Criminal Justice Policy: Status Report

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A decision made 7 November 2011:

Decision Reference: MD-HA-2011-0071
Decision Summary Title :	Criminal Justice Policy Status Report		Date of Decision Summary:	28 October 2011
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Criminal Justice Policy Status Report		Date of Written Report:	27 October 2011
Written Report Author:	Chief Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Criminal Justice Policy – status report.
Decision(s): The Minister noted and accepted the status report in respect of the Criminal Justice Policy.
Reason(s) for Decision: Mindful that there may be a change of Minister for Home Affairs in November 2011, it was decided that the current Minister should consider and, if appropriate, accept the progress that has been made to date on the Criminal Justice Policy during his tenure as Minister.
Resource Implications: There are no manpower or resource implications arising from this decision.
Action required: The Chief Officer, Home Affairs, to bring the progress on the Criminal Justice Policy to the attention of the next Minister when he or she takes up their post.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Criminal Justice Policy: Status Report

Home Affairs Department

CRIMINAL JUSTICE POLICY STATUS REPORT

Introduction

1. Following its adoption by the States on the 20th November 2007, the Department has monitored progress on the Criminal Justice Policy Action Plan contained in Appendix 3 of the Policy.

2. The attached appendices show the status of the Action Plan as at October 2011 in terms of those objectives completed; objectives in progress; and those objectives which have yet to commence. To date, of the 35 objectives, 18 have been completed; 11 remain in progress; and 6 have yet to commence.

3. The next Minister for Home Affairs will be requested to consider, firstly, whether to proceed with any of the objectives that have yet to commence, in particular objective 29 – the introduction of a system of discretionary supervised release. Secondly, as it has been 5 years since the Criminal Justice Policy’s approval, it may be necessary to conduct a wider review of the Policy to re-validate it and take account of, inter alia, criminal justice trends elsewhere, the evolving nature of criminal behaviour and criminal justice in Jersey, public and political attitudes to crime, sentencing and rehabilitation, etc.

Recommendation

4. The Minister is requested to note and accept the status report on the Criminal Justice Policy as detailed in Appendices 1 to 3 so that the next Minister for Home Affairs can decide how to take the Criminal Justice Policy forward over the next 3 years.

S W AUSTIN-VAUTIER

Chief Officer 27th October 2011

Appendices:

1. Action Plan Objectives Completed.

2. Action Plan Objectives In Progress.

3. Action Plan Objectives Yet to Commence.

Criminal Justice Policy - Action Plan Objectives - Completed (as at October 2011):

