Criminal Justice Social Work 2006

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Criminal Justice Social Work2006
www.cjsw.ac.uk
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• Law Reform (Misc Provs) (Scotland) Act 1990
• National Objectives and Standards 1991revisions
• Prisoners and Criminal Proceedings (Scot) Act
  1993
• Criminal Procedures (Scotland) Act, 1995
• Children (Scotland) Act, 1995
• Sex Offenders Act 1997
• Crime and Punishment (Scotland) Act, 1997
• Commitment to Protect 1997
• A Safer Way 1998 A Better Way 2000
• Community Sentencing the Tough Option 1998
• Crime and Disorder Act 1998
• Human Rights Act 1998
• Getting Best Results Pathfinder, Accreditation
  1999
• Risk Assessment Guidance and Framework (RA1-4)
• Victims Charter
• Criminal Justice Act 2003
• Risk Management Authority
• Supporting Safer Stronger Communities Scotlands
  Criminal Justice Plan 2004
• Anti-Social Behaviour Act 2004

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Supporting Safer Stronger Communities
Scotlands Criminal Justice Plan 2004 the
current way we manage offenders is failing our
communities in its inability to make a
significant impact on re-offending rates.
services must be brought together in a smarter,
more strategic and co-ordinated way. National
Advisory Board 2006/07 Community Justice
Authorities, and Chief Officer 200 VISOR
violent sex offender registration MAPPA multi
agency public protection protocol RM2000 Scottish
Drug Enforcement Agency (SDEA) Antisocial
Behaviour etc (Scotland) Act 2004. Community
Wardens schemes Community Safety
Partnerships. Community Regeneration Fund
                                  
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Criminal Justice in Scotland is now set on a
different path that prevents and diverts,.
challenging offenders to return to alaw-abiding
lifestyle that supports victims above all a
path that reduces re-offending Our common
purpose is to protect our people. Our common task
is to reduce reoffending. And, our common tool is
effective offender management. (Cathy Jamieson
2006, (Scotlands Minister for Justice)
Reducing Reoffending National Strategy for the
Management of Offenders, Scottish Executive
Edinburgh,

•                                   

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Promote the social inclusion of offenders
through rehabilitation, so reducing the level of
offending (Justice Department 2001, p3)
Criminal Justice Social Work Services National
Priorities for 2001-2002 and onward There is a
balance to be struck. A balance between
protection and punishment and the chance .. to
change their behaviour and re-engage with the
community as full and productive members.
McConnell (2003)

•                                   

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• Reducing Re-Offending An Integrated Strategy?
• Closing the Opportunity Gap (CtOG)
• Prevent individuals or families from falling
  into poverty
• Provide routes out of poverty for individuals
  and families Sustain individuals or families
  in a lifestyle free from poverty
• Regenerating the most disadvantaged
  neighbourhoods
• (Scottish Executive, 2006 3-4).

•                                   

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• How well does CJSW/probation perform in
  comparison with other disposals in preventing or
  reducing offending and risk of harm to others?
• Evidence that attitudes, behaviours,
  circumstances of offenders change for the better
  as a consequence?
• Can CJSW/probation positively affect the custody
  rate?
• What proportion of orders are completed
  satisfactorily
• How cost effective is CJSW/probation compared to
  other options?
•                                   

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Absolute Discharge no conviction, no
penalty Admonition conviction, no
penalty Deferred Sentence not a
sentence Caution financial security Compensati
on Fines Fine Supervision Supervision and
Treatment Orders (SAOs) Probation standard,
conditions, intensive Community Service Orders (
CSO) Community Reparation Orders
(CRO) Restriction of Liberty Orders electronic
monitoring Drug Treatment and Testing
Orders Detention under 21s Imprisonment short
term up to four years, long term Parole, Non
Parole, SRO and Extended Sentences Home Curfew
Orders                                  
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CJSW Provision Social Enquiry Reports -
National Standards 1991 2000 first time
custody and under 21s facing custody, social work
disposals except SAOs Diversion from Prosecution
waiver, deferred Supervision in the Community
Social Work in Prison Prison Throughcare home
background, parole, non parole reports Throughcare
supervision Supported Accommodation Voluntary
Aftercare                                 
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Probation standard, conditions,
intensive instead of sentencing (s228(1) CP(S)
Act 1995) -not less than 6 months not more than
3 years. Community Service for offence
punishable by imprisonment (s229(4) s239 CP(S)
Act 1995) - not less than 80 hrs not more than
240hrs (summary) 300 (solemn)                     
           
