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CRIME AND COMMUNITY SAFETY STRATEGY: 1999 to 2009 _______________
Lodged au Greffe on 26th October 1999 by the Defence Committee
______________________________
STATES OF JERSEY STATES GREFFE
175 1 9 9 9 P . 1 6 7
Price code: F
PROPOSITION
THE STATES are asked to decide whether they are of opinion -
to r ef e r to their Act, dated 28th September 1995, regarding the Strategic Policy Review 1995 - Part I ("2000 and
Beyond"), in which they accepted policies for the quality of life, including the setting up of a Crime Strategy Action Group, and -
(a ) to approve the Crime and Community Safety Strategy for the period 1999 to 2009 detailed in the report of
the Presidents' Policy Group entitled "Working Together to Make a Difference" as set out in the Appendix to the report of the Defence Committee dated 26th October 1999;
(b ) to confirm the key recommendations as outlined in paragraph 2.11 of the report of the Presidents' Policy
Group in relation to -
(i ) in v e s tin g in youth;
(ii ) lo o k in g after the victims of crime;
(ii i ) m a k in g crime harder to commit and easier to detect; (iv ) al c o h o l, criminality and anti-social behaviour;
(v ) th e r ô le and development of the criminal justice system; (v i ) o ff e n d e rs: reintegration and preventing re-offending;
(v ii ) d eliv er in g the strategy.
(c ) to charge the Finance and Economics Committee and the Establishment Committee to take all necessary
steps, in accordance with overall States policies and priorities, to provide sufficient funding and staff to enable the strategy to be implemented;
( d ) to charge the Defence Committee, in consultation with the Education, Health and Social Services and
Probation Committees and the Prison Board, to report back within a period of three years on the progress of the implementation of the strategy.
DEFENCE COMMITTEE
NOTES: 1. T h e Finance and Economics Committee recognises the importance of both the Substance Misuse and Crime
and Community Safety Strategies and supports the level of funding proposed for the period 1999 to 2002, as follows -
Funding required
Substance Misuse Crime and
Community Safety
Total additional funding requested
Existing cash limits of the Crime and Drugs Strategy Unit
Total
1999 2000
£ £
201,800 81,000 429,000
81,000 631,100 427,200 427,500
508,300 1,058,600
2001 2002 Total
£ £ £
282,200 234,000 718,000 405,300 493,700 1,409,000
687,500 727,700 2,127,400 428,000 428,700 1,711,400
1,115,500 1,156,000 3,838,800
A c c o r d in g ly , the Committee will make available the additional necessary funding from the General Reserve
and will transfer those funds and the existing cash limits for the Crime and Drugs Strategy Unit to the Health and Social
Services Committee to be ring-fenced for the uses specified for the Unit.
Wh ils t th e C o mmittee recognises the importance of the cross-Committee initiatives within the strategies, it
also believes that it is not appropriate for a department of the States to operate outside the accepted Committee system. and accordingly qualifies its support for the funding as being subject to the establishment of line management responsibility for the Crime and Drug Strategy Unit to a "Lead" Committee.
T h e C o m m itte e is well aware that this issue is being discussed by the Chief Officers Strategy Group and
encourages all concerned to address as a matter of urgency, The Committee is pleased to note that budgetary control for the Unit will, in the first instance, be placed within the remit of the Health and Social Services Committee.
2 . T h e Establishment Committee supports the proposals, subject to approval being granted under the agreement
being entered into with the Finance and Economics Committee in accordance with the principles contained within the Regulation of Undertakings and Development legislation.
3 . T h e Policy and Resources Committee supports the proposition and considers that the strategy is an effective
response to the quality of life strategic policy objectives included in the 1995 Strategic Policy Report "2000 and Beyond".
REPORT
- I nt ro duction
- I n th e 1995 Strategic Policy Review, the States of Jersey agreed that a "Crime Strategy Action Group"[1] be set up, comprised of officers of the Committees responsible for law and order and matters directly related thereto.' (p.50, para. 9.5).
- T h e key principles, upon which the effective delivery of this strategy is based, mirror those which have been successfully established for the Illegal Drugs/Substance Misuse Strategy. This comprises three groups responsible for policy, strategy and operational development.
T h e P r esidents' Policy Group is responsible for policy formulation, policy direction and public accountability.
Chaired by Deputy M. A. Wavell, President of the Defence Committee, it comprises the Presidents of the following Committees -
D e f en c e ;
E d u c a tio n ;
H e a lth a n d So cial Services;
Fin a n c e a n d E conomics;
Pr is o n B o ar d ;
C h a ir m a n o f th e Comité des Connétable s; C h a ir m a n o f P robation Committee.
T h e C r ime Strategy Group, under the independent chairmanship of Advocate A.J. Olsen, is responsible for the
strategic development of the strategy and comprises the Chief Officers of the Committees above and of the Employment and Social Security and Housing Committees. The Senior Officers Group comprising the most senior operational officers and managers, from within both the States and private sectors, has provided the delivery and operational guidance.
- T h e mandate for the Presidents' Policy Group was to develop and oversee the implementation of a strategy that will significantly impact upon the level, and the consequences, of crime and anti-social behaviour in Jersey.
- C r im inal and anti-social behaviour has an impact on every memberof our community. It therefore follows that any strategy aimed at significantly impacting upon the level and consequences of criminality and anti-social behaviour will also have an important impact upon our community as a whole.
- A s u bstantial part of developing this strategy has been devoted to finding out the views and opinions of a variety of groups, agencies and individuals, including schools, private and public sector agencies, charities and the general public. The feedback received from these meetings has proved invaluable in developing a strategy, which is now felt to have the support and understanding of the vast majority of our community.
- P r o po sals
- T h e report outlines the Presidents' Policy Group's proposed policies in relation to the integration and development of the Crime and Community Safety Strategy, and concerns the following areas -
(i ) C ommunity safety
T h e c e n tral theme of the strategy is the promotion of community safety.
C o m m u nity safety is concerned with more than crime and aims to get to the heart of what disrupts people's lives.
C o m m unity safety has both social and situational aspects. It is concerned with people, communities and
organisations, including families, victims and at-risk groups, as well as attempting to reduce particular types of crime and anti-social behaviour and the fear of crime.
T h e k e y to successful community safety is that it addresses that which is directly relevant to people in their local
setting and involves them in the solutions. It is the legitimate concern of all the community.
T h e tr a ditional "service" approach to crime prevention provides general reassurance and reacts to problems when
they occur. Community safety aims to prevent the problems from happening in the first place and to reduce their incidence.
In order to address the community's fears and concerns properly, community safety work must engage with the community in a way that goes beyond the scope of traditional crime prevention work.
T h e th ree key areas of activity identified in the strategy are investing in youth and families, addressing the
problems of victims of crime as well as offenders, and improving the general quality of life by reducing social disorder.
(ii ) I n vestment in youth
T h e d e v elopment of a community in which young people are valued, respected and encouraged to achieve their full
potential is seen as a key element of a community safety strategy.
I t is e a sier and cheaper to prevent today's youngsters becoming tomorrow's problem rather than to tackle the
problems of crime when they arise.
T h is is a long-term investment and there are a number of present-day issues that will have to be overcome if it is to
succeed.
T o o g r eat a state involvement in family life and the way the community operates could be viewed as an
infringement of civil liberties, and it is recognised that we have got to get youth and families on our side if we are to have a chance of succeeding.
In o r d er to promote healthy personal and social development among our youth and communities, it is necessary to
emphasise positive values and attitudes within a supportive environment.
C h ild r e n have the right to be raised in a community that respects, cares and nurtures them. This part of the strategy
should be an obligation, not an expectation. Only by all agencies, statutory and non-statutory, really working together will this be possible.
A sig n if icant investment in the provision of nursery care for vulnerable children by the Children's Service is called
for; the development of two new after-school and holiday clubs; a programme of preventative work to avoid youngsters being received into long-term care; and the development of community education. These may usefully be provided outside of the public sector.
T h e lo ng-term gain in reduced anti-social and criminal behaviour, reduction in fear of crime, and increased
community spirit and cohesion will make it all worthwhile and cost-effective.
(ii i ) L ooking after victims
T h e c r iminal justice system has traditionally focused on offenders rather than their victims. The Defence
Committee supports the Presidents' Policy Group's suggestion that, as it is impossible to eliminate crime, then alleviating the suffering of victims will mitigate the effect of crime on the community.
Fo c u s in g on victims will reduce the fear of crime, increase general satisfaction with the criminal justice system,
increase willingness to report crime and bring about long-term economic and social benefits.
I n th e past the needs of victims have often been overlooked, or at least have been seen as a secondary
consideration. This strategy aims partially to redress the balance by ensuring that victims are treated with respect and dignity.
(iv ) C rime detection
M e a su r es such as the introduction of closed-circuit video cameras to monitor key public locations and re-
developing problem housing areas are seen to be key to making crime harder to commit and easier to detect, and the further development of these initiatives will be considered.
T h is w ill have a considerable positive effect on people's lifestyle, reducing the fear of crime and increasing
community confidence and safety.
(v ) T he impact of alcohol
T h e Pr e sidents' Policy Group's report highlights the fact that alcohol is one of the most obvious contributors to the
Island's crime problems.
" A g re a t d e a l of crime, in particular violent and sexual crime, is associated with alcohol misuse. We should
remember that most people in Jersey drink alcohol and do not commit criminal offences, offenders who drink alcohol do not commit an offence every time they drink, but intoxication is disproportionately associated with criminal behaviour."
T h e D e fence Committee supports the Presidents' Policy Group's call for changes in the way in which politicians
and members of the public perceive the use of alcohol in our society.
(v i ) Se ntencing policy
N e a r ly half of all crime committed by males is the result of repeat offending by a small number of offenders, so it
is suggested that if present policies are not discouraging re-offending, there is considerable potential for gain if more effective policies are pursued.
We ll -m anaged and resourced community-based sentences have been shown to be more effective than custodial
sentences in stopping repeat offending.
T h e D e fence Committee supports the Presidents' Policy Group's recommendation that a wider range of sentences
be made available to the Courts.
T h e p o litic al climate in Jersey still favours a "fight" against crime and that there will be accusations of going soft
on crime.
T h e a im is to ensure that offenders receive appropriate sentences. In the majority of cases this will enable the
offender to serve their sentence within the community, thereby reducing the likelihood of them re-offending. Prison should be considered a last resort and only for serious or persistent offenders. This would help to address some of the problems relating to the over-population of the Prison.
It is a ls o recommended that those who are sent to prison have access to suitable education, training and behavioural
programmes aimed at addressing their individual problems, and that they receive support on release to assist their re- integration back into society.
- T o e nsure the overall co-ordination, development and evaluation of this social policy, the Defence Committee has supported the continued development of -
(i ) th e Community Crime and Drug Strategy Unit to co-ordinate, advise and facilitate the development of overall
policy at the political and strategic levels;
(ii ) lo cal community liaison groups concerned with co-ordinating the overall social well-being of the community
in a geographical area – "local problems solved at local level".
- Sta te s Committees cannot themselves provide the whole range of services which will be required, and will seek to work with existing service providers in encouraging better co-ordination, the development of new services where necessary and helping other agencies contribute more effectively. Important partnerships will also be developed between Parish authorities, States departments, community groups and the private sector.
- R es o ur ces
T h e D e fence Committee requests that the States agree the implementation of the Presidents' Policy Group's Report
by agreeing to the revenue and manpower budgets 2000-2002, as outlined below -
YEAR | 1999 | 2000 | 2001 | 2002 |
Annual new revenue required | 81,089 | 348,248 | -24,047 | 88,388 |
Manpower | 2.5 |
| 2 | 1 |
26th October 1999
APPENDIX
CRIME AND COMMUNITY SAFETY STRATEGY Working together to make a difference
Contents
Pages Foreword D ep u t y M.A. Wavell 13
P res i d e nt o f th e D efence Committee
C h ai r m an o f P r es idents' Policy
Group
Introduction A d v ocate Anthony J. Olsen 14-16 C h ai r m an o f t h e C hief Officers'
Group
Directory of contributors. 17-19 Chapter 1 Picture of recorded crime and public order offences in 20-31
Jersey.