Objective Number	Description	Comment
2.	Establish a Victims’ Agencies Forum to bring together agencies representing the victims of crime and witnesses.	The Victims’ Agencies Forum (VAF) was established soon after the Criminal Justice Policy was adopted but proceedings were suspended in 2008 when other victims’ liaison groups were set up in connection with the Historical Child Abuse Inquiry and its aftermath. The VAF has a wider remit, however, and its future need and role will be reviewed by Dr. Helen Miles as part of the Criminal Justice Process Review she is carrying out in connection with the Comprehensive Spending Review.
3.	Promote effective joint working, not only between the criminal justice agencies, but also the partner agencies in the public, private and voluntary sectors.	In 2009, effective partnerships developed in the private and voluntary sectors through Safer St Helier, taxi-marshal scheme, Nite-Net radio for pubs, clubs and taxis. Further initiatives are kept under review through Strategic Plan (SP) Priority 7 framework and the associated working group.
4.	Establish a forum for criminal justice policy and planning involving the executive, the judiciary and the prosecution.	Although the incumbents of the posts of Bailiff, Deputy Bailiff and Attorney General have changed since the Policy was adopted, the informal arrangements for discussion agreed previously endure. During 2011, the Minister has used the forum to have important discussions on the repatriation of foreign prisoners and the future use of restricted or unrestricted transfers of prisoners to the UK.
5.	In partnership with the Health and Social Services Department, take the lead in implementing the Building a Safer Society (BaSS) Strategy and monitoring its progress.	Delivery frameworks have been reviewed to tie in with Strategic Plan (SP) Priority 7 and an evidence-led approach. Although the BaSS strategy and principles endure, one of the two full-time BaSS posts was lost in the Comprehensive Spending Review, and the one remaining post is now part-time. Inevitably, therefore, work is more focussed on priorities and governance is achieved through the SP7 Group rather than the former Community Safety Partnership.
6.	Implement appropriate recommendations of the Bull Report approved by the States of Jersey.	Completed, but youth justice issues being re-considered through the Children’s Policy Group and in the context of the Children and Young People’s Plan. Williamson recommendations being implemented by H&SS.
7.	Support the States of Jersey Police in the achievement of its Policing Plan priorities.	Ongoing annually - `Business As Usual’.
8.	Maximise intelligence collecting and sharing with other jurisdictions in order to combat imported crime, particularly drug trafficking and, where appropriate, seek to have criminals arrested and drugs seized before they arrive in the Island.	Ongoing work of the Joint Intelligence Bureau. Close working relationships between DNRED (French Customs) and UK agencies.
9.	Urge the courts to continue to maximise the use of community penalties and to reserve custody for dealing with the most serious offences, where the protection of the public is a major consideration and where offenders have a history of not responding to community penalties.	Actioned in conjunction with the forum at objective 4 and through the Probation Service and Probation Board. Similarly, objective 10 gives the Court greater scope for non-custodial sentencing.
10.	Support the proposal to give the Royal Court greater flexibility in sentencing by increasing the maximum level of community service to 480 hours as an alternative to 3 years’ imprisonment.	Actioned. 11 January 2008.
11.	Maximise the use of transfers where prisoners can demonstrate links with England and Wales, thereby reducing significantly the cost to the public.	Actioned and ongoing. In 2005, 25-30 were being paid for in UK prisons at a cost of £1m p.a. By 2010, there were 5 costing £200k p.a. This is currently the position in 2011. Within the CSR, a Repatriation of Prisoners Law has been passed by the States and a working group is looking into the extension to Jersey of EU Directives on the Repatriation of Sentenced Persons to facilitate the repatriation of foreign prisoners, as well as reviewing the position with restricted transfers to the UK.
12.	During 2007, bring in the Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- to combat anti-social behaviour, but support the role of the Parish Hall Enquiry in dealing with less serious anti-social behaviour and nuisance.	Actioned. 21 November 2008.
13.	Explore further life-long learning opportunities for prisoners in consultation with the Education, Sport and Culture Department and the Skills Executive.	The Prison now has its own Learning & Development Department and a Library & Resources Centre.
14.	Establish a Prison Education Unit in partnership with Highlands College.	Actioned see (13).
15.	Implement the Prison Performance Improvement Plan in accordance with available resources and a timetable agreed by the Council of Ministers.	163 key recommendations were made in the 2005 HMCIP Report and of these, only 10 remain outstanding. 5 were not accepted, 2 (related to prisoner visits and facilities for children) will be addressed by the introduction of a new visit room currently under construction (scheduled for completion in June 2012) and the remaining 3 are in the process of being addressed.
22.	Investigate whether a more ‘customer-friendly’ approach to the payment of fines for parking, etc., might be made available through fixed penalties.	Achieved, but not through the introduction of fixed penalty notices which would have required a specific funding stream. Parking fines for St.Helier - the majority can now be made on-line through the States website (gov.je).
26.	In conjunction with the Law Officers’ Department, investigate ways of expanding powers in relation to civil asset recovery with the aim of introducing in the first instance by 2008, legislation to assist other jurisdictions to recover such assets.	Actioned through the introduction of the Civil Asset Recovery (International Co-Operation)(Jersey) Law, 2007 dated 28th December 2007. In July 2011, the current Attorney General has set up a Working Group to work on Phase 2, ie: to introduce powers for civil asset recovery at the instigation of the Island authorities such that any assets recovered would accrue to the Island.
27.	Investigate greater use of the Electronic Monitoring Scheme as part of the proposals for post-custodial supervision.	The Supervised Release of Offenders law did not proceed as planned, and the take up for `tagging’ compared to other types of temporary release was low (an average of 6 at any one time). In 2009, it was observed that £138,000 could be saved by stopping the contract with G4S. This was made possible because the Honorary Police, mainly in St.Helier, agreed to carry out spot checks through home detention curfew visits in lieu of tagging. There continue to be negligible breaches of this privilege.
32.	Introduce a Sex Offenders Law in 2008	Actioned - States approved P132/2009 on 5th October 2009.

