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Nacro's response to Breaking the Cycle Green Paper

Nacro's response to Breaking the Cycle Green Paper

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<strong>Breaking</strong> <strong>the</strong> <strong>Cycle</strong>: Nacro’s <strong>response</strong> | 46avoided – it is contrary <strong>to</strong> <strong>the</strong> underpinning principles of <strong>the</strong> panel system. However, safeguardsagainst disproportionality and unfairness should be bolstered, including legal oversight.The current guidance should be reviewed with less emphasis on traditional youth offending teaminterventions, less on reparation (unless meaningful and relevant) with more of an emphasis onres<strong>to</strong>rative conferencing involving <strong>the</strong> family and friends of <strong>the</strong> offender, as far as is appropriate.Nacro believes that RJ is a measure that has wider application outside of <strong>the</strong> youth justicesystem. It is one of <strong>the</strong> interventions that resonates powerfully with victims of crime andenables a process of healing <strong>to</strong> take place. Some offenders also find <strong>the</strong> experience achallenging but ultimately positive one, citing awareness of <strong>the</strong> impact of <strong>the</strong>ir crime on victimsas being a particularly strong influence in desistance. However, victim-offender mediation andres<strong>to</strong>rative conferencing is not a cheap option. Nei<strong>the</strong>r is it suitable in all cases. Expert, suitablyqualified practitioners and effective multi-agency partnerships must be in place <strong>to</strong> ensure highqualityservice provision. The voluntary sec<strong>to</strong>r can be an effective partner in RJ models, with astrong track record of achieving participation and engagement of both offender and victim.Q50 How can we increase <strong>the</strong> effective enforcement of youth sentencing?Overall, Nacro favours an approach that works <strong>to</strong> gain compliance, but safeguards must be inplace <strong>to</strong> ensure that over-reliance on compliance panels does not become counter-productive,nor has <strong>the</strong> perverse outcome of increasing (as opposed <strong>to</strong> reducing) <strong>the</strong> number of breachesand detracting from professional discretion. That said, panels may provide some scope for <strong>the</strong>review of orders and revocation wherever possible. There is a place for panels and this shouldbe at <strong>the</strong> point of complete failure <strong>to</strong> comply/at <strong>the</strong> start of breach proceedings.Supervision/sentence plans should be clear on what elements are enforceable and which arenot. This can be articulated through <strong>the</strong> deployment of primary and secondary contracts with<strong>the</strong> offender. The notion of breach being applied only where <strong>the</strong>re is a failure <strong>to</strong> work <strong>to</strong>wards<strong>the</strong> main achievable aims and objectives of supervision should be established, as opposed<strong>to</strong> breaching only for process points. Thus, difficulty in keeping <strong>to</strong> what can be complex diaryand travel arrangements without positive adult support or in <strong>the</strong> face of domestic stress shouldbe addressed via innovative and imaginative methods of attrition prevention. We know thatvoluntary and community sec<strong>to</strong>r organisations are particularly effective in engaging youngpeople and that <strong>the</strong>ir ethos and methods of work can secure better outcomes. Attritionrates and improved levels of compliance will be achieved through <strong>the</strong> greater involvement ofvoluntary and community sec<strong>to</strong>r organisations in <strong>the</strong> delivery of services.Q51 How can we succeed in reducing <strong>the</strong> need for cus<strong>to</strong>dial remand for youngpeople?The proposed single remand order is tentatively welcomed, but this is entirely dependen<strong>to</strong>n <strong>the</strong> detail. For example, a single order based on a straight remand in cus<strong>to</strong>dy would beregressive and inappropriate and contrary <strong>to</strong> children’s rights.

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