to the general public is just too difficult.However, anything other than present practice would represent an improvement.Public opinion tends to be formed more on the basis of hearsay and impressions formed on the26 Ford J Nacro young adults on release from custody: a study of reasons for breach of licence conditionsUnpublished. 2008
Breaking the Cycle: Nacro’s response | 41basis of the media – both factual and fictional – than on the basis of dry facts and, in particular,statistics. The public is also much less likely to express an opinion on those parts of thecriminal justice system with which they are less familiar or feel less likely to have any dealingswith. Hence, as British Crime Survey reports have shown over time, they are far more likely toexpress an opinion about the police than about any other criminal justice agency.This would suggest that investing heavily in generalised public information campaigns aboutsentencing may have little effect. Rather, it may be important to consider developing astrategic, proactive approach to correcting the misleading impression which is given whenindividual but atypical cases hit the headlines. Such a strategy would need to have a local aswell as a national dimension since the local media may be particularly influential in this context.One aspect to this might be a proactive approach by the courts to publicising the explanationsgiven for sentences in specific cases.Q35 How best can we increase understanding of prison sentences?Our answer to this question is addressed above under Q34.Q37 How can we make community sentencing most effective in preventingpersistent offending?Work by King’s College provides useful data on how the community order and the suspendedsentence order are used but also shows that there is a need for much more detailed explorationof how community sentences operate and what is most effective in preventing reoffending. 27Their analysis revealed that: ‘The predicted rate of reconviction for offenders serving courtorders was 37.5%, which is 1.4% higher than the actual rate of 36.1%. This means that therewas a 1.4% reduction in reconviction in 2006. This is only the second time since 2000 thatthere has been a reduction in the reconviction rates when comparing the actual rate with thepredicted rate for a one-year period.’The same report points to the fact that: ‘There is very little evidence of innovation and somerequirements have been used very rarely indeed – notably alcohol treatment, mental healthtreatment, prohibited activity, residence, exclusion and attendance centre requirements.’It highlights the concerns of probation staff about the non-availability or restricted availabilityof unpaid work, the cancellation of one-to-one programmes, major problems and delays withdomestic violence programmes, and the unavailability of drink-impaired driving programmes,substance abuse treatment, and community and internet sex offender requirements.27 King’s College Centre for Crime and Justice Studies (2008) Community Sentences Digest London: Kings College
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Nacro's response to Breaking the Cycle Green Paper

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