Criminal Justice Policy – Action Plan Objectives - In Progress (as at October 2011):

Objective Number	Description	Comment
1.	Continue to produce co-ordinated criminal justice statistics annually using current systems through joint working between criminal justice agencies.	Statistics to be brought fully up-to-date in 2011 to include 2008-2010 data as part of the Criminal Justice Process Review being led by Dr. Helen Miles.
16.	Implement the recommendations of the Integrated Criminal Justice Scoping Study through the Criminal Justice Information Strategy Group (CJISG).	This is a long-term project to 2015. There were 2 main projects in 2009/10: 1) A working party analysed data flows in the CJS to examine ways of streamlining processes. 2) The Prison PIMS system was linked with the Probation DAISy system through software called COR. The terms of reference for the Criminal Justice Process Review cover work that the CJISG would have been engaged in. Moreover, the working group that Dr. Helen Miles is putting together to carry out the CJ Process Review mirrors the CJISG. Dr. Miles has therefore subsumed the CJISG work within her Review. Many of the efficiencies envisaged as a result of the review are expected to be related to the flow of criminal justice information.
19.	Develop the framework and law drafting instructions for a police authority for establishment during 2008.	A range of procedural and funding difficulties held up progress with the establishment of a police authority. A detailed report was prepared for the Minister in Feb 2010. Subsequently, the Minister developed the broad framework for the police authority with the assistance of a political working group of 6 States members. The States gave agreement in principle to the framework through P192/2010 debated on the 2nd Feb 2011. The new States of Jersey Police Force (Jersey) Law 201-, which incorporates the police authority provisions, is expected to be lodged in early November 2011. A separate law, the Connétables (Miscellaneous Provisions)(Jersey) Law, 201-, will be lodged by the Comité des Connétables in early 2012 in order to remove the Connétables’ policing role. Owing to the approval process for new legislation, it will not be possible to establish the police authority before the second half of 2012.
20.	Plan for anticipated changes in crime levels according to the predicted population profile and any effects of migration policy.	The latest assessment is for relatively slow growth in the overall population; a static number of young people; with the greatest area of population growth in older people with the number of those over 65 doubling by 2040. Crime levels continue to fall year on year.
21.	Having regard to Recommendation 9(4) of the Social Policy Framework and agreed Safer St. Helier initiatives, analyse the nature and effect of anti-social behaviour in Jersey and, in consultation with other agencies and the community, seek appropriate solutions.	As part of the intelligence model for researching and analysing current issues (S2R2), the Strategic Plan Priority 7 Steering Group set up a multi-agency Anti-Social Behaviour Working Group. Their work is at an advanced stage and will report back to the Steering Group later in the year. First indications are that anti-social behaviour is less of an issue than was first thought.
24.	In consultation with the Honorary Police, Probation and After-Care Service and others, continue to support the Parish Hall Enquiry (PHE) system and consider further ways in which it can be strengthened.	The BaSS Restorative Justice Project has proved to be very successful in youth PHEs and, consequently, is being rolled out to adult PHEs in appropriate cases. This has been a very cost-effective BaSS-funded project. There are likely to be recommendations for change emanating from, firstly, the CSR Criminal Justice Process Review and, secondly, the Youth Justice Review as part of the Children and Young People’s Plan.
25.	Enter into discussions with the Bailiff over sentencing policy.	There are currently no live discussions on this. It remains an area that successive Ministers would need to take a policy view on. If discussions are to be held, they would need to be initiated through objective 4 - forum with the Bailiff/prosecution.
28.	In 2007, seek approval for new post-custodial supervision legislation in order to introduce a system of discretionary supervised release.	The Minister has conducted a review of the draft law and discussed options with the Bailiff. It was decided subsequently to place this on hold as his policy preference was for the current system of a combination of remission at 2/3rds and temporary release as a rehabilitative tool. The next Minister will need to decide whether to pursue a parole system, which would be preceded by a review of the terms outlined in the Criminal Justice Policy, in conjunction with the repatriation measures. A draft Supervised Release of Offenders Law remains available which could be amended to reflect any revised policy on parole.
33.	As a member of the Corporate Parent, continue policy discussions with the Royal Court and Youth Court, particularly with regard to court options and residential/secure care.	Discussions are ongoing with H&SS and ESC within the Children’s Policy Group (which replaced the Corporate Parent). The policy will be part of the Children and Young People’s Plan currently in preparation.
34.	Lead a cross-departmental working group reviewing the arrangements for vetting and barring in the Island to take account of the Vetting and Barring Scheme being introduced in the U.K. in a phased roll-out from Autumn 2008.	Being actioned in two stages: Stage 1 - to achieve access to the CRB in order to improve vetting processes and maintain access to barred lists. The Jersey Vetting Bureau was set up in early 2011 and new vetting procedures were brought into force in States departments. Achieved. Stage 2 remains in abeyance whilst the UK Coalition Government considers what it regards as “sensible proportions” in relation to the vetting and barring arrangements. UK public spending pressures will have a bearing on this. A review of the size of the Criminal Records Bureau and the Independent Safeguarding Authority, and how they relate to each other, is already under way. As a result, policy development on vetting and barring in Jersey will remain in abeyance until the UK policy becomes clear.
35.	Consult on a new Criminal Procedure Law during 2008.	Delayed. This project is being managed by the Law Officers Department but is currently a low priority for them.