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High Demand SERs 35,624 CS Orders
7,428 Probation Orders 7,742 SAOs 3,021
DTTOs 412 RLOs 807 Over 52 of
subjects of SERs unemployed. Scottish Executive
2005 97 custodial sentences for less than 4
years. 82 for 6 months or less. (Scottish
Executive 2004)                                
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there are many good reasons for wishing to ensure
that, as a society, we use prisons as sparingly
as possible the use of imprisonment may be
inescapable when dealing with violent offenders
and those who commit the most serious
crimes question to what extent short sentences
...and ...custody for fine default are
appropriate prisons are expensive .. and do not
provide the ideal environment in which to teach
an offender how to live a normal and law abiding
life, to work at a job or to maintain a family.
if offenders can remain in the community... they
should be able to maintain their family ties,
opportunities for work or training and ... may
... make some reparation for their offence
Rifkind 1989 p. 85,NOS 1991
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• CJSW FUNCTIONS
• Social Welfare/Community Safety
• (s.12/s27 SW(S)Act 1968)
• Protect the Public
• Personal change through community disposals,
• Alternatives to custody and Throughcare
  supervision
• Work on behalf of victims
• Reducing re-offending
• Effective outcomes

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Supervision in the community in Scotland young,
male and unemployed. probation orders, - 70 per
cent community service - 60 per cent DTTOs
-79 per cent. Women probation -
18 per cent community service - 12 per cent
supervised attendance orders - 17 per cent drug
treatment and testing orders (DTTOs) - 17 per
cent restriction of liberty orders. 8 per
cent CJSW statistics for 2004-5 (Scottish
Executive, 2006)
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Supervision in the community in Scotland Male
probationers convicted of burglary (23),
violence (19), drink driving (14), other
driving offences (14), other theft/handling
offences (13) theft of, and from, a motor
vehicle (12) Women other theft/handling
offences (35), fraud, forgery and deception
(29) and violence (16). Four-fifths had
previous criminal convictions, with males more
likely than females to have become involved in
crime before the age of 18 (76 and 59
respectively). Mair and May (1997) Offenders on
Probation)
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.
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• BEHAVIOUR OF INDIVIDUAL

CRIME RELATED (CRIMINOGENIC) NEEDS
HIGH
OFFENDING BEHAVIOUR
BEHAVIOUR LINKED TO OFFENDING
MEDIUM
SPECIFIC PROBLEM FOCUS
SOCIAL NEEDS
LOW
REINTEGRATION INTO COMMUNITY
USE OF COMMUNITY RESOURCES
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• TWIN TRACK
• all non-violent offenders, except the most
  serious should be dealt with, as far as possible,
  in the community
• all violent offenders except the least serious
  may face custody as a means of protecting the
  public, unless appropriate alternatives are
  available
• Strategy
• Diversion
• Effective community disposals
• Effective throughcare and after care

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• Community Supervision Targets
• offenders who receive short sentences
• offenders who commit crimes against property and
  non violent offences
• young adult offenders