Chapter 2 Executive summary and list of recommendations. 32-40 Chapter 3 Investing in youth. 41-48 Chapter 4 Looking after the victims of crime. 49-52 Chapter 5 Making crime harder to commit and easier to detect. 53-56 Chapter 6 Alcohol, criminality and anti-social behaviour. 57-62 Chapter 7 The rôle and development of the criminal justice system. 63-67 Chapter 8 Offenders: reintegration and preventing re-offending. 68-76 Chapter 9 Delivering the strategy 77-85
Glossary of terms 86
FOREWORD
by
Deputy M. A. Wavell
President of the Defence Committee Chairman of the Presidents' Policy Group
In the 1995 Strategic Policy Review, the States of Jersey agreed that a "Crime Strategy Action Group be set up, comprised of officers of the Committees responsible for law and order and matters directly related thereto." (p.50, para. 9.5). The mandate for this group was to develop and oversee the implementation of a five-year strategy that will significantly impact upon the level, and the consequences, of crime and anti-social behaviour in Jersey. Since that time a great deal has been achieved and much has been learned, the result of which is this strategy and implementation document.
Criminal and anti-social behaviour has an impact on every member of our community. It therefore follows that a strategy aimed at significantly impacting on the level and consequences of criminality and anti-social behaviour will also have a significant impact on our community as a whole.
A substantial part of developing this strategy has been devoted to finding out the views and opinions of a variety of groups, agencies and individuals, including schools, private and public sector agencies, charities and the general public. The feedback we received from these meetings has proved invaluable in developing a strategy which we feel now has the support and understanding of the vast majority of our community.
This strategy is forward thinking and is based upon sound knowledge of best practice in other countries. Its strength lies in the fact that all initiatives will be based upon a greater understanding of local problems and will be subject to a rigorous monitoring and evaluation programme. We will work tirelessly to ensure that all initiatives are delivered appropriately, on time, and within budget.
Deputy M.A. Wavell September 1999
INTRODUCTION
by
Advocate Anthony Olsen Chairman of the Crime Strategy Group
- A n t i- social behaviour and crime are a problem in most modern communities. In Jersey we are fortunate in that the problem is undoubtedly not as serious as it is in certain other parts of the world. Some would say, not yet - indeed, certain people to whom we have spoken during the course of our workon this project have told us, with enviable confidence, that an increase in the incidence of crime in Jersey is "inevitable". We do not accept that at all. Various interventions, as will be seen, are already starting to take effect and have already led to the reduction of the incidence of some types of crime. As a community we can make a difference.
- O th e r people have asked us, in effect, why we are undertaking this major project if there is no real problem with crime or anti-social behaviour here. Let there beno doubt about this: there is a problem in Jersey. That it is less serious than may be the case in other parts of the world does not mean that it does not exist; indeed, if nothing is to be done about it, the problem would likely escalate. There is no room for complacency. It is our view that while criminality and anti-social behaviour, or the consequences or fear of either, represent a problem to anyone living in Jersey today, then that is a problem forus all.
- I t is a commonly held perception that the criminal justice system constitutes the principal crime prevention agency. The perception runs like this: if the police detect crime, the Courts convict and sentence the criminals and the probation service and prisons administer the sentences, crime will be prevented. As we shall see, however, the statistics tell a rather different story. Only one statistic need suffice here - in England and Wales, 97of every 100
crimes committed do not occupy the attention of a Court of Law[2].
- A n efficient and respected criminal justice system, particularly in a small jurisdiction such as Jersey, is undoubtedly a useful tool in the reduction of crime, and this theme will be developed later. We are persuaded, however, that the formal processes of the criminal justice system - apprehending, prosecuting, sentencing, punishing and rehabilitating offenders - have only a limited effect on controlling or preventing crime. The Jersey Courts themselves have recognised this. In a case involving drug-trafficking the Jersey Court of Appeal recently said -
" W e h a v e n o doubt that the Courts should indeed play their part in suppressing the evil of drug trafficking
The Courts cannot by themselves provide a solution to the problem, but they can play their part"[3]
- O n e must not overlook the valuable work of the Crime Prevention Panels, or certain important aspects of the work of the Honorary Police and the Jersey Probation and After-Care Service; nonetheless, for the most part, the involvement of our whole criminal justice system commences after the event - once a crime has already been committed. Whilst the criminal justice agencies in Jersey undoubtedly have a major rôle to play in responding to crime, at present the major emphasis is on response, not on prevention. The trouble is that response remedies are not working adequately.
- A c oherent and consistent policy of early intervention, on the other hand, could make a significant difference; and making a difference is what this project is all about.
- A n Island-wide strategy must, we think, be based upon the principles of early childhood intervention, providing opportunities for young people and creating thriving neighbourhoods. Such a policy is designed to reduce the risk factors which lead to criminality, such as family conflict, failure at school and the lack of training or employment opportunities; at the same time strengthening the factors which tend to divert would-be offenders from criminal and anti-social behaviour. Other preventive measures include improving the security and design of housing and public areas, and developing a community commitment. These themes will be developed further in the following chapters.
(VIII) We do not claim in any way to be offering a "quick fix" solution. Indeed, we believe that no "quick fix" is
available. We are confident that implementation of the various policies we are proposing is likely to have a significant beneficial effect, but accept that it may be some time before that benefit starts to become apparent. Indeed, to some extent we are planting shade-trees under which some of us will probably never sit; but that is no reason not to plant them.
(IX) A c ceptance of some of the principles set out in this document will involve some fundamental changes to current attitudes, philosophies and practices in Jersey. These may not come easily to some. Neither will implementation of the policies be confined within the spheres of responsibility of the criminal justice agencies and the social services.
Whilst undoubtedly there is an important rôle for many agencies to play in the field of community safety, a successful
community safety programme will, in one way or another, involve the entire community of this Island. It is the entire community that stands to benefit.
Advocate A.J. Olsen September 1999
Directory of Political and Officer Groups that played an active rôle in developing this strategy
Presidents' Policy Group
Chairman Deputy M.A. Wavell President, Defence
Committee.
Senator L. Norman President, Education
Committee.
Connétable J. Roche President, Health and Social
Services Committee. Senator F.H. Walker President, Finance and
Economics Committee. Constable L.R. Hamel Chairman, Comité des
Connétable s.
Deputy H.G. Coutanche President, Prison Board. Jurat C.L. Gruchy Chairman, Probation
Committee.
Chief Officers' Strategy Group
Chairman Advocate A.J. Olsen. Olsen, Backhurst and Dorey. Vice-Chair Dr. D. King - up to Jan 99 Chief Officer Probation and
After-Care Service.
B. Heath - from Jan 99 Chief Officer Probation and After-Care Service.
A. L. Renouf Agent of the Impôts. T.W. McKeon Director of Education.
R.H. Le Breton Chief Officer States of Jersey
Police.
Mrs. I.M. Le Feuvre Connétable of St. Lawrence.
A. Skinner Director of Community and Social Services.
K. Wheeler Chief Officer HM Prison. M.C. St. J. Birt QC H.M. Attorney General.
A. Esterson Controller Social Security.
E. Le Ruez Chief Officer Housing.
Senior Officers' Group
D. Kaye Strategy Manager.
C. Bertram HM Prison La Moye.
D. De La Haye
P. Dennett
Advocate S. Fitz
B. Heath - Up to Jan 99
M. Cutland - From Jan 99
R. Jones
Centenier Goss M. Robinson
C. Rodgers/M. Lundy
W. Saunders
E. Southern
Dr. E. Sallis - Up to April 99
I. Rogan
Sport, Leisure and Recreation.
Community and Social Services.
Ogier and Le Masurier.
Probation and After-Care Service.
Probation and After-Care Service.
Assistant Chief Officer States of Jersey Police. Centeniers' Association.
Customs and Excise. Education.
Alcohol and Drug Service.
Education.
Highlands College, Education.
Community Crime and Drug Strategy Unit.
CHAPTER 1
Picture of recorded crime and public order offences in Jersey
Introduction
- T h e whole of this strategy is designed significantly to reduce the harm caused to our society byanti-social and criminal behaviour. As a part of the process of producing this strategy, Swansea University's Centre for Criminal Justice and Criminology was commissioned to produce a digest of information on crime, public order offences and the criminal justice system of Jersey. The "Digest" uses data gathered from a variety of sources including police,
probation, court and prison records to present us with what in effect is a "picture of recorded crime"[4] in Jersey[5]. Crime trends 1992 - 1996
- So m e people have questioned the need for a strategy such as this in an Island that for the vast majority ofits residents is a relatively safe and peaceful place to live.
- So h ow much crime is there in Jersey?[6]
O v e r th e period 1992-1996 the level of recorded crime in Jersey has fluctuated (see Figure 1 next page).
- H o w ever, it is true that the recorded crime rate in Jersey is significantly lower than that of the United Kingdom. The 1994 column in Figure 2 (below) shows that whilst crimes recorded per hundred of the population in England and Wales was just above ten per hundred, in Jersey it was eight per hundred. Moreover it has been consistently
lower over the measured period.[7]
- I n 1 996 there were 7,716 crime and public order offences recorded by the police. This means that there were potentially thousands of victims of crime in Jersey in 1996 alone. For these victims, crime is a problem and it is a problem which, in some cases affects not only the victims lives but that of their families, friends, employers and in many cases the community as a whole.
- T h e media tend to highlight the more serious crimes. In fact serious crime forms only a relatively small percentage of overall crime. Figure 3 (below) shows each type of offence as a percentage of overall recorded crime and public order offences.
- We can see that the most common form of recorded crime in Jersey is theft.[8] The next most common is public order, with criminal damage next in line. In fact Figure 3 shows that serious crime, for example, sex offences,
serious violence, drugs etc. formed less than ten per cent of total crimes committed in Jersey in 1996.
- Fig u re 4 (below) shows that, although some types of crime have fallen over that period, others have risen. Indeed, it shows somewhat disturbing trends in violent and serious violent crime, which have risen by over one hundred per
cent and seventy per cent respectively.[9]
Offenders
- Fu ll information about the number of offenders, the type and number of offences they have committed, their age and gender is not available because most offenders are not caught or prosecuted for their offences.
- T h e most commonly represented age group sentenced by Magistrates is 18-25 year olds. Over four per cent of young people in this age group were convicted of an offence in 1996. Whereas only 0.8 per cent of those aged over 26 were convicted, making it over four times more likely for someone aged 18-25 to be convicted of an offence in the Magistrate's Court (see Figure 5 below).
- Fig ure 6 (below) indicates that the rate of offending increases with age through the adolescent years, but falls off rapidly into adulthood. It suggests that the peak age for offending is the late teens - early twenties.
- B y far the greater majority of offenders dealt with in the Magistrate's Court are male. In 1996 over 90 per cent of offenders convicted in the Magistrate's Court were male, with 870 convicted male offenders compared to 81 convicted female offenders. Figure 7 (below) shows the rate of offending for different groups based on age and gender. As we can see, the offending rate for males aged 18-25 has increased greatly, whilst the offending rate for the other groups has largely stayed steady and in some groups has in fact decreased slightly.
Sentencing and the criminal justice system
- Fig ure 8 (below) indicates, above all else, the relatively low number of offences which result in an offender receiving a conviction. i.e. just two per cent. The chart is based on data from England and Wales. It is not possible, at present, to calculate the relevant statistics for Jersey, but available information suggests that attrition rates for Jersey are also low. This has important implications for this strategy – notably the limited impact of the criminal justice system on crime.
