Information for Sentencers

DLNR Service Guide

This guide is designed to give magistrates, judges and others summary information about the services offered by Derbyshire, Leicestershire, Nottinghamshire and Rutland (DLNR CRC), in relation to the sentences available under the Offender Rehabilitation Act 2014, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Criminal Justice Act 2003. It does not, however, cover provision for the under 18s. This guide does not purport to be an authoritative guide to the law but represents the views of DLNR CRC.

It does not seek to replace detailed guidance from the Sentencing Council and any legal adviser.

Please click here to download the DLNR Service Guide

Documents
(PI) 49/2014 and Target Operating Model Version 3
Liaison Arrangements between Sentencers and Providers of Probation Services
A Probation Instruction (PI) 49/2014 was issued on 1 June 2014, to take effect from the same date, which outlines liaison arrangements between sentencers and providers of probation services agreed with the Senior Presiding Judge, Lord Justice Gross.

The intention of this Instruction is to ensure that there is effective communication and dialogue between service providers and sentencers on issues of joint concern.

Annex A of the instruction document indicates that liaison at a national level between Judges, Magistrates and providers of probation services continues to take place through the National Sentencer Probation Forum (NSPF). At a local level, the National Probation Service (NPS) has responsibility to provide Judges and Magistrates with information about services available in their local area. The NPS works with other providers of probation services to provide Judges and Magistrates with opportunities to observe probation and prison work in local areas.

Annex B of the instruction document explains the role of the National Sentencer Probation Forum – namely, identifying and discussing issues and trends emerging locally or nationally relevant to sentencing and the provision of probation services. In a section of Annex B entitled Ad Hoc Attendance, it is noted that a Community Rehabilitation Company could be invited to attend the Forum, to demonstrate particular experience or expertise.

Rehabilitation Programme
The Target Operating Model describes a system developing a step change in offender rehabilitation, leading to reductions in reoffending.

It presents a comprehensive system, to implement the vision which the Secretary of State described in the document “Transforming Rehabilitation : A Strategy for Reform.”

A link to the Target Operating Model : Version 3 is provided – this brief synopsis focuses on some issues of mutual interest to sentencers and the Community Rehabilitation Company.

The Introduction refers to legislation to expand supervision after release to short sentenced prisoners and the Rehabilitation Activity Requirement (RAR) for Community Orders and Suspended Sentence Orders.

In the Executive Summary, it is emphasised that the Community Rehabilitation Company (CRC) manage the majority of offenders (those who pose a low or medium risk of serious harm); the National Probation Service (NPS) manage those offenders who pose a high risk of serious harm to the public.

Community Rehabilitation Companies are responsible for rehabilitating offenders and reducing reoffending – payment to do so will be based on a weighted annual volume of offender starts, a proportion of the payment at risk, dependant on performance in reducing reoffending.

The package of rehabilitation support CRCs provide to offenders is for them to determine and the Target Operating Manual speaks of “maximum flexibility” to do so.

A new “Rehabilitation Activity Requirement” gives CRCs “a very wide discretion” to require offenders to undertake rehabilitation activities.

The introduction of “Resettlement Prisons” locating prisoners close to their Contract Package Area (CPA) and an emphasis on working with prisoners “through the gate” provide a sound platform for CRCs to reduce reoffending.

The National Probation Service (NPS) provides advice to Courts on sentencing, conducts risk assessments at the outset and determines the allocation of cases. As mentioned above, the NPS manage offenders who pose a high risk of serious harm. The NPS responds to risk escalation and complete enforcement activity started by the Community Rehabilitation Company.

 

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