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• National Objectives and Standards
• reduce custody where used for lack of a suitable
  community-based social work disposal
• develop range and quality of community based
  social work disposals which have confidence of
  the court, police and public
• help offenders tackle their offending behaviour
• services for prisoners, and their families, to
  help them prepare for release from custody, and
  to assist them to resettle in the community
• support families, friends, and other resources
  in their community
• assist the families of offenders where family
  life suffers as a consequence of offending
  behaviour
• promote, provide, and facilitate the development
  of schemes for diverting from prosecution
• promote and assist the development of services to
  the victims of crime
• promote and assist action to reduce and crime
• para 13.1 - 13.11

.
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• Effective Community Practice
• Identifying and managing risk of re-offending and
  risk of custody
• Focusing on offending behaviour
• Tackling behaviour associated with offending
• Addressing underlying problems
• Re-integrating offenders within the community
• Ensuring diversity of practice
• NOS Supplement, 1991

.
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• Offence focused Social Work
• intervention needed to contain and reduce
  offending behaviour
• underlying causes of offending behaviour and the
  risks of further offending
• confrontation of the offender with his/her
  criminal actions and the exploration of their
  gravity the means whereby they might be avoided
  mitigating their consequences for the victim
• behavioural change, contract based work as a
  route to effective self control
• self respect, self determination, self assessment
  and cognitive development
• victims
• restriction within the community

.
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• Victim focused Social Work
• The victim perspective should form a core part of
  the content of Social Work Supervision in the
  Criminal Justice System
• SERs should, in all appropriate cases, outline
  the fact that the victim perspective will be
  pursued in any proposed Social Work Supervision
  and that this perspective has been addressed in
  the preparation of the report
• ADSW Policy on Victims, 1996, para 2

.
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• Advice to Courts
• Social Enquiry
• Set subjects offending in personal and social
  context
• Subjects view of offending
• Likelihood of and scope for minimising future
  offending
• Assess possible effects of disposals on subject
  and dependents
• Information and advice to increase use of
  community disposal
• Recommendation consistent with minimum necessary
  intervention
• Assessment of subjects willingness, motivation,
  ability to address problems and issues associated
  with offending suitability for CSO
• Action plan linked to aim of reducing future
  offending
• Views on reparation to victim and compensation

.
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• Assessment
• overall quality of SERs was positive ..
• improvement needed in providing greater
  objectivity in assessing the nature of crime and
  risk to victims.
• (SWSI, 1996)
• needs to raise the standard of its report
  writing.
• in many cases, reports constituted the only
  assessment and related action plan for the first
  stages of supervision if the offender was placed
  on probation
• (SWSI para 3.25, 2004).

.
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• OUTCOMES
• 60 released from prison -reconvicted of another
  offence.
• 58 who received a probation order - reconvicted.
• 42 who began a Community Service Order -
  reconvicted.
• 40 who received fines were reconvicted of
  further offences.
• 53 under 21 years were reconvicted.
• Almost 30,000 (67) of the 44,300 individuals
  convicted at least once in 2002 of a crime or
  offences such as common assault or breach of the
  peace had at least one such previous conviction
  between 1993 and 2002.
• (Scottish Executive 2004)

.
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• OUTCOMES
• It is disingenuous to suggest that this level of
  re-offending is a result of failures within the
  criminal justice agencies which are responsible
  for dealing with offenders. The reasons are more
  to do with factors which take us far beyond
  criminal justice (Coyle 2003 p3).

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• Custody and reducing offending
• Average cost 15000 for 6 months custody
• Probation - 1059 Community Service 1393