- I t w as also found that conviction rates for the various types of offences vary quite considerably. Offences of criminal damage, burglary and theft result in a conviction at a lower level than offences involving violence or drugs. For instance, Figure 9 (below) shows that the proportion of offences of theft that resulted in a conviction in 1996 was seven per cent, whilst for drugs it was 60 per cent.
- C o nviction rates for different types of offences are susceptible to policing strategies and tactics - for instance a policing strategy which emphasises tight control of street activity at night can result inmanymore offences of public order or violence being recorded.
- T h e use of custodial sentences, which stood at a high of25 per cent of all sentences in the Magistrate's Court in 1993, fell to a low of 11 per cent in 1996. This still means that Jersey's Magistrates impose custodial sentences at a proportionately higher rate than those in England and Wales (under ten per cent).
- Fig ure 10 shows selected sentencing trends in terms of percentages over the period 1992-1996. As mentioned above, the use of custody is still proportionately higher than that of England and Wales, however, Fig. 10 shows that
its use is decreasing. The most common sentences passed are fines, with Probation and Probation+[10] being used more frequently.
Conclusion
- T h is strategy is intended to address the issues surrounding serious crime, but it is also designed to ensure that the less serious but more prevalent types of criminal and anti-social behaviours are addressed. The overriding message which has come from the process of producing the "Digest" is that Jersey has a serious shortage of information concerning offenders and offences. The official statistics used to illustrate the chapter provide a useful tool for analysing trends in crime; however in order for us to understand and address the harm associated with criminal and anti-social behaviour a great deal more research and evaluation needs to be conducted.
CHAPTER 2
Executive summary and list of recommendations Statement of purpose
- Sig n ificantly to reduce the level and consequences ofanti-social and criminal behaviour. Strategic aims
- 1 . I n vesting in youth.
2 . L o oking after the victims of crime.
3 . M aking crime harder to commit and easier to detect.
4 . A d dress alcohol, criminality and antisocial behaviour.
5 . T h e development of the criminal justice system.
6 . T h e reintegration of offenders and preventing re-offending.
Introduction
- A s t rategy aimed at significantly impacting on the level and consequences of criminality and anti-social behaviour will also have a significant impact on our community as a whole. The views of a variety of groups, agencies and individuals have proved invaluable in developing a strategy which has the support and understanding of the vast majority ofour community. Wedonot accept that an increase in the incidence of crime in Jersey is inevitable. Various interventions have already led to a reduction in the incidence of some types of crime. As a community we can make a difference. Our strategy is based upon the principles of early childhood intervention, providing opportunities for young people and creating thriving neighbourhoods. A successful crime and community safety programme will involve the entire community of this Island. It is the entire community that stands to benefit.
Investing in youth (Chapter 3)
- T h e aim of this part of the strategy is to provide a long-term programme for building a community where children and young people are valued, respected and encouraged to achieve their full potential. We aim to devise plans to support and strengthen families, promote school commitment and success, encourage responsible sexual behaviour and achieve a safer, more cohesive community. We must ensure that children are not excluded and have the opportunity to feel involved and make a positive contribution in their family, school and community. It is important that their efforts are recognised and their contributions valued. By focusing on the five areas of families, schools, community, individuals and peers, a broad range of positive interventions will be implemented.
Looking after the victims of crime (Chapter 4)
- V ic tim s of crime are entitled to be treated with dignity and respect. Alleviating the suffering of victims will help mitigate the effect of crime. It is important to conduct research into the needs of local victims of crime and develop an extensive network of partnerships with public and private sector agencies to provide a service to victims. They should be provided with clear and concise guidelines as to what they can and cannot expect from victim support agencies, which could take the form of a "victim's charter" which will provide the agencies with a benchmark against which to assess their performance. In the past the needs of victims have often been overlooked or at least have been seen as a secondary consideration. This strategy aims to redress the balance.
Making crime harder to commit and easier to detect (Chapter 5)
- Fe a r of crime and community perceptions of crime are a significant part of the harm we are trying to reduce. Our aim is to reduce the likelihood of a criminal or antisocial act being committed, and increase the likelihood of an offender being apprehended, in order to increase confidence and safety and reduce the community's fear of crime. Crime and anti-social behaviour should be more difficult to commit, more risky and less rewarding. Measures such as better security, increased surveillance and property marking will all help towards this aim. We need to develop new and existing partnerships between public and private sector agencies, and ensure that any measures introduced complement each other and that there is no duplication of effort. Accurate research is needed to ensure that the measures introduced are suitable for the local context. The community at large must be made to feel involved in reducing crime and anti-social behaviour and be encouraged to develop itsown measures for crime prevention and detection.
Alcohol, criminality and anti-social behaviour (Chapter 6)
- Fo r too long, oneof the most obvious contributors to our crime problems, alcohol, has been ignored. A great deal of crime, in particular violent and sexual crime, is associated with alcohol misuse. We must get this problem in perspective, because most people in Jersey drink alcohol but do notcommit criminal offences. Intoxication is, however, disproportionately associated with criminal behaviour. A community, which has a high consumption level, will inevitably experience more problems than a community with a lower consumption level. In Jersey, the number of premises holding liquor licences is high and alcohol prices are relatively low. A proper response to alcohol- related crime requires coordination ofall agencies. Alcohol should be given at least as much attention as illegal drugs as it currently causes considerable harm to Jersey's society as a whole.
The rôle and development of the criminal justice system (Chapter 7)
- A r e spected and efficient criminal justice system, particularly in a small jurisdiction such as Jersey, serves as a useful deterrent to would-be criminals. Offenders should be dealt with at the lowest possible level to reduce the risk of the reinforcement of offender status, stigmatisation and to speed up the process. Minimum intervention by the criminal justice process is proven to be the most effective way of preventing re-offending.The jurisdiction of the Parish Hall Enquiry should be increased allowing the Magistrate's Court to focus on more serious or persistent offenders. Significantly more people who commitminor offences could be dealt with outside the formal Court system, by introducing such measures as on-the-spot fines for minor motoring offences, and guilty pleas by post for some offences at Parish Hall level.
Reintegration of offenders and prevention of re-offending (Chapter 8)
- A lth ough most people who offend doso only once, a small minority of offenders commit a great deal of crime. Dealing with non-repetitive offenders, with as little intrusion into their lives as possible, can prevent them from becoming repeat offenders. Over-reacting can result in their being placed on unsuitable or unduly harsh programmes or, worse still, confined in institutions that are inhabited by more sophisticated and hardened offenders. Repeat offenders must receive appropriate sentences, but even for the minority of offenders, whose crime is serious enough to warrant a custodial sentence, it is important that while in prison they have access to suitable education, training and behavioural programmes aimed at addressing their individual needs.
Delivering the strategy (Chapter 9)
- T h e overriding theme throughout the strategy is one of working together in partnerships. This is a difficult task and not one that can be assumed. A new framework for delivery is evolving with the Community Crime and Drug Strategy Unit at its hub. There is a need to set out clear, quantifiable objectives for each intervention, establish research projects and evaluation procedures to ensure that each intervention is developed upon best practice, and with stated anticipated outcomes that can be measured. The general structure which has been in place for the last three years will remain with a Presidents' Policy Group, Chief Officers' Strategy Group and Senior Officers' Group and a renamed Community Crime and Drug Strategy Unit.
List of recommendations
- T h is gives a very brief list of actions and recommendations.
Key recommendations
• Investing in youth targeted at providing better care for vulnerable children and community based preventative work.
• Research the needs of victims of crime and make better provision for them.
• Make crime harder to commit and easier to detect.
• Develop legislation governing the sale of alcohol in the best interest of the Island as a whole.
• Review the processes of the criminal justice system.
• Concentrate resources on reintegrating offenders and preventing their re-offending. Investing in youth
Recommendations and action Paragraph
reference
Establish and develop a network of new and existing 3.2
partnerships between the public sector, private sector,
community and individuals.
Develop and implement action plans based on the results of 3.1 - 3.7 the risk and service audits.
Provide a varied programme of residential, respite and 3.18 - 3.29 community based preventative work.
Provide high quality day care for vulnerable children 3.18 - 3.29 within mainstream day care settings.
Extend the provision of focussed, enriched nursery care 3.18 - 3.29 available to all vulnerable children.
Promote school commitment and success by maintaining 3.18 - 3.29 and monitoring attendance and providing alternative
curriculum experiences.
Looking after the victims of crime
Recommendations and action | Paragraph reference |
Conduct research into the needs of victims. | 4.5 |
Establish and develop a network of new and existing partnerships between public sector, private sector, community and individuals. | 4.6 |
Employment of "Victim Support Co-ordinator". | 4.9 |
Publication and implementation of a "Victims' Charter" giving clear and concise guidelines as to what victims can and cannot expect from victim support agencies. | 4.13 |
|
|
The provision of proper facilities for victims at Police 4.14 Stations.
The provision of a purpose built rape examination suite and 4.14 family room.
Guidelines to ensure that Court Compensation Orders are 4.14 uniformly and appropriately utilised, and rigorously
enforced.
A review of methods for giving evidence in court. 4.14
Making crime harder to commit and easier to detect
Recommendations and action Paragraph
reference Establish and develop a network of new and existing 5.1 partnerships between public sector, private sector,
community and individuals.
Appoint Strategy Manager to the Crime Prevention Panel. 5.17
Alcohol, criminality and anti-social behaviour
Recommendations and action Paragraph
reference Review of the current licensing provisions to ensure that 6.7 - 6.10 legislation is developed effectively and in the best interests
of the Island as a whole.
Research to be conducted in order to understand the impact 6.11 - 6.13 that alcohol has on the work of the various agencies such as
police etc.
All agencies in the criminal justice system to be required 6.16 routinely to collect compatible statistics on alcohol-related
crime.
Develop and establish new and existing partnerships 6.17 between licensees, the police, the Health Promotion Unit
and licensing bodies.
The rôle and development of the criminal justice system
Recommendations and action Paragraph
reference Review and report on the practicality of having a single 7.5 - 7.9 agency responsible for all cases from charge to sentencing.
To investigate the worth of developing a group of trained 7.11 Centeniers to present uncontested cases in the Magistrate's
Court.
Sentencers at all levels need to be active participants in the 7.12 development of and the debate surrounding sentencing
strategy and the need to be provided with up-to-date
sentencing information.
Offenders: re-integration and preventing re-offending
Recommendations and action Paragraph
reference Set up, monitor and evaluate a pilot victim/offender 8.7 conferencing scheme aimed at reducing re-offending by
requiring the offender to face up to the consequences of
own actions.
Set up, monitor and evaluate a literacy/numeracy - special 8.17 needs projects to determine the number and requirement of
offenders with such problems in Jersey.
Create a multi-agency post of Portuguese offender worker 8.20 - 8.21 to work with offenders in Probation, Prison and Alcohol
and drugs Service.
Conduct an external, independent evaluation of the 8.25 partnership between the Prison and Probation Services.
A policy on prison education needs to be further developed 8.24 involving both the further education college and the Prison
Governor.
The Legislation Committee should consider introducing 8.26 - 8.27 post-custodial supervision.
Delivering the strategy
Recommendations and action | Paragraph reference |
Develop, support and maintain "community liaison groups". | 9.16 - 9.23 |
Research needs to be conducted in order to establish local risk factors and identify potential indicators of criminal and anti-social behaviour. | 9.26 |
A comprehensive monitoring and evaluation process needs to be developed to ensure that all initiatives are achieving their goals, on time and cost-effectively. | 9.26 |
Conduct comprehensive crime (victim) survey. | 9.26 |
Conduct small scale research that arises as a result of other 9.26 research/demands for interventions.
A comprehensive survey of current services needs to be 9.26 completed in order to identify any gaps or overlaps.
