PROGRAMME GUIDE FOR SENTENCING
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- Berenice Morgan
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1 FUTURE JOBS HEALTH PROGRAMME GUIDE FOR SENTENCING 2017 SUPPORT HABIT MONEY HOME OUTLOOK
2 To download to a smart device, you can scan the code above. Names used in the case studies have been changed to protect people s identities.
3 Contents Introduction 2 Making an order 3 Accredited Programmes 4 A quick guide to Accredited Programmes 5 Building Better Relationships 6 For male service users who need to control their emotions and avoid the use of violence in their relationships. Resolve 7 For male service users who need to improve their self-control, manage aggression and stop violent behaviour. Thinking Skills Programme 8 For male and female service users who need to make better life choices by overcoming problems and considering options. Drink Impaired Drivers Programme 9 For male and female service users who need to change their attitude to drink-driving. Building Skills for Recovery 10 For male and female service users who need to learn to live without drug or alcohol misuse. Rehabilitation Activity Requirement My Solution Rehabilitation Programme Case studies Page 1
4 Introduction Our aim is simple: to reduce reoffending. We deliver the sentence of the Court, including a range of interventions designed to reduce reoffending, through our bespoke framework My Solution Rehabilitation Programme (MSRP). MSRP effectively tells the service user, this is your problem so you must work with us to find your solution ; our challenge puts the service user at the heart of their own journey to a crime-free life. This guide has been compiled for use by courts and legal advisers to inform sentencing decisions. It details our approach to delivering Accredited Programmes and also includes information on how we deliver the Rehabilitation Activity Requirement (RAR). The guide represents the views of KSS CRC and does not replace detailed advice from the Sentencing Council and your legal adviser. Page 2
5 Making an order Requirements The following requirements may be attached to a Community Order or a Suspended Sentence Order: Programme Requirement Unpaid Work Requirement (known as Community Payback) Alcohol Treatment Requirement Attendance Centre Requirement Curfew Requirement Drug Rehabilitation Requirement Exclusion Requirement Mental Health Treatment Requirement Rehabilitation Activity Requirement Prohibited Activity Requirement Residence Requirement Foreign Travel Prohibition Requirement. Advice on suitable combinations of requirements for inclusion in a sentence will be provided by the National Probation Service. Our approach Once you have passed the sentence, our skilled practitioners will work with the service user to assess their needs and agree a sentence plan. The objective of the sentence plan is to make the individual accountable for their own rehabilitation by helping them to understand what it is that makes them offend and then start to change their thinking about that behaviour. This philosophy of my problem and my solution sets up the right conditions to enable rehabilitative work to take place. We identify the steps the individual needs to take to become crime-free. These are then built into a personalised sentence plan - of which the service user has ownership. Page 3
6 Accredited Programmes Our Accredited Programmes support rehabilitation by enabling service users to develop the behaviours and skills needed to become crime-free. They help individuals to address particular factors linked to offending, such as domestic abuse, anger, drink-driving and substance abuse. Who are they for? Broadly speaking, you can consider an Accredited Programme for a medium to high intensity Community Order or a Suspended Sentence Order. You can also use an Accredited Programme as a breach option to increase the intensity of a sentence, allowing the individual to stay in the community whilst their behaviour is addressed. Female service users Female service users often present with different needs to male service users, which we always try to accommodate when delivering our services. This can include the allocation of a female Responsible Officer and women-only reporting times to support positive engagement. We also ensure that a lone female is not required to attend an otherwise male group. Length of an order Accredited Programmes vary in length. It is important that you sentence to an order that is long enough for an individual to complete pre and post programme work. See the quick guide to Accredited Programmes in your area for duration details. Page 4
7 Quick guide to Accredited Programmes Pae: 1 Description Eligibility Duration Recommended sentence Accredited Programme Order of at least 24 months 30 sessions 24 two and a half hour group sessions Six one hour one-to-one sessions male only medium/high risk of relationship violence, high SARA has a pattern of violence against a partner and is willing to discuss at least one act in the last 24 months. A structured programme with group and one-to-one work, aimed at male perpetrators of domestic abuse who are medium to high risk of harm. Building Better Relationships (BBR) Order of at least 18 months 26 sessions 22 two and half hour group sessions Four one hour one-to-one sessions male only have a current conviction for a violent offence medium to high risk of harm. Resolve A predominantly group-based programme designed to reduce the use of aggression and violence in male service users who are medium to high risk of harm. Order of at least 18 months 19 sessions 15 two and a half hour group sessions Four one hour one-to-one sessions male/female history of impulsive offences. A cognitive skills programme which addresses thinking and behaviour associated with offending. Thinking Skills (TSP) Order of at least 12 months 14 sessions 14 two hour group sessions Male/female service users, who have one or more of the following: a history of drink-drive offences have caused injury or accidental damage have been in excess of double the legal blood/alcohol limit have failed to provide a specimen. DIDP aims to change attitudes and behaviour surrounding drinking and to promote safer driving. Drink Impaired Drivers (DIDP) Order of at least 18 months 19 sessions 16 two and a half hour group sessions Three one hour one-toone sessions male/female medium to high risk offences related to drug/alcohol misuse. A group-based programme for men and women whose substance abuse increases the chance of them committing new offences. Building Skills for Recovery (BSR) We deliver Accredited Programmes across Kent, Surrey and Sussex. Please ask the court officer to contact our programmes team for more details including local availability. Page 5