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Penal Policy in Practice 50 of prisoners from
155 of the 1222 LA wards Overall rate for men in
Scotland 237 per 100,000, men from 27 most
deprived wards 953 per 100,000 1in 9 young men
from the most deprived communities would spend
time in prison before age 23. Houchin (2005)
.
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Prison Throughcare The provision of a range of
social work and associated services to prisoners
and their families from the point of sentence or
remand, during the period of imprisonment and
following release into the community Main
Objectives Assist offenders to reduce the risk of
their re-offending Seek to ensure that offenders
released on statutory supervision adhere to their
licence conditions Facilitate the early release
of prisoners who are eligible for statutory
supervision Assist ex-prisoners re-integrate
successfully into the community
.
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.
High Demand Prisoners are overwhelmingly young,
.. male .. poor. fourteen times more likely to
have been taken into care as a child, six times
more likely to be single teenage parents, five
times more likely to have no educational
qualification, twelve times more likely to have
experienced long-term unemployment, fifty times
more likely to suffer from three or more mental
disorders, thirty times more likely to be
homeless. 76 had a history of regular school
truancy, 28 had families with a history of drug
abuse, 57 had never been in stable employment.
(Chief Inspector of Prisons Report 200315).
.
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.
OUTCOMES Reconviction within 2
yrs Custody 65 Probation 63 CSO 50
(Scottish Exec, 2001)
.
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.
OUTCOMES 1995 vs 2004 cohort Reconviction rates
in Scotland in fact falling discharged from
custody probation down 4 per cent community
service down 8 per cent. adjustments for
pseudo-reconvictions (convictions following
disposal related to offences committed before
imposition true reconviction rate within two
years was 50 per cent for custodial sentences
(vs 65), 45 per cent for probation (vs 63) 31
per cent for community service (vs 50)
(Scottish Executive, 2005)
.
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.
.

• Throughcare priorities
• Extended sentence - for long term prisoners
• Priority groups for voluntary assistance,
  including women offenders
• Sharing information
• Public protection
• 67 prisoners re-convicted within 2 years of
  release.
• The rate for young offenders even higher!
• Efficiency
• 83 of ALL prison sentences for less than 6
  months.
• Period in prison too short for effective
  intervention
• Partnership to bridge the gap between custody and
  community.
• Impact Social Exclusion homelessness, drug
  addiction, mental health, unemployment, poor
  social cognitive skills

.
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NATIONAL ACCREDITATION clear model of
change targeting participants dynamic
risk effective methods motivation and engagement
assessment, programme delivery, staff,
community skills oriented intensity, sequencing,
duration continuity of service monitoring and
evaluation
.
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Who is an offender?
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.
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Who is an offender? Traffic 99 Theft 9
8 Breaking Entry 85 Fraud 72 Breach
of Peace 62 Drunkeness 59 Criminal
Damage 50 Violence 51 Possession of
Drugs 38 Unlawful Sex 6
.
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• Thinking about Crime
• Bio genetic theories
• Psycho dynamic theories
• Learning theories
• Social reaction theories
• Social control theories
• Social disorganisation theories
• Social strain theories
• Left idealism
• New Administrative Criminology
• Desistance Theory
• Social Integration

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.
.
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• British Crime Surveys
• the typical victim is very much like the typical
  offender male young, single, a heavy drinker and
  involved in assaulting others
• the fear of crime is greater than the reality and
  
• outside inner cities crime is a relatively minor
  risk

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Relational Justice
.
.
.

• .

Police Agencies of Control
Offender
Social control
Criminal act
Community Public
Victim
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• What is effectiveness?
• What approaches seem to work best with whom in
  what situations?
• How can evaluation be built in to practice?
• How can risk meaningfully and ethically be
  assessed and managed?
• What works? not what works!

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• Nothing Works?
• On the basis of the evidence in our current
  study, I withdraw this conclusion. I have often
  said that treatment added to the networks of
  criminal justice is impotent, and I withdraw
  this characterisation as well. I protested at
  the slogan used by the media to sum up what I
  said -"nothing works". The press has no time
  for scientific quibbling and got to the heart of
  the matter better than I did. But for all of
  that, the conclusion is not correct.
• Martinson 1979, pp. 245

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• Some Things do Work some of the time!
• The change was modest in some cases, substantial
  in others, but overwhelmingly in a positive
  direction
  
  Garrett 1985293
• In summary, it is downright ridiculous to say
  "Nothing works". This review attests that much
  is going on to indicate that offender
  rehabilitation has been, can be, and will be
  achieved. The principles underlying effective
  rehabilitation generalise across far too many
  intervention strategies and offender samples to
  be dismissed as trivial Gendreau
  Ross, 1987 395.