Initiate the development of a corporate information 9.28 strategy.
CHAPTER 3 Investing in youth
Statement of purpose
- T h e aim of this part of the strategy is to provide a long-term programme for building a community wherein children and young people are valued, respected and encouraged to achieve their full potential.
- T h is will be achieved by establishing a working partnership between families, organisations, communities and individuals to promote healthy personal and social development among young people, while reducing the risks of different problem behaviours.
Introduction
- T h e strategy will apply up-to-date knowledge about the factors most likely to encourage self-reliance, achievement and social commitment among young people.
- T h e aims of the strategy will be to devise local action plans to -
• support and strengthen families;
• promote school commitment and success;
• encourage responsible sexual behaviour;
• achieve a safer, more cohesive community.
- I n o rder to achieve these aims the strategy will endeavour to initiate localised action plans focusing on five main areas -
• the family;
• schools;
• the community;
• the individual;
• peers.
- R e s earch has shown there are influential risk factors inchildren's lives that increase their chances of developing health and behaviour problems as they grow older. Equally importantly, there are protective factors that help to shield young people from problems. Using a step-by-step approach, this strategy makes it possible to map factors in the lives of local children that are making it more or less likely they will experience -
• anti-social behaviour;
• school failure;
• school age pregnancy and sexually transmitted diseases;
o r b e c o me involved in -
• substance misuse;
• violence and crime.
- A n al ysis of the particular risks influencing children leads to a strategy where genuine priorities can be targeted for action. Informed decisions can then be taken about existing services and the most effective way of applying them. Gaps in provision can also be identified and filled by introducing new interventions as necessary.
- T h e strategy will ensure that the plan of action for the community is rooted in a knowledge of best and most effective practice.
Risks and protective factors
- Wh e n looking at positive interventions it is important to take note of a number of issues -
( a ) T he more risk factors the greater the risk. Exposure to a greater number of risk factors results in a
disproportionate increase in the level of risk. This underlines the importance of targeting multiple risks.
(b ) D if ferent problem behaviours have common risk factors; therefore reducing a particular risk factor is likely to
impact on a number of problem behaviours.
(c ) R isk factors are consistent across different social groups. Whilst the levels of different risk factors may vary,
the way in which they influence children's development is the same.
- Pr o tective factors work by either reducing the impact of the risk or by changing the response of the individual to it. It is therefore essential within this part of the strategy that all agencies involved have an understanding of protective factors. Examples of protective factors might include - individual characteristics (resilient temperament, outgoing nature, gender); strong social bonds (family, teachers, community); healthy standards (leading by example, clearly stated expectations).
- I t is the aim of this part of the strategy to promote these protective factors by ensuring that children are not excluded, and have the opportunity to feel involved and make a positive contribution in their family, school and community. This can range from helping to cook dinner to organising after-school events. In order for the children to take advantage of such opportunities and become involved, it will be necessary to ensure that they have the appropriate skills. This may involve instruction in practical tasks such as cookery or it maybe that they need to be taught social skills such as listening or problem-solving. Whatever is necessary to enable the child to participate and feel involved and included, it is important that their efforts are recognised and their contributions valued.
Framework for delivery
- T h e key to the whole of this part of the strategy is to identify the risk factors which influence our children, and implement action plans which promote appropriate protective factors.
- I n o rder to achieve this, there is a need to carry out an accurate and comprehensive risk audit to facilitate the correct targeting and prioritising of local risk factors. This is essential in order to ensure that the strategy is genuinely geared to dealing with local problems and individuals. As well as the risk audit, there is a need to complete an audit of local services in order to pinpoint gaps/overlaps in existing services and highlight resource/service implications for the strategy.
- T h e se audits should take between three to six months to complete and should be centrally co-ordinated. The data gathered on the risk and resource audits will provide the baseline upon which the programme's progress can be evaluated.
- O n ce the initial stages of research and development have been completed, it will be necessary to start implementing action plans. Each agency will have control over where best to focus their own particular resources based on the results of the audits.
- I t is envisaged that there will be a need for local/neighbourhood based, "Community safety liaison groups" which would oversee the implementation of local/neighbourhood initiatives. The groups will include parents, Parochial officials, service professionals, business people, voluntary workers, school teachers, community representatives and
of course, young people.[11] By having such locally based groups it will be possible to identify local needs and ensure that responses to these needs are appropriate and targeted with no duplication of effort. It will also ensure that
the community has a sense of ownership of the action plans, which research has shown is a crucial factor in
successfully implementing such plans.[12]
Action plans
- T h e following is a list of "Action Plans" which have been proven to work in other communities. The Action Plans are basically a way in which risk factors are matched with protective factors. The following examples are taken
mainly from the "Communities that Care" Guide.[13] This is by no means an exhaustive list and should not be considered as such.
Family focus
- P re/Postnatal care and support: Programmes that increase involvement in antenatal care and preparation for parenthood not only promote the chances of a healthy pregnancy and birth, but also help to reduce the baby'slong- term risks of a troubled and troublesome adolescence.
- Parenting education: Helping parents to learn family management skills, including non-violent discipline techniques, can result in long-term benefits for their children. Fewer behaviour problems, improved parental confidence, better family relationships and a more positive attitude to learning and school are among the positive outcomes noted by research.
- P arental responsibility: The strategy will seek to support initiatives designed to encourage parents to discharge their responsibilities towards the care and supervision of their children.
- Supported accommodation: Whilst this strategy aims to ensure that a child is raised in a happy and supportive family, it realises that this is not always possible. We are somewhat fortunate in Jersey in that we have a fairly comprehensive system of supported accommodation, (foster care, voluntary and States' Hostels etc.) which provide these vulnerable youngsters with the kind of environment in which they can flourish and enjoy their childhood. However there are a number of notable gaps in the provision. There is a desperate need for more single accommodation, at affordable prices, for young people leaving home. This is particularly relevant to those teenagers leaving residential schools.
School focus
- P re-school education: Playgroups, nursery schools and other forms of pre-school education give children the opportunity to learn through play, mix with other children and master a range of basic skills. These experiences assist their educational and social development and stand them in good stead for the years of compulsory education. Research has also demonstrated that this provision can be directly linked to a reduction in deviant behaviours in later childhood and adolescence.
- Schools: In the United Kingdom, a large number of local education authorities have made a major commitment to combating disaffection, and this has resulted in successfully securing alternative sources of funding to support innovative work at school. There have been examples of new rôles for the Educational Welfare Service, Behaviour Support Services, new approaches to registration, increased parental liaison and enhanced links between primary and secondary phases. From the initiatives, four major focuses have emerged as crucial.
1 . M aintaining and monitoring attendance.
2 . Pr oviding direct support for emotional and behavioural needs. 3 . O f fering alternative curriculum experiences.
4 . D e veloping positive school/parent partnerships.
- E a c h focus has three possible dimensions. They can be dealt with on a whole school level, through new school- based rôles and by providing external support. Research to date suggests that initiatives for dealing with truancy and disruption are unlikely to be effective unless all three of these dimensions are addressed together and simultaneously.
Community focus
- Th e Communities That Care programme: This programme is a way of strengthening and mobilising the community and reducing risk factors, notably community disorganisation, high resident turnover, and lack of neighbourhood attachment. The programme provides opportunities to contribute and develop the skills necessary to participate in community life. It also recognises the importance of the concept of citizenship and the need to provide consistent and appropriate recognition of each individual's contribution. Specific interventions such as after-school clubs and youth action projects can be integrated into the overall strategy.
Individual focus
- Personal development: Leisure activities, sports and outdoor activities can play an important part in reducing the risks of young people developing problem behaviours. They can also play a positive rôle by involving young people with others who are socially responsible and set clear standards of behaviour. By demanding a combination of individual skills, motivation, team work and self-discipline, they provide a practical reinforcement in programmes whose aim is to improve employment, social and thinking skills. They also provide the child with the opportunity to
enjoy themselves. American research[14] has shown that the time between schools closing and parents getting home from work is the prime time for juvenile offending. It is therefore essential that any strategy aimed at reducing the
harm caused by juvenile offending must include recommendations aimed at filing this gap. Examples of this would be school-based and community-based after-school clubs.
- Community mentoring: Community mentoring programmes typically involve volunteers spending time with individual young people to encourage and support them in educational and social activities. The commitment and support of an adult in this way maybe especially significant where children are alienated from their own families, lack positive rôle models and find it hard to place their trust in other people.
Peer focus
- P eer influence strategies:As they approach adolescence, young people may find it easier to take advice from friends and peers. Some schools make positive use of peer pressure by encouraging older pupils to help younger children with their schoolwork etc. American research has shown that using peer leaders is one of the most effective
ways of reducing anti-social and criminal behaviour.[15]
- Yo uth Work: Youth Work focuses on developing the social skills necessary to determine intended pre-social behaviours, and the motivation and ability to implement them. Only a conscious and planned professional approach is likely to affect the intended attitudes and behaviours, which are usually the result of many years of adverse [16]
influences . Common characteristics of effective youth work include strong inter-agency collaboration, flexible use of resources, accessible provision for young people, well-structured and evaluated programmes with clear aims and objectives, a sense of ownership by young people and good quality staff.
Conclusion
- T h is part of the strategy is based upon the notion that in order to promote healthy personal and social development amongst our youth and communities, it is necessary to emphasise positive values and norms, within a supportive environment. This can only be achieved through an understanding of the risk and protective factors particular to our society and the implementation of best practice through the further development of provision that must include agencies in the public and private sector, voluntary and community organisations, schools, families and individuals.
- B y focusing on the five areas; families, schools, community, individuals and peers, a broad rangeof positive interventions will be implemented, providing a holistic approach to anti-social behaviours and criminality amongst our youth.
- C h ild ren have the right tobe raised in a community that respects, cares and nurtures them. This part of the strategy should be an obligation, not an expectation. Only by all agencies, statutory and non-statutory, really working together will this be possible. Fixed professional boundaries need to be broken down to ensure everyone is working collaboratively towards this common goal.
Looking after the victims of crime
Statement of purpose
- V ic tim s of crime are entitled tobe treated with dignity and respect. Recently great strides have been made in Jersey in orderto ensure that this happens. This section aims to build on those improvements and consolidate the rôle of the victim as a primary consideration for all the agencies involved in the strategy.
Introduction
- T h e aim of this strategy is significantly to reduce the incidence of crime in Jersey and its effect upon the community, it being accepted that crime cannot be, and in all probability never will be, totally eradicated. If there is crime then there will be victims. One way in which the effect of crime can be mitigated is to endeavour to alleviate the suffering of those victims; it is to this aspect of the strategy that this Chapter is devoted.
- A n y strategy which involves discussion of the position of victims has to recognise the feelings that many victims have about the way they are treated. It must also realistically face the limitations of what is feasible, reasonable and affordable in providing adequate levels of support, guidance, compensation and protection to victims of crime.
Framework for delivery
- I n o rder for the strategy to fulfil its obligations to the victims of crime, a number of important steps need to be taken.
- Fir s tl y, as in all areas of the strategy, it is important to review the current level of provision, identify gaps/overlaps and make recommendations basedonup-to-date information. It is equally important to conduct research into the needs of victims, and in particular it is important to identify local needs as these may differ from victims in other jurisdictions.
- Se c o ndly, a strategy which aims to provide a service to victims will need to set up and develop an extensive network of partnerships with public and private sector agencies, voluntary and community groups. It is therefore necessary to review the current procedures for referral, funding and the sharing of information both for the victim and the agencies that deal with the victim.
- T h e provision of victim support needs to be closely monitored and evaluated to ensure that the needs of the victim are being met in an appropriate and sympathetic manner. Much of this work is currently underway or has already been recommended. The following is a brief account of current initiatives/ recommendations.