Criminal Justice Policy - Action Plan Objectives - Yet to Commence (as at October 2011):

Objective Number	Description	Comment
17.	Update the Victims’ Charter in order to take account of significant developments since its initial publication such as human rights and data protection legislation, the Rehabilitation of Offenders Law, restorative justice techniques, media interest, the increased jurisdiction of the lower criminal and civil courts and the UK’s experience in developing the ‘New Deal’ initiative.	The Victims’ Charter will be reviewed as part of the Criminal Justice Process Review being carried out by Dr. Helen Miles with effect from Sep 2011.
18.	Review the provisions of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1997, to make it less restrictive so that victims and witnesses could present their evidence without fear of intimidation or retribution.	Being reviewed by the SoJP (DCI Fossey).
23.	Investigate the suitability of fixed site, automated enforcement cameras for Jersey and whether their introduction would be cost-effective.	No funding or political will for this measure at present.
29.	Subject to the approval of new legislation, introduce a system of discretionary supervised release during 2008.	Linked to objective 28 – see comments in the summary of objectives in progress.
30.	Carry out a Crime Victimisation Survey every 3 years, subject to resources being available, in order to gauge the public’s perception of safety, the levels of unreported crime, the needs of victims, and the quality and extent of assistance given.	Last survey in 2005. Unlikely to take place in the foreseeable future due to a) lack of funding to carry out a survey, and b), lack of Departmental capacity, the previous 2 surveys having been organised and managed by the post holder whose post was lost as part of the Comprehensive Spending Review voluntary redundancy programme.
31.	Subject to the legal position, introduce additional powers of detention for ‘wanted’ migrants and a dangerous persons register.	Currently, there are no specific powers to detain or `turn away’ at the borders persons who have criminal records that are of particular concern. There are, however, two recent initiatives which help significantly to mitigate the effects of the perceived problem. First, the Repatriation of Prisoners (Jersey) Law, 201- will militate against UK and foreign prisoners from serving their sentences in Jersey and then settling here upon release. Second, the introduction of a `sex offenders register’, ie: notification requirements under the Sex Offenders (Jersey) Law, 2010 is helping significantly to manage those offenders who might present a risk to the public.