.
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• Effective Methods
• Lipsey's review (1992) of 397 experimental
  outcome studies published between 1970 and 1988,
  included 40,000 offenders
• 65 of the experiments examined showed positive
  effects in reducing re-offending.
• Behavioural, skill oriented approaches and
  especially, combinations of approaches
  (multi-modal), had most impact.
• reviews of recidivism rates reveal that, on
  average, appropriate treatment cut recidivism
  rates by about 50 (in fact, the mean reduction
  was 53.06, SD26.49) (p.385). Andrew's et al
  (1990)

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• Focus for Change
• attitudes can be amended
• skills can be acquired
• for making better decisions,
• for resisting pressures to commit offences
• for self management.

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• Principles

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.

• .

Model of Change Risk-need Criminogenic Responsivit
y Relational Community based Programme
Integrity Modality
Listening Communication Relationship Recording
Assessment Planning Evaluation
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.

• .

• Model of Change

Cognitive Behavioural
action
maintenance
contemplation
relapse
Person Centred
Pre-contemplation
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.

• .

• Risk principle
• Maximum levels of intervention for highest levels
  of risk
• Indiscriminate targeting can be counter
  productive
• Risk assessment and risk management tools
• Level of Service /Case Management Inventory
  revised (LSI-R/CMI)

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• Criminogenic need principle
• changing anti social attitudes and feelings
• reducing anti-social peer associations
• promoting familial affection/communication
• promoting familial monitoring and supervision
• promoting protection
• developing positive-social role models
• increasing self control, self management and
  problem solving skills
• replacing the skills of lying, stealing and
  aggression with more pro-social alternatives
• reducing misuse of chemical substances
• shifting the distribution of rewards and costs
  associated with offending behaviour so that non
  criminal activity is favoured
• ensuring that the offender is able to recognise
  risky situations and has concrete and
  well-rehearsed plans for dealing with those
  situations
• confronting the personal and circumstantial
  barriers in the way of effective service outcomes
  (Andrews 2001)

• .

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.

.
.

• .

Source Harper, G. et al. (2004 X)
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• .

• Responsivity principle
• matching style and methods
• practitioner-client relationship
• engagement and motivation
• active participatory methods
• self-generated goals
• use of authority positively
• anti-criminal modelling,
• differential re-inforcement
• problem solving skills
• structured learning skills
• cognitive restructuring
• advocacy/brokerage

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.

.
.

• .

• Relational principle
• warm, optimistic and enthusiastic, creative and
  imaginative and
• use personal influence through quality
  interaction with offenders.
• modelling, positive reinforcement
• effective disapproval
• structured learning in a suitable
• problem solving skills
• opportunities for restoration.
• (Trotter 1999)

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.

• .

• Community Based principle
• More positive and lasting results than
  institutional or residential based programmes

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.
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• .

• Programme Integrity principle
• clear and stated aims and objectives
• carried out by trained and skilled staff
• adequately resourced and managed
• evaluated

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.

.
.

• .

• Modality principle
• Skills based
• Designed to improve problem solving and social
  interaction
• a cognitive component focused on attitudes,
  values and beliefs supporting offending
• -behaviour, thoughts and feelings

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.
.

• .

• What doesnt work
• service delivery to lower risk cases
• mismatching according to a need/responsivity
• non directive relationship
• dependent and/or unstructured psycho dynamic
  counselling,
• milieu and group approaches without control over
  pro criminal modelling and reinforcement
• non directive or poorly targeted academic and
  vocational approaches
• "scared straight ... (Andrews et al 1991379)

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.

.
.

• .

• What doesnt work
• failing to recognise the influence (for better or
  worse) of families, friends and peers
• failingto address the multiple problems
• including poor mental health and
• drug and alcohol abuse and are
• too brief or diluted to establish the conditions
  for change

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.