- T h e main agencies currently dealing with victims of crime in Jersey are: Jersey Victim Support Scheme, the Rape and Sexual Assault Counsellors, the Women's Refuge (which are all voluntary agencies) and the Child Protection Team which is a government agency.
- A ll f our agencies provide invaluable assistance to victims of crime. The lack of budgetary provision has, however, hitherto hampered the enhancement of the voluntary schemes. The Defence Committee has commendably recognised some of these shortcomings and has set aside funds in the 1998 budget for the employment of a "Victim Support Co-ordinator" on a one-year contract. His rôle is toco-ordinate the operational work of Victim Support and Rape Crisis and to facilitate the development of comprehensive and complementary support for victims of crime. It is a recommendation that this post be funded for the duration of the strategy, if proven to be effective.
- T h is provision would provide an excellent example of States' support and community voluntary action, producing the ideal partnership. It is not considered that government agencies are always the best placed to provide initial action or intervention. The relevant authorities must, however, involve themselves sufficiently to provide the correct level of support tothese voluntary agencies, this in a true spirit of working together and genuine community involvement.
- I t is now the policy of the States' Police to provide information about victim support and criminal injuries compensation schemes to all victims, as well as information about the officer in the case, crime recording reference and further support opportunities. In addition, it is understood that, in 1998, arrangements are in hand to keep victims informed of the current position of their crime investigation, whether the defendant is on bail or in custody,
and the result of the prosecution or the Parish Hall Enquiry, as the case may be. This initiative is a positive and helpful one
and is to be warmly welcomed. Also in 1998, the States' Police will review a method of informing the Court of the effect of the full impact of the crime on the victim, prior to sentencing the offender.
- T h e Jersey Probation Service has recently reviewed its work in relation to victims and has issued a "position statement" for consultation in order to plan its future response.
- V ic tims should be provided with clear and concise guidelines as to what they can and cannot expect from victim support agencies. This could take the form of a "victim's charter" and will provide the agencies with a benchmark against which to assess their own performance. The involvement of victims, voluntary and statutory agencies, Courts and politicians is fundamental to ensure that a document such as this is comprehensive, credible and retains the support of all concerned.
- T h e re will be other aspects in relation to the position of the victim which will require consideration as the policies proposed by this project, if accepted, are implemented and become effective. These will include -
• A review of methods of adducing evidence from victims in court, such as use of screens or video links[17] for
a wider range of victims to minimise the trauma they experience.
• T h e provision of proper facilities for victims at Police Stations.
• T h e provision of a purpose-built rape examination suite and family room.
• G uidelines to ensure that Court Compensation Orders are uniformly and appropriately utilised, and rigorously enforced.
- A ll these potential measures need tobe reported upon and costed for inclusion in future States' budgets.
- I n addition, it is of primary importance that a large-scale victim survey is conducted as soon as possible and repeated in year three and year five. This will not only provide a localised knowledge bank upon which tomake informed strategic and operational decisions, both now and in the future but it will also provide a sound benchmark upon which to assess and evaluate the progress of the strategy and help to highlight successful and notso successful actions.
Conclusion
- I n th e past the focus has tended to beon offenders, and the needs of victims have often been overlooked or at least have been seen as a secondary consideration. This strategy aims, partially, to redress the balance by ensuring that victims are treated with respect and dignity. It therefore aims to ensure that present and future provision is based on a comprehensive understanding of the local needs of victims, and that all agencies involved with victims perform their rôles in a co-ordinated and professional manner.
Making crime harder to commit and easier to detect
Statement of purpose
- T h e aim in this part of the strategy is to introduce further measures that reduce the likelihood of a criminal or anti- social act being committed, and increase the likelihood of an offender being apprehended. In this way, it will be possible to reduce the community's fear of crime and increase the community's confidence and safety. This will be achieved by developing and strengthening new and existing partnerships with the public and private sectors, community groups and voluntary agencies aimed at co-ordinating, developing and evaluating new and existing prevention and detection measures.
Introduction
- I t is generally accepted that there are two ways to prevent crime and anti-social behaviour. The first aims to prevent criminality and anti social-behaviour by addressing the underlying causes, by focusing on the lifestyle, life chances of the offender and intervening where necessary at an early stage. It could be said that this approach addresses the problem ofwho is likely to commit crime and why. This is the theme of Chapter 3.
- T h e second approach focuses onhow, where and when, criminal or anti-social acts are likely to be committed. This approach is commonly known as situational crime prevention or "target hardening". The main focus of this approach is to make crime and anti-social behaviour more difficult to commit, more risky and less rewarding by putting in place measures such as better security, increased surveillance and property marking. This is the most commonly understood type of crime prevention. The approach addresses the situation in which crime is likely to occur, as opposed to the offender.
- I t is important to note that neither of these two methods is likely to be effective in isolation from the other. They depend upon each other for success. Research has shown that when a package of measures is implemented that
include both elements, the benefits of the whole can be greater than the sum of the parts.[18]
- T h is Chapter does not aim to identify precisely each and every measure that could or should be introduced to make crime harder to commit and easier to detect, but to recommend a viable framework for the co-ordination of the efforts of all those who would be involved.
- A cc o rdingly, this Chapter must only be read and considered in the context of its being an integral part of the whole strategy.
Making crime harder to commit
- M e a sures to make crime harder to commit are about decreasing the opportunities available for potential offenders. There are a number of good examples of this already available in Jersey. One such example would be the Housing Committee's excellent redevelopment of the former Nicholson Park, which has reduced the opportunities for criminal anti-social behaviour by reducing the amount of undesignated open space.
Making crime easier to detect
- M e a sures to make crime easier to detect are about increasing the chances of offenders being caught and therefore made to account for their actions. Again there are a number of local examples, one such being the installation of closed circuit television monitoring in key locations around St. Helier .
- T h e r e are two important aspects in relation to these measures that have often been overlooked when they have been implemented as part of a crime prevention policy rather than a community safety strategy such as this. Firstly they have a significant deterrent effect. Secondly they can have a considerable, positive effect on people's lifestyle by reducing fear of crime and increasing community/neighbourhood confidence and safety. By including these measures within the framework of a community wide strategy, we are recognising that fear of crime and community perceptions are a significant part of the harm we are trying to reduce.
- N o t only will these measures have a positive effect on the strategy as a whole, but their inclusion will also ensure that people have the confidence and disposition to live in our community without feeling the need to turn residential and commercial properties into fortresses.
Framework for delivery
5.11 T h is part of the strategy will depend to a large extent for its success upon developing new and existing partnerships between public and private sector agencies. Essential to its success will be good and effective co-ordination. Over and above the need for co-ordination at the strategic level will be a need for liaison at the implementation level in order to ensure that any measures introduced complement each other and that there is no duplication of effort.
5.12 T h e key activities involved in successful introduction of crime prevention/detection measures would be -
• ac c urate research into best practice and local risk factors;
• au d it of local existing measures and services;
• m o nitoring and evaluation of development/implementation /outcome;
• co - ordination at all levels;
• ap p ropriate consultation between public sector, private sector, community and voluntary agencies.
5.13 A c curate research is needed to ensure that the measures introduced are suitable for the local context, that they are properly targeted and prioritised, and that they are commensurate with the overall aims and philosophy of the strategy. Initial research should also provide us with a sound foundation on which to base monitoring and evaluation strategies.
5.14 Pr o per co-ordination and facilitation of the strategy will ensure that any crime prevention/detection measures planned and implemented are complementary to the strategy as a whole.
5.15 M e asures involving major work would, in the main, be undertaken by public sector bodies, such as the Police, the Parishes and States' Departments, who will have participated in and are committed to the strategy.
5.16 O th er measures will be implemented by private sector, voluntary or community based agencies. It is necessary therefore to ensure that these bodies have a full understanding of the strategy. It will be necessary to develop good standardised liaison methods with these groups in order to facilitate information circulation. It is envisaged that this rôle would be performed by a central information agency such as the Community Crime and Drug Strategy Unit.
5.17 T h ese bodies could all be represented on the Crime Prevention Panel. The Panel is thus ideally suited to play a leading rôle in promoting crime prevention and detection measures in the private sector. The measures promoted would have to be compatible with measures being implemented elsewhere and, as previously mentioned, the strategy as a whole. The Panel maintaining close links with the Strategy Unit would achieve this. In this context it would be useful to consider the appropriateness of the Crime Strategy Manager joining the Panel as a member.
Conclusion
- T h e community at large must be made to feel involved in reducing crime and anti-social behaviour, and be encouraged to develop its own measures for crime prevention and detection, both individually and in groups. This will require energetic and effective promotion work. The Community Crime and Drug Strategy Unit is ideally placed to fulfil such a rôle, and it could also be the focal point for any proposed initiatives, offering support and advice.
Alcohol, criminality and anti-social behaviour
Statement of purpose
- T h is section aims to highlight the need to tackle the problems caused by inappropriate levels of alcohol consumption. There is a need to initiate and strengthen community action on understanding, preventing and managing the harm associated with alcohol use. To do this, an understanding of the diverse formal and informal mechanisms that have evolved for balancing the costs and benefits of alcohol use, and exploring ways of reducing the harmful consequences, are required.
Introduction
- Fo r too long, oneof the most obvious contributors to our crime problems, alcohol, has been ignored. A great deal of crime, in particular violent and sexual crime, is associated with alcohol misuse.
- I t is important to strike a realistic balance between giving undue weight to the contribution that excessive drinking contributes to offences, and glossing over the significance of its contribution. When discussing alcohol's connection with crime we should remember that -
(a ) m ost people in Jersey drink alcohol and do not commit criminal offences;
(b ) o f fenders who drink alcohol do not commit an offence every time they drink;
(c ) in toxication is, however, disproportionately associated with criminal behaviour.
- A n important aspect of an alcohol strategy must be to help people obtain a realistic perspective on the issues surrounding alcohol-related crime. A clear example of misperception is the number of elderly people and women who avoid town centres on weekend evenings because of a fear of violence or intimidation. The fear is a very real fear, however crime statistics show that the most at-risk group is males aged 20-30 years.
Framework for delivery
- A s m entioned above, the aim of this part of the strategy is to reduce the harm caused by alcohol-associated crime and anti-social behaviour. Research has shown that this can be achieved by introducing a number of measures in four basic areas -
1 . R a ising awareness.
2 . L i censing.
3 . C r iminal justice system. 4 . A lc ohol services.
Raising awareness
- C h a nging the mind-setof alcohol-related problems is one of the key objectives of this action plan, and a wide understanding of the issues surrounding alcohol is essential if a community's interest and commitment are to be grasped. The means of achieving this will be by ensuring that accurate information about alcohol use, the understanding of its effects and locally relevant statistical information are made available to the community. Hopefully, then people can count the costs of the social implications of drinking behaviour and judge the appropriate responses for themselves.
Licensing
- T h e amount of alcohol-related problems that any given community experiences is positively associated to the amount of alcohol it consumes.
" B r o a d ly , a p opulationwith a relatively high level of alcohol consumption tends to have a relatively high
level of alcohol-related problems, and if the country's alcohol consumption increases, then this is likely to be accompanied by an increase in the level of alcohol problems. Conversely, if a country's alcohol consumption declines, then there tends to be a commensurate decline in that country's level of alcohol problemsThere is
ample evidence that this commonsensical assumption is correct. We are not here proposing some abstract, inflexible natural
law but pointing to the empirical findings". [19]
- H e n ce a community which has a high consumption level will inevitably experience more problems than a community which has a lower consumption level. Alcohol availability depends on the number and types of outlets for retail sale. The types and number of sales outlets that are permitted under the law affects both sales and, therefore, ultimately consumption levels. Figures obtained from the Judicial Greffe reveal that the number of premises holding liquor licences in Jersey is high; one licence for every 70 adults aged eighteen years and above.
