The final two pieces in this series look at how criminals can be managed in Wales after independence. While the best way to deal with crime is to prevent it from happening in the first place, that’s not going to stop everyone. This piece will look at criminal rehabilitation and non-custodial sentencing options like fines, community sentencing and probation.
What does “rehabilitation” mean?
Generally speaking, rehabilitation challenges and changes the behaviour of criminals so they can reintegrate into mainstream society.
This could happen as part of early intervention programmes to prevent small crimes or anti-social behaviour from becoming more serious (i.e. social service intervention and things like the Prevent programme for suspected extremists).
It also involves preparing prisoners (who’ve served long sentences) for release, as well as dealing with serious mental health or substance abuse problems that may push someone towards re-offending.
In EnglandandWales, rehabilitation is included in a package of measures named “offender behaviour management”.
Risk, Need & Responsivity
The best model deemed to exist1 to manage offender behaviour, aid rehabilitation and prevent reoffending is the “Risk-Need-Responsivity” Model (RNR). In short, this means:
- Risk – Interventions should be based upon, and proportionate to, the individual’s risk of reoffending.
- Need – Interventions should address whatever specific needs the individual has to reduce the chances of reoffending or to change troublesome behaviours.
- Responsivity – Interventions should be adapted to respond to an individual’s circumstances.
How does this work in practice?
In EnglandandWales, HM Prison & Probation Service accredits course providers based on their suitability under the RNR Model. To get accreditation, the course has to prove (amongst other things) that they are based on evidence, are appropriate to the users, help develop new skills and are committed to monitoring the outcomes ( whether they cut reoffending or change behaviours).
As of February 2021, there were 14 providers accredited to deliver programmes in the community/as part of probation schemes and 21 providers accredited to deliver programmes in custody2.
These programmes cover ground such as:
- Adult skills for offenders with learning disabilities.
- Substance abuse, alcoholism and drink-driving.
- Anger and violence management.
- Extremism and identity.
- Programmes for sex offenders.
- Critical thinking skills/decision-making.
Getting the balance right
In principle, there’s nothing wrong with the courses and programmes currently provided. They seem to cover a lot of the ground you would expect targeted intervention to have the greatest effect.
The question is whether the balance between rehabilitation/restorative justice and punishment in the justice system in Wales is where it needs to be?
Given the relatively high prison population-per-head in Wales (Part XVI) – most of whom are low-to-mid-level offenders (Categories B-D) – you have to conclude that it isn’t.
A government can be outwardly committed to rehabilitation and introduce all sorts of programmes, but if the system remains geared towards imprisonment and security over restorative justice then that commitment is only surface deep.
Someone who understands criminology and the justice system better than I do will have to look at it, but some of the things to consider (some of which I’ll touch on here and in Part XVI) include:
- Ensure punishments match the circumstances of the individual (i.e. fines based on income rather than a fixed rate).
- Alternatives to prison, particularly for short sentences.
- Reconsider the management and purpose of probation services after botched privatisation by the UK Government.
- Greater investment in mental health and services to keep young people out of crime.
- Reform of drugs laws and drug offences.
1: Andrews, D. A., Bonta, J. and Wormith, J. S. (2011) ‘The Risk-Need-Responsivity (RNR) Model: Does Adding the Good Lives Model Contribute to Effective Crime Prevention?’, Criminal Justice and Behavior, 38(7), pp. 735–755. Available at: https://journals.sagepub.com/doi/10.1177/0093854811406356
2: Correctional Services Accreditation & Advice Panel (February 2021). Currently Accredited Programmes. Available at:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/960097/Descriptions_of_Accredited_Programmes_-_Final_-_210209.pdf