.
.

• .

• What doesnt work
• increasing self esteem without reducing
  anti-social thinking
• increasing the cohesiveness of anti-social peer
  groups by failing to provide positive social
  models
• increasing employment or educational aspirations
  without concrete assistance and opportunities to
  achieving these aspirations

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.

.
.

• .

• A cognitive model of intervention
• Lack of self control or impulsivity.
• Cognitive style
• Concrete and abstract thinking
• Conceptual rigidity
• Inter personal cognitive problem solving
• Egocentricity
• Values
• Critical Reasoning
• Ross, Fabiano Ewles 1988

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• .

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• .

• Barriers to Effectiveness
• Client resistance - non attendance or compliance,
  authority issues, low motivation.
• Institutional resistance- control over admission
  to programmes or referrals, offenders 'lost' to
  custody, control over finance, lack of management
  support and consultancy.
• Programme integrity - programme drift.

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.

.
.

• .

• Effective Programmes
• longer in duration
• larger amounts of meaningful contact
• behavioural, skill-oriented and multi-modal
• provided in community settings.
• duration, sequencing and intensity
• engagement, compliance, catch up

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.

• Emerging Themes
• We are unlikely to see a major impact on
  re-offending rates, as promised by the What
  Works? literature, from accredited programmes
  alone.
• Good targeting for programmes does appear to be
  linked to successful results

.
.

• .

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• Case management and Desistence
• Human Agency the active participation of
  individuals in structuring their own lives.
• (Laub and Sampson, 2004)
• Building Capacity - productive investment
• Human capital personal change resources
• Social Capital changes in social relations
• Cultural Capital change social opportunities
• Hope -successful personal agency related to
• goals

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• .

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.

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• .

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• Compliance
• incentive-based compliance - education,
  employability , early revocation, the relaxation
  of conditions.
• trust-based compliance - sense of obligation,
  working alliance
• threat-based compliance - fear of future
  consequences
• surveillance-based compliance - awareness of
  immediate, here-and-now regulation
• incapacitation-based compliance the actual
  deprivation not just the restriction, of
  liberty
• (adapted from Nellis 2004 239-240)

.
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• .

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.

• Core Practice
• Relationship factors
• Skill factors
• Effective reinforcement
• Effective disapproval
• Problem solving
• Structured learning
• Effective modeling
• Effective use of authority
• Advocacy/brokerage
• Dowden et al 2004

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• .

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• Defensible Decisions
• The issue of risk assessment, prediction and
  management is complex and has to recognise
  limitations in any defensible decision that are
  taken.
• All reasonable steps taken, reliable methods
  used, evaluated thoroughly, recorded, policy and
  procedures, communication (Scottish Office 1998)

• .

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• Holistic Approach
• Objective screening criteria to identify highest
  risk
• Work intensively when appropriate
• Coordinate services among agencies youth
  justice, education, mental health and child
  welfare, social inclusion, culture and leisure
• Implement graduated interventions
• Recruit local volunteers and engage community
  based organisations to work with high risk/high
  need
• Make quality aftercare a core component
• Implement effective school-based prevention
  models.
• Mobilise the entire community to plan and
  implement comprehensive youth crime prevention
  strategies that involve families, schools, and
  neighbourhoods.
• (adapted from Mendel 2000)

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• .

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Summary Plan Priorities reducing risk to others
reducing re-offending
.

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End to End Case Management Manage - Supervise
- Administer

• .

ENGAGE
MOTIVATE
LEARN
SHARE
Offender interacts with sequence of interventions
Face to face work

Interventions 1..23 Maintain Change
Teamwork
Partnerships
Terminate
Commence
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• Practice what you preach
• personal/professional efficacy
• plan for change,
• provide learning opportunities
• develop well structured service pathways
• effective supervision and compliance.
• opportunities to apply learning
• Outcome oriented
• Power and Authority
• Providing Rewards

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• .

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