- T h e community's perception of alcohol-related offences is influenced by local traditions and attitudes. In Jersey, licensing laws are administered by the Tourism Committee, not the agencies that have to deal first-hand with the problem of alcohol-related crime. Alcohol prices are relatively low. For a long time this has been used as a selling feature of Jersey. Evidence suggests that there is a firm link between price of alcohol and levels of consumption, and therefore to links with alcohol related crime.
" A la r g e n u m ber of studies into the effects of price changes on consumption have now been carried out in a
wide range of countries.some studies have looked into the direct effects of price changes on the levels of harm.
- T h e main conclusions are -
(a ) A l cohol behaves basically like other commodities - if prices go up consumption goes down and if prices go
down consumption goes up.
(b ) P r ice elasticities - the responsiveness of alcohol to price changes - are not the same for all times and places
nor for all beverages.
(c ) H e avy and even alcohol-dependent drinkers are influenced at least as much if not more than lighter drinkers by price changes, contradicting the claim often made that alcohol prices only penalise moderate consumers
while having little or no effect on heavy and problematic drinkers."[20]
Criminal justice system
- I t is difficult to define precisely the connection between alcohol use and crime. However, the 1995 All Party Group
on Alcohol Misuse Enquiry[21] concluded that there is a strong association between alcohol use and crime. Offenders sometimes link the fact that they have committed a crime with being intoxicated through alcohol,
providing accounts of offences that feature a pre-crime drink to provide dutch courage and the distortion of a person's ability to think and make rational decisions.
- Wh ile we regularly see new initiatives taken to tackle crime in Jersey and world wide, few of these have ever made a serious attempt to address the rôle played by alcohol consumption. It is as unacceptable to engage in acts of
violence under the influence of alcohol, as it is to drink and drive. As Wallack[22] points out, the whole "system", from the individual to the States, needs to show a consistency of purpose by committing to a common goal and
philosophy. Everyone must take responsibility for his or her own actions. Alcohol is not regarded as a defence or as a mitigating factor in law, and in some instances consumption of alcohol only adds to the seriousness of the offence. This needs to be underlined, especially when dealing with repeat offenders.
- C rim inal justice agencies recognise a strong link between alcohol and crime. Alcohol-related crime has high economic and social costs and takes up a considerable amount of time of the criminal justice agencies. These findings are not reflected in the low level of priority given to the issue, and alcohol continues to be a marginalised factor, especially when compared with illegal drugs.
Alcohol services
- B y investing in alcohol services it is possible to reduce the costs of alcohol related crime.
" Th e effe c tiv e ness of any local prevention strategy depends on the cumulative impact of a wide range of
prevention activities involving many different organisations and groups. Any integrated strategy should include a range of activities, which covers each of the three basic prevention foci, which are problem drinkers,
drinking habits and alcohol itself. Any strategy which emphasises one particular component to the exclusion of the other two would be unbalanced, would not draw on the full range of local resources and as a consequence would be of
limited value."[23]
- A p roper response to alcohol-related crime requires co-ordination of all agencies. Alcohol should be given at least as much attention as illegal drugs, as it currently causes considerable harm to Jersey's society as a whole.
- A n y local initiative should be closely monitored. However, before monitoring can be done, the key organisations and groups of workers will need to be in a position to assess the scale and nature of the alcohol problems they face. Detailed research should be undertaken to explore the nature and prevalence ofJersey's alcohol-related problems. This will allow Jersey to target interventions more appropriately and give the strategy the ability to assess the effectiveness of the interventions. Local data helps to increase the community's appreciation of the importance of alcohol among offenders and the drain on resources that this represents - it also provides a baseline from which to monitor the impact of changes. Reports based on local experience provide a sense of immediacy and urgency that may not be generated by national data.
Conclusion
- T h is part of the strategy aims to reduce the harm caused to our society through the misuse of alcohol. There is ample evidence associating alcohol misuse with certain types of crime. By ensuring that our community has a clear understanding of the issues surrounding alcohol misuse, we will endeavour to reduce overall consumption rates and thereby diminish and manage the levels of associated harm. This will entail some fundamental changes in the way in which professionals, politicians, service providers and members of the public perceive the use of alcohol in our society. It is vital to the success of this part of the strategy that the agencies involved have a common purpose and are actively working in partnership to achieve the agreed goals.
CHAPTER 7
The rôle and development of the criminal justice system
Statement of purpose
- T h e criminal justice system of Jersey aims to ensure that it is a just and fair system, it will ensure that offenders are dealt with quickly and at an appropriate level. It will ensure that sanctions are pertinent to the overall aims of the strategy and that sentencing is consistent, expedient and commands public confidence.
Introduction
- A r e spected and efficient criminal justice system, particularly in a small jurisdiction such as Jersey, serves as a useful deterrent to would-be criminals. That respect is only gained and maintained if the system demonstrates integrity, efficiency and consistent practice. That is happily largely the case at present, but nonetheless a review of the criminal justice system in Jersey is considered tobe a necessary, if not indeed an integral, part of the strategy.
- O ff e nders will not be deterred from re-offending if -
(a ) th ey do not consider that they have been treated fairly and consistently with other offenders; (b ) th e ir sentence is imposed so long after the offence that it has no clear link with the offence;
(c ) th ey do not receive what they perceive to be a fair trial;
(d ) th e y do not receive competent and accessible legal representation;
(e ) th ey do not receive a constructive and appropriate sentence, which addresses the causes of their offending and
gives them the tools with which to avoid further offending;
(f ) th e manner in which they are processed reinforces their status as an offender or it stigmatises them to a degree
that makes re-integration impossible;
(g ) th e y do not receive appropriate and adequate post-sentence supervision and support. Framework for delivery
- I n o r der to ensure that the criminal justice system operates as a deterrent and not just as a last resort it is necessary to address the following issues.
Offences need to be dealt with at the right level
- It is considered desirable that offenders be dealt with at the lowest possible level to reduce the risk of the reinforcement of offender status, stigmatisation and to speed up the process. Research shows that minimum intervention by the criminal justice process is likely to be the most effective way of preventing re-offending in the
majority of cases[24]. By increasing the jurisdiction of the Parish Hall Enquiry, it would be possible to redirect many more minor offences away from the more formal criminal justice agencies, thereby reducing the risk of re-offending.
This in turn would allow the Magistrate's Court to focus on more serious or persistent offenders and it is recommended that the jurisdiction of both the Magistrate's Court and the Royal Court are modified to reflect this.
- M e a sures which could be introduced in order to facilitate this include -
(a ) a n increase in the powers of Centeniers and Magistrates enabling them to impose an increased number of
sanctions and deal with a greater range of offences;
(b ) a c omprehensive training and supervision programme for Centeniers;
(c ) a monitoring and evaluation system to ensure consistency and fair practice in Parish Hall Enquiries; (d ) th e issuing of guidelines on sentencing;
(e ) a t tendance at Parish Hall Enquiries to be made compulsory;
(f ) o n -the-spot fines for minor motoring offences;
(g ) g u ilty pleas by post for some offences at Parish Hall and Magistrate's Court level.
- T h e s e proposals would not involve a change in status of the Parish Hall Enquiry. Any contested cases would still be referred to the Magistrate's Court. The proposals would however ensure that significantly more people who commit minor offences would be dealt with outside of the formal Court system and thereby avoid the potential stigma (or status) attached to Court appearances. This would be particularly beneficial to young offenders.
- T h e criminal justice process needs to be seen to be fair, and sanctions need to be equitable and consistent with the aims and objectives of the strategy.
- I n o rder to achieve this it will be necessary to review the rôle of the Court system and research best practice in other jurisdictions. Issues that should be looked at are -
(a ) th e rôle of the Magistrate as prosecutor/judge;[25] (b ) th e procedures of the Royal Court;
(c ) a p propriate and formal training for Centeniers, Jurats, Magistrates and Royal Court Judges; (d ) r ec ording practices in all Courts including Parish Hall Enquiries;
(e ) c u rrent sentencing policies and aims of such policies;
(f ) c u rrent victim and witness provisions.
There is a need to ensure that the offender is dealt with quickly and efficiently
- A q uick and efficient criminal justice system is desirable for a number of reasons. The quicker and more efficiently cases are dealt with, the more cost-effective the system becomes; however as already mentioned, it is also desirable from a deterrent point of view that justice must beseentobe done swiftly. It also has a potentially beneficial effect on the victim (if there is one) who will see that the offender is dealt with swiftly. This is particularly important when dealing with young offenders.
- C o n sideration should be given to the following areas -
(a ) r e sponsibility for the progress of all cases from charge to sentencing should be the responsibility of a single
agency;
(b ) a c entral booking/charges office should be considered as an integral part of the court system;
(c ) in vestigate the worth of developing a group of trained Centeniers to present uncontested cases in Magistrate's
Court;[26]
(d ) r ev iew of the rules of evidence.[27]
Sentencing needs to be consistent, appropriate and command public confidence
- C o nsistency and appropriateness in sentencing are both important factors in maintaining public confidence. Therefore it is important that the public is made aware of the thinking behind the courts' sentencing policies, and that those passing sentence are actively involved in and demonstrably in favour of the strategy. The following points are suggestions as to how this may be achieved. It is important, however, to note that none of these recommendations should be introduced until a thorough investigation has been undertaken into best practice in other jurisdictions and a comprehensive audit of current practices in Jersey has been completed.
(a ) C enteniers, Magistrates and Judges should be provided with up-to-date sentencing guidelines. (b ) Se ntences at all levels need to be monitored to ensure consistency.
( c ) Se ntencers need to be active participants in the development of and the debate surrounding sentencing
strategy.
( d ) A comprehensive database of sentencing information should be set up and maintained in order to ensure
consistency and to provide the strategy with up-to-date information on "what works" in sentencing terms.
Conclusion
- T h e criminal justice system in Jersey has evolved overmany hundreds of years. It has many unique and exceptional characteristics. The recommendations made above, in common with others in this strategy, are evolutionary not revolutionary and will help to ensure that Jersey's criminal justice system is respected, efficient and consistent.
CHAPTER 8
Offenders: reintegration and preventing re-offending
Statement of purpose
- T h e aim of this part of the strategy is to look at ways that can reduce the prevalence of repeat offending. A small minority of offenders commit a great deal of crime. There are a number of measures that can be taken which address the problem of repetitive crime. This chapter takes a brief look at what works post-arrest and what the necessary resource implications are for our Island.
Introduction
- O ff e nding is a common feature of male adolescence; but few people become repeat offenders. British research shows that one in three males commit a relatively serious offence before they reach the age offorty.[28] Most people who offend will only do so once, a smaller number doso twice, and so on.
- A n u mberof these non-repetitive offenders can be dealt with successfully outside the formal Court system. This has many practical advantages to society - such a course of action usually results in speedier justice and is cheaper than the Court process. Evidence also suggests that dealing with these offenders with as little intrusion into their
lives as possible can actually prevent them from becoming repeat offenders.[29] Over-reacting to their offending can result in their being placed on unsuitable or unduly harsh programmes, or worse still, confined in institutions which
are inhabited by more sophisticated and hardened offenders.
Framework for delivery
- C o n t emporary understanding of the problem of repeat offending and re-integration suggests that there are a number of factors which can help to reduce the likelihood of re-offending and aid re-integration.
Diverting offenders from formal court procedures
- J e r s ey has a very impressive system of dealing with less serious and non-repetitive offenders at Parish Hall enquiries. When an offence has been admitted and where Court proceedings can be avoided, the presiding Centenier can, in certain circumstances, give the offender a written caution, order him to pay a fine or direct that he receive supervision by either the Probation orChildren's Service, depending on his age. In addition to any of the above sanctions, the Centenier can suggest that the offender writes a letter of apology to the victim.
