The biggest potential change to Policing in a generation. Don’t waste it, invest in it.
The Police, Crime, Sentencing and Courts Act 2022 has not been without controversy. Critics decry its assault on our basic right to protest. However, the Bill also contained a change which caused very little fanfare and has the potential to offenders are managed. If implemented successfully, it could radically reduce the current high levels of reoffending. Why isn’t more being made of this?
The Bill updates the adult “Out of Court Disposals” (OOCD) framework that deals with low level offending. While we see serious crimes reported on the news, in reality almost half of all Police positive outcomes are dealt with by these OOCDs. Minor drug possession, shoplifting, assaults and neighbourly disputes; it’s the stuff that doesn’t make the news but takes up an enormous amount of Police time, upsets local residents and disrupts communities.
This change in legislation mandates that the Police understand why the person committed the crime. Based on this insight, the Police can then refer the offender to partners who will address their underlying needs. So if you were shoplifting to fund your drug habit, the Police may insist that you write a letter of apology to the shop owner, attend a local drug support service and then an employability workshop to help find you a job.
This means that from your first interaction with the Police, they will involve community groups, charities and other organisations in your rehabilitation, building a network of people that are trying to help divert you from crime. Your own personal Pit Crew who will try to get you back on track. Surely this is more effective in reducing reoffending than sticking the person in a long queue to wait for a court slot that may or may not offer any better alternatives?
This change in focus is significant because almost 20% of people that receive a OOCD will go on to reoffend, and may become involved in knife crime and gangs, a subject Fighting Knife Crime is trying to address.
It’s also a fact that many offenders suffer from multiple complex needs. There isn’t a convenient pill you can give to people to straighten them out. It is crucial we attempt to understand and address the root causes of crime from the very first interaction with the Police, as these needs are not tackled by being sent to court.
When sent to court for less severe “summary or either way” offences, 60% of adult offenders receive a fine. So it makes sense to give Police Officers the ability to issue a similar financial penalty and then also prescribe local services that can help the offender address the root causes of their behaviour.
Reprioritising Police resources is the right thing to do and has significant operational benefits:
• Considers the victim’s views
• Delivered swiftly
• Involves community experts
• Reduces court time used for minor offences.
Evidence suggests that, if executed successfully, diversionary programmes can have significant benefits.
• Reduce frequency and harm related to reoffending
• Increased victim satisfaction
• Simplicity and ease for Police
• Speed of Justice
• Improved public confidence
• Impact on reoffending rates.
Ultimately we can achieve a safer society with well thought out and executed diversionary programmes rather than court fines.
A focus on diversion from their first Police interaction may prevent people becoming habitual offenders. Even when they come back for the second or third visit. Should we continue to try community solutions before reverting to court? Evidence suggests that continuing community based interventions is no less successful than a court sanction.
Of course there is a catch. Doing this right takes time and effort, and the Bill acknowledges this. It recognises that there is a significant additional process and admin burden on front line Policing, namely:
• Determining eligibility for OOCDs
• Assessing individual need
• Matching need to a service provision
• Monitoring compliance
• Supporting users through reminders
• Dealing with breaches.
The evidence on what works is still scarce, and academic studies tend to be relatively small scale due to the difficulties in gathering data. Adopting this approach across England and Wales would enable us to be a world leader in rehabilitation insights and lead the world in reducing the scourge of reoffending.
However, the Bill also recognises that there is no additional resource in the form of officers or staff to manage these processes. The government estimates that the impact across England and Wales will be around £10m per year, the equivalent to one extra hour of Police time per OOCD. Given the list of requirements above, one hour does seem rather optimistic - from our studies, we believe it will be significantly higher.
Without additional funding, Police are faced with unpleasant choices. Perhaps they pay lip service to the new legislation and implement this process badly, thus not getting the benefits of reduced reoffending. Alternatively they de-prioritise other important Police work, also not optimal.
Neither alternative is ideal. Beyond just funding, there are cultural issues. Interviewing front line Officers, we’ve received quizzical looks. “That’s not my job”, and “Is this not something for social services”? These are valid points. Is a Police Officer the right person to be having such discussions? Would I be receptive to receiving help from the same person that just arrested me or would I respond with mistrust? Are we asking the Police to deal with inadequacies of the family, schooling and other functions? Should we not employ specialists for this job?
The savings for the court system are obviously huge. The savings to society are also significant given the reduction in reoffending. We need to support the Police to deliver savings to the wider criminal justice system and to society as a whole.
The government should see this change as an opportunity. An opportunity to meet so many other government goals. Address labour market shortages by supporting those involved in the criminal justice system back into work. Support levelling up by giving people access to employment. Being tougher on crime by addressing high rates of reoffending. This isn’t a soft touch and should not be seen as such. Insisting that an offender apologises to their victim, pays reparations and takes action to address their criminogenic needs are as severe sanctions as the person may receive in court but can be delivered quickly and more targeted to the victim and the offender.
We propose investment in OOCDs. Recruit and train specialist staff to take the assessment and determination or sanctions away from the Officer. Get the Officer back on the street where the public wants to see them. Invest in staff that bring local agencies into the reducing reoffending approach. Investment in technology that can ensure the collaboration between officers, offenders and the various agencies involved in the process.
This seemingly minor update radically changes the job of Policing in half of their caseload. We believe in the benefits of OOCDs and any investment here will pay back tenfold, delivering hundreds of millions of pounds in benefits through reduced reoffending.
We have an enormous opportunity for society. It’s the right thing to do. We must support the Police to implement it successfully.
Make Time Count is a social enterprise aiming to eliminate reoffending through technology. As a social enterprise they are committed to reinvesting 51% of their profits into a fund that will help vulnerable people start businesses.
If you would like to continue the discussion, please get in touch: jonathan@maketimecount.today
Jonathan Ley
Founder of Make Time Count
[1] Reforms for OOCD Framework: https://bit.ly/3pXARs4
[2] Police Crime and Sentencing Bill: https://bit.ly/3e6gqGO
[3] NPCC National Strategy: https://bit.ly/3B0ri29
[4] Summary of research: https://bit.ly/3q1HSIl