- T h is system has a great deal to commend it. The offender has had to face the consequences of his behaviour and has received a penalty, but nonetheless it has been possible to avoid the stigma and harmful effects of his receiving a Court conviction. This would assist him in gaining employment in the future - an important element in staying out of trouble and being a responsible memberof society. A study of all young offenders who were dealt with at Parish Hall Enquiry level in 1995 showed that 83 per cent did notre-offend within a year following their appearance there. It is considered that this demonstrates clearly that the majority of youths can be dealt with very successfully indeed at this level in the Island's criminal justice system.
Victim/offender conferencing
- V ic tim s report greater satisfaction with the criminal justice process when they have been involved in the system and have received information, explanations, apologies, and reparation. In recent years many communities have introduced victim/offender conferencing. The method involves calling together the offender and his or her family and the victims of the offending to a conference to discuss and attempt to right the harm caused by the crime. Unlike court, the conference is a forum in which everyone can have their say - including the victims. The intended outcome is to produce an agreement between the offender and the other conference participants which sets out how the offender will make amends for the harm caused - both to the victim and to the community. Research conducted in communities using this conferencing system has indicated high levels of victim satisfaction compared with their
experience of the traditional British justice system.[30]
Community sentencing
- T h e vast majority of offenders, receive some form of sentence that enables them to stay within the community. A
large percentage are fined. Most offenders are therefore quite suitably dealt with by a non-custodial sentence of one kind or
another.
- Pr is ons are of course necessary and play an important part in the criminal justice system, custody being the appropriate sentence for some offenders - particularly those whose offences are serious, or those who pose too great a risk to society.
- H o wever, community sentences are much cheaper than imprisonment, and many are extremely successful. About 400 offenders are placed on Probation or Community Service and together these cost about a third the cost of
imprisonment.[31] Their success rates are good. 84 per cent of offenders completed their probation between 1991 and 1996, and 88 per cent completed Community Service. More importantly, 66 per cent did not re-offend within a year
of completing probation, and 77 per cent within a year of completing Community Service. One reason why these sanctions are so successful is that they allow the offender to keep their lives, families, jobs and homes intact.
- B ea ring in mind the success of community sentencing, and its cost relative to imprisonment, there is much to be said for reserving custodial sentences for those offenders who are dangerous orhave committed serious offences. Behavioural/thinking skills programmes
- U n ited Kingdom research shows that 48 per cent of crimes committed by males are committed by four per cent of
male offenders.[32] This means that nearly half of all crime committed by males is a result of repeat offending. There is now a considerable body of evidence about which interventions are likely to succeed with highly repetitive
offenders.[33] This evidence shows that the most effective approaches for these offenders -
(a ) te ach new behaviours and thinking skills - many highly repetitive offenders have problems with their thinking
skills and are unable to foresee the consequences of their actions or the impact they have on other people - these skills can be taught;
(b ) c o ncentrate on types of behaviour and attitudes which are linked to repeated offending (such as substance
misuse) rather than vague personality characteristics;
(c ) a r e planned and structured, often delivered in a classroom style using teaching methods;
( d ) ta ke place in the community - programmes can and do work in custodial settings but work better in the
community.
- T h e Jersey Probation Service has recently developed a range of programmes which are based on the above research and which directly deal with persistent offending, male aggression, domestic violence, alcohol abuse and drug abuse.
Substance misuse
- Wh ilst the issues surrounding substance misuse have been dealt with both in this strategy and in the "Working Together Against Drugs" strategy, it is appropriate for this section to re-emphasise the importance of tackling this problem when dealing with issues of reintegration and repeat offending. Recent research, conducted by the Home Office in England and Wales, shows that up to 70 per cent of acquisitive crime was related to the misuse of alcohol, illegal drugs and other substances, and, as mentioned in Chapter 6, a great deal of local crime, in particular, violent and sexual crime is linked to substance misuse. It is necessary, therefore, when aiming to reintegrate offenders and reduce re-offending, to tackle the problems they may have with substance misuse.
- J e r sey already has a number of excellent programmes aimed at reducing the harm cause by substance misuse. Programmes such as the court-mandated Drug Awareness Programme run by the Alcohol and Drug Service and the
TACADE[34] programme. However, there is a need to ensure that these programmes are adequately resourced in order to achieve their full potential.
Employment/training programmes
- T h e matter of unemployment was touched upon in Chapter 3 as one of the risk factors that cause young people to offend. The risk is not exclusively confined to young people, however. In 1996, 38 per cent of offenders
commencing probation orders in Jersey were unemployed.[35] By the same token, many offenders leaving prison do
not have employment to go to. Many probationers and ex-prisoners find temporary, low-paid work or drift from job to job. Research shows that suitable work or training that is considered worthwhile by the offender, is the single biggest
factor in reducing re-offending.[36]
- R e s earch has shown that a disproportionate percentage of offenders suffer from below average reading and writing skills. Joint initiatives between the Probation Service, Workwise and Highlands College are being developed to enable offenders to develop basic numeracy and literacy skills in order to increase their chances of securing permanent worthwhile employment.
Appropriate sentencing/intervention for mentally disordered[37]/special needs offenders
- T h e number of mentally disordered/special needs offenders in the criminal justice system provides a particular challenge. Most of these offenders can be dealt with more appropriately by other agencies such as the Health and Social Services rather than by the criminal justice system; imprisonment should be especially avoided unless there is no alternative. Prisons are not designed or staffed to care for mentally disordered/special needs people, and incarceration can compound their ill-health and cause their mental state to deteriorate.
- A w orking party, chaired by Her Majesty's Solicitor General, was recently formed to examine Jersey's response to mentally disordered offenders, ranging from the least serious offenders who could frequently be diverted into health care, to the more serious offenders who pose a greater threat to the community's safety. It is proposed that the strategy awaits the findings of that working party and,if thought appropriate, collaborate with its recommendations.
Racial/cultural empathy of criminal justice system
- Po rtuguese people now comprise five per cent of the Jersey resident population according to the most recent Census. Jersey residents of Portuguese origin now form a sizeable "ethnic minority" in the community. As their incidence in the community has increased, they have naturally featured more prominently in the offending population. In 1996, the Jersey Probation Service commenced a pilot scheme which involves the use of a Portuguese-speaking consultant who works closely with one probation officer in order to supervise any Portuguese- speaking offenders placed on probation. This pilot project has now been reviewed and has been found tobe a success in that it opened access to Portuguese offenders who would not otherwise have been considered suitable for supervision.
- O th er agencies involved with offenders have to respond to the needs of the Island's Portuguese residents to ensure that their offending behaviour is tackled effectively. The Alcohol and Drugs Service and the Prison Service are examples of other agencies having to meet this need from within current resources at present.
Imprisonment
- I m prisonment has an important rôle to play in respect of violent, dangerous and serious offenders. It is a fact, however, that the vast majority of prisoners will be released eventually and will then face problems which can impede their resettlement into society. Whilst in prison, they may have become institutionalised, and have lost the ability to make some of the most basic decisions about their lives. They will have lived closely with and befriended other prisoners whose attitudes and behaviour are likely to be anti-social. They will probably have no employment upon their release, and some will also have lost their home and damaged their family relationships.
- T h e Prison Board is to be congratulated upon having made a great deal of progress towards mitigating some of the damaging effects of imprisonment. Its members of staff run several offender programmes, which can help prisoners to change their behaviour if they wish to take part. The Board has also introduced a personal officer scheme. This seeks to offer prisoners contact with a Prison Officer who can support them through their sentence and help them to plan for their release. La Moye Prison has also instigated work schemes which offer prisoners gainful employment during their sentence, and which can also allow them to make modest savings towards their release.
- T h e provision of education and training opportunities in prison needs to be enhanced as a means of rehabilitation and of providing skills when prisoners return to society. As sentences are becoming longer, the need for a strategy on prison education takes on greater importance. A policy on prison education needs to be devised involving both the Further Education College and the Prison.
- T h e Jersey Probation and After-Care Service deals with most prisoners prior to their prison sentence as it prepares reports on them for the sentencing court. The Service also offers the more serious offenders contact during their
sentence. However, it is recognised that the movement from community into custody could be better managed were the
Probation and Prison Services able to devote more resources to this. Whilst there is some sharing of information and assessment of the offenders, this could be improved.
Post-custodial supervision
- T h e Probation Service supervises some young offenders bylaw following their release from Youth Detention, but there is no statutory supervision of adult prisoners in the Island after their release, as there is in many other countries.
- I t is recommended that it would be in the best interests of the community to introduce a system of supervision after release from custody in order to support prisoners towards a crime-free life and provide additional protection to the community. Such a system of post-custodial supervision would require additional, but as yet unquantified, resources.
Rehabilitation
- I n England and Wales, offenders who have become rehabilitated donot usually have to declare their former convictions after a specified period. This allows them to put their past behind them and not become a burden to the state by being inappropriately disadvantaged – for example in employment opportunities. Legislation to this effect is due to be enacted in the year 2000, and the strategy supports its introduction as a way of contributing towards the successful re-integration of offenders into the community, resulting in the increased likelihood of meaningful employment and thus a decreased likelihood of re-offending. The proviso must be that the public is safeguarded, by ensuring that the police and courts have access to records and that some serious offences are never considered spent. [38]
Conclusion
- Sta tistics quoted above show that nearly half of all crime committed by males is actually the result of repeat offending by a small number of offenders. It therefore follows that if we were to reduce the incidence of repeat offending we could have a significant impact on the overall level of crime. In this part of the strategy our aim is to ensure that offenders receive appropriate sentences. In the majority of the cases this will enable the offender to serve their sentence within the community, thereby reducing the likelihood of them re-offending.
- Fo r the minority of offenders whose crime is serious enough to warrant a custodial sentence, it is important that whilst in prison they have access to suitable education, training and behavioural programmes aimed at addressing their individual problems. Upon release it is crucial that they receive support in order for them to re-integrate and lead a lawful, productive, life.
CHAPTER 9 Delivering the strategy
Background
- O v e r the past 30 months great progress has been made in developing constructive and collaborative relationships with both statutory and non-statutory agencies in Jersey, in the United Kingdom, and worldwide. Our current framework for delivery has been hailed a model of good practice. That is not to say, however, that there is no room for improvement.
- Wo r king together is a simple phrase, but extremely difficult to implement on a continuous and productive basis. Each of the three levels of policy, strategy and operations has worked well. At a time of financial and manpower constraint, the time and commitment shown by all groups has been very good. The rôle of the Senior Operational Officers has been both constructive and productive - they are tobe commended.
- T h e Community Grants Panel has supported a number of community-focused initiatives, most notably the development of the Parents Against Drug Abuse Charity and the very successful "D-Code" CD-ROM and "D-Mag" drug education campaign. The Panel is currently reviewing their performance and changing to become even more pro-active in developing community based initiatives that address illegal drugs.
- E a c h Department has worked hard, both internally and with other Departments and non-statutory organisations, to achieve the vast majority of the targets set in the last strategy.
- A lo n g with the successes comes learning. It has been recognised that the evaluation and research aspects of the strategy, which were not budgeted, have not been as comprehensive, or as valuable as would have been wished. The next strategy will have these high on the agenda.
- T h e Community Crime and Drug Strategy Unit has become a very useful public and professional focal point for the strategy. Productive relationships with the business community, voluntary agencies, the public and States' Departments have been, and continue to be, developed.
The future
The framework for delivery
- T h e overriding theme throughout the strategy is one of working together in partnerships. This is a difficult task and not one that can be assumed. Constant thought and attention needs tobe paid to this element.
- T a k in g account of the above, a new framework for delivery is evolving. One that continues to have the Community
Crime and Drug Strategy Unit[39] at its hub and one that has research, project planning and evaluation at its heart. There is a need to set out clear quantifiable objectives for each intervention; establish research projects and
evaluation procedures that would ensure that each intervention was developed upon best practice, and with stated anticipated outcomes which can be measured.
- T h e outcome is an ambitious and challenging strategy that will make a real difference, as long as we are able to translate these strategic statements into effective action. Stating how this will happen is a vital part of this strategy. A framework for delivery must be sufficiently flexible to enable and encourage development and change, whilst at the same time being firm enough to ensure that every intervention is in accord with the philosophy and principles of the agreed strategy.
- T h e Community Grants Panel, comprising 12 members of the public and the Strategy Manager, was established in 1996 to promote, fund and support community-based illegal drug-related projects. The Panel will develop its terms of reference to include initiatives that support both the new Substance Misuse Strategy and this one.
- T h e general structure that has been in place for the last three years will remain, as follows.
- T h e Presidents' Policy Group, which meets six-monthly, continues to be responsible for -
• policy formulation;
• policy direction;
• public accountability.
- T h e Chief Officers' Strategy Group (comprising Chief Officers, Vice Chairman of the Comité des Connétable s and an independent Chair) which meets three-monthly and is responsible for -
• strategic direction;
• quality assurance;
• executive authority;
• resource management;
• the work of the Community Crime and Drug Strategy Unit in relation to this strategy.
- T h e Senior Officers' Group, which meets monthly, continues to be responsible for -
• professional direction;
• operational management;
• development and integration of strategy;
• communications, information.
- T h e Community Crime and Drug Strategy Unit (to be renamed) is charged with -
• monitoring the implementation of all aspects of the strategy;
• managing the new funding related to the strategy;
• facilitating the effective working of all aspects of corporate strategy;
• co-ordinating and facilitating the research programme for the strategy, and collecting, collating and interpreting data relating to the strategy;
• promoting, developing and supporting business and community initiatives;
[Note: This includes Project 2000 and the Community Grants Panel.]
• developing and maintaining a library of relevant information;
• maximising the use of information technology to disseminate information.
Community safety liaison groups
- E a c h locality will establish a "Community Safety Liaison Group" to ensure that local issues are addressed by local people. Locally based and locally "owned" projects to address local problems and concerns have a much higher degree of success than do centrally managed initiatives.
- T h e concept behind these groups is not a new one. It is very much in line with that which has existed in Jersey for a considerable time – the Honorary System. The notion is to build upon what exists currently not to replace it.
- I t is important to the strategy as a whole that every member of our community has a clear vision and understanding of the aims and objectives of the initiatives being implemented in their particular locality.
- It is equally important that the central agencies, whether statutory or voluntary, have a clear vision and understanding of the impact that these initiatives will have on the community.
- T h is can only be gained by ensuring that all decisions taken regarding the initiatives are based onup-to-date knowledge and an understanding of localised data. Therefore not only will the "Community Safety Liaison Groups" play a key rôle in identifying problems and also in ensuring that meaningful information and data is collected in a format that can be combined with other sources of similar information.
- T h e make upof the Community Safety Liaison Groups could include -
• parish officials;
• service professionals;
• business people;
• voluntary workers;
• parents;
• community representatives;
• young people.
- T h e exact number and distribution of the Community Safety Liaison Groups will be decided after consultation.
- T h e ir responsibility will be to -
• ensure that proper communication/consultation is carried out prior to the implementation of initiatives;
• monitor the implementation of initiatives to ensure that the desired results are being achieved and, where appropriate, steps are taken to adapt responses to local needs;
• ensure that data is collected regularly and in a format compatible with other agencies and "boards".
[Note: I t is not their responsibility to implement the agreed initiatives. This responsibility lies very firmly with the
agencies themselves.]
Evaluation and monitoring
- A n Annual Presidents' Policy Group Report will be produced, and presented to the States. It will report upon -
• progress to date against agreed targets;
• new initiatives/changes to original strategy;
• the value of initiatives to the community;
• new problems/challenges for the Strategy Groups and the Community safety liaison groups.
- I n y ear 4 of the strategy a new five-year strategy will be presented to States. This will ensure continuity of funding and service delivery.
Research
- A r esearch programme will be established that will focus upon -
(a ) a Jersey Crime Survey, which focuses on the victims of crime, to be carried out every three years;
(b ) lo n g-term evaluation of the effectiveness of the Strategy;
(c ) im pact of antisocial behaviour, social disorder and criminality on broader social and economic issues; (d ) g a p between the fear and the reality of crime;
(e ) p r ofile and changing patterns of antisocial behaviour, social disorder and crime;
(f ) lo cal crime audits and effectiveness of local initiatives in identified high risk areas;
(g ) lo n g-term evaluation of sentencing policy;
(h ) lin ks between truancy and antisocial behaviour, social disorder and criminality;
(i ) d evelop and implement a common data collection process that will ensure all data is comparable;
(j ) in dividual research projects focussed upon the needs of individual agencies.
- A r esearch sub-group of the Senior Officers' Group will be established to decide upon research priorities.
- T h e Community Crime and Drug Strategy Unit will be charged with ensuring the collection, the collation and the interpretation of non-attributable agency data.
- B y implementing a comprehensive research programme, we can ensure that the development of this strategy is increasingly informed. This is a vital part of the overall strategy.
Transparent accountability
- A s with the Substance Misuse Strategy, it is vital within this social strategy that all who participate in it are transparently accountable for their contribution.
- T h is said, it is important to recognise that throughout the world the most successful interventions are based upon innovation and risk taking. The philosophy behind this strategy is that, if the premises upon which projects are based are clear and sound, innovation and risk-taking are to be applauded, and that in all cases learning will ensue and be recognised as valuable.
- T h ere is a companion document available which details agency action plans, evaluation processes and resource requirements. This is a public document and will be reported upon on an annual basis.
Resources
- T h is strategy has been developed in the full awareness that resources are limited. It is for this reason that there has been great rigour in developing the resource requests. This is an integrated strategy that is dependent upon each and every element for its success. In order for it to succeed, all sections need to be agreed and the requested resources agreed.
Community partnerships
- D e veloping partnerships with, and harnessing the potential contribution of non-government organisations, voluntary organisations, community groups, service clubs, the business community, victim support agencies and both the Crime Prevention Panel and CrimeStoppers is an essential part of this strategy. The efforts of States Departments will not succeed without the active collaboration of the multitude ofnon-government organisations.
The framework for delivery
- P rocess: Throughout the strategy, the themes of partnerships and working together are stressed. This model should be viewed as a truly interactive and interdependent process. The success of this strategy can only be as good as its weakest partnership.
Glossary of terms
Theft: la r c e n y se r v ant-larceny bailee/trick-larceny meter/phone-larceny dwelling-larceny shop-larceny other-
larceny from person-larceny simple-larceny U/A/MV-larceny vehicle fixtures/fittings-TADA bicycle- TADA motor vehicle-tampering with motor vehicle-receiving/handling
Public order: co n d u ct likely-drunk and disorderly/incapable-public nuisance-refusing to obey the police
Criminal damage: Fir e Service Law-malicious damage-arson
Sex offences: s e x u al offences-rape
Burglary: b re a k in and commits crime-breaking in with intent-illegal entry with intent-illegal entry/commit crime Drugs: d a n g e r o u s d rugs (dealing and possession)
Fraud: f ra u d - f o rg e r y/uttering/obtaining
Violent offences: a ssault police/prison-common assault
Serious violent g ra ve and criminal assault-Children's Law Article 9 offences: ro b b e r y - homicide
Obscenity o b sc e n e /annoying phone calls - obscene offences: p u b lic atio ns
Weapons f ir e a rm /e xplosives offences-possession of an offences: o f fe n s iv e weapon
Licensing o ff e n c e s committed on licensed premises offences:
[1]
Renamed the Presidents' Policy Group.
[2]
Home Office Research and Statistics Department - Information on the Criminal Justice System in England and Wales, 1995, HMSO London, 1.
[3]
Campbell, Molloy & McKenzie - v - Attorney General (Jersey Law Reports 1995 136 4 April 1995).
[4]
For the purpose of this chapter "recorded crime" includes public order offences but does not include motoring offences. For list of offence types and definitions see the Glossary of terms at the end of this report.
[5]
The full "Digest" is available from the Community Crime and Drugs Strategy Unit.
[6]
The only information available in Jersey is based upon official data. Whilst this can give a good indication of trends in crime, it does not give an accurate picture of the actual amount of crime. This is best achieved by undertaking a crime victim survey.
[7]
Exact comparisons are not possible because of different recording conventions. Some adjustment to Jersey definitions of crime have been made to allow comparative estimates.
[8]
This includes: shoplifting, theft from dwellings or people, the taking of bicycles and theft from vehicles, but does not include burglary or robbery. [9]
There were 124 recorded offences of serious violent crime in 1992, and 212 offences of serious violence recorded in 1996.
[10]
Probation+ is a Probation Order with a condition attached such as a Community Service Order.
[11]
In France this approach has proved to be very successful. Communal Councils Chaired, by the town Mayor, and including community representatives, parents, young people, local civil servants, Magistrates etc., were able to ensure a local focus whilst also ensuring that the local initiatives received full central government support and understanding. Pitts, J. (1997).
[12]
Communities that Care (1997).
[13]
Communities that Care (1997) pp.21-23.
[14]
Fight Crime: Invest in kids 1998; http://fightcrime.org [15]
Fight Crime: Invest in kids 1998; http://fightcrime.org
[16]
Huskins, J. (1996) p.110.
[17]
This service is already in place for children upon application.
[18]
(For example Nicholson I. 1995: "What works in situational crime prevention? A literature review".)
[19]
Eurocare (1995) "A summary of alcohol policy and the public good: a guide for action". World Health Organization.
[20]
Eurocare (1995) "A summary of alcohol policy and the public good: a guide for action". World Health Organization. [21]
Alcohol and Crime, Breaking the Link, The All Party Group on Alcohol Misuse 1995.
[22]
Wallack and Holder 1987.
[23]
Tether and Robinson 1986.
[24]
McCord, J. (1978) "A thirty year follow up of treatment effects", American Psychologist. 33.
[25]
See recommendations from "Magistrate's court – practice and procedures: working party report" presented to the States' on 17th March 1998.
[26]
Ibid.
[27]
Currently being considered as part of new PACE Act.
[28]
Home office Statistical Bulletin Issue 14 1995.
[29]
Source: Jersey Probation Service Statistics.
[30]
Strang, H. & Sherman, L.W. (1997) "The Victim's Perspective", Reintegrating Shaming Experiments; Australian National University, Canberra. [31]
Sources: States' Treasury: Budgets and Annual Accounts for the States of Jersey.
[32]
Home Office Statistical Bulletin Issue 14 1995.
[33]
Examples are: Andrews et al (1990) "Does correctional treatment work? - A clinically relevant and psychologically informed meta-analysis", Criminology 28.; Hollin, C. R. (1994) "Designing effective rehabilitation programmes for young offenders", Psychology, Crime & law 1.
[34]
"Drug Education for Young Offenders" by TACADE, Salford, Manchester.
[35]
Source: Jersey Probation Service Annual Report 1996 States of Jersey.
[36]
Lipsey, M.W. (1992) "The effect of treatment on juvenile delinquents: results from meta-analysis", in F. Losel, T. Bliesener & D. Bender (eds) "Psychology & law: International perspectives." Berlin. De Gruyter.
[37]
The term "mentally disordered" is a legal term and not a medical diagnosis used in the Mental Health Act (Jersey) 1969. It includes offenders who may be acutely or chronically mentally ill; those with neurosis, behavioural and/or personality disorders; those with learning difficulties; some who, as a function of alcohol and/or substance abuse, have mental health problems.
[38]
Due to be presented to the States in the year 2000.
[39]
Whilst the function of the Crime and Drugs Strategy Unit has been extremely useful, the name has caused a number of problems. The Unit will be renamed with a more appropriate title.