8 Building Better Relationships (BBR) Page 6 Who is it for? Male service users, 18 or over, who have a pattern of violence against a partner and are willing to discuss at least one act in the last 24 months, and who: are medium to high risk of relationship violence accept responsibility for at least one violent act against a partner are willing to sign a statement of understanding, which will include the sharing of information with their partner and/or the victim of their offence. Exclusions female perpetrators same sex relationships serious mental health problems substance misuse. Programme aims BBR is a 30 session, predominantly group-based programme, designed to reduce reoffending by men convicted of intimate partner violence. The course prioritises the safety of women and children and provides support from a Domestic Abuse Safety Advisor. Benefits and outcomes: BBR helps individuals to: understand behaviours that damage relationships better understand themselves take personal responsibility to overcome relationship difficulties. Sentencing to BBR We recommend you give an order of at least 24 months with this programme. This is to ensure the service user is suitably prepared and their barriers to engagement are addressed prior to starting the programme to maximise chances of success. It also allows for learning to be reinforced following programme completion. You will only need a Rehabilitation Activity Requirement (RAR) if the individual has other criminogenic needs in addition to their abusive behaviour.
9 Resolve Who is it for? Male service users, 18 or over, with a current conviction for a violent offence, who are assessed as medium to high risk of serious harm. Exclusions female service users if their index offence is not violence domestic violence mental health issues. Programme aims Resolve is a 26 session, predominantly group-based programme, designed to reduce a participant s violent and aggressive behaviour by raising awareness of their use of violence and developing skills to avoid it. Benefits and outcomes: Resolve helps individuals to: develop awareness of violent/ aggressive behaviours manage and reduce impulsivity identify and challenge hostile thinking develop skills to manage emotions develop interpersonal and conflict management skills develop effective risk management strategies increase levels of motivation. Sentencing to Resolve We recommend you give an order of at least 18 months with this programme. This is to ensure the service user is suitably prepared and their barriers to engagement are addressed prior to starting the programme to maximise chances of success. It also allows for learning to be reinforced following programme completion. You will only need a Rehabilitation Activity Requirement (RAR) if the individual has other criminogenic needs in addition to their violent behaviour. Page 7
10 Thinking Skills Programme (TSP) Who is it for? Male or female service users, 18 or over, who have a history of impulsive offences. TSP is appropriate for violent, drug related, motoring and other offence types including acquisitive offences, but is not a substitute for offence specific interventions, e.g. the Drink Impaired Drivers Programme. Exclusions Mental health issues or learning difficulties at a level that prevents meaningful engagement. Programme aims A 19 session general offending behaviour programme designed to strengthen and develop thinking skills linked to risk of reoffending. Benefits and outcomes: The Thinking Skills Programme helps individuals to: improve self-control improve problem solving skills identify meaningful life goals. Sentencing to TSP We recommend you give an order of at least 18 months with this programme. This is to ensure the service user is suitably prepared and their barriers to engagement are addressed prior to starting the programme to maximise chances of success. It also allows for learning to be reinforced following programme completion. You will only need a Rehabilitation Activity Requirement (RAR) if the individual has other criminogenic needs in addition to thinking skills. Page 8
11 Drink Impaired Drivers Programme (DIDP) Who is it for? Male or female service users, 18 or over, who have one or more of the following: up to four convictions for drink-drive offences have caused injury or accidental damage have in excess of double the legal blood/alcohol limit have failed to provide a specimen. Exclusions mental health issues or learning difficulties at a level that prevents meaningful engagement over four non-driving offences (a general offending behaviour programme, such as Thinking Skills or Building Skills for Recovery may be more appropriate). Programme aims Drink Impaired Drivers confronts individuals with their drink-driving, offers skills for safer driving and helps them to consider the effects of their behaviour on other people. Benefits and outcomes: DIDP promotes safe driving and helps individuals to: understand how alcohol affects the body and driving skills plan effectively to avoid drink-driving look at the effects of behaviour on others. Sentencing to DIDP We recommend you give an order of at least 12 months with this programme. This is to ensure the service user is suitably prepared and their barriers to engagement are addressed prior to starting the programme to maximise chances of success. It also allows for learning to be reinforced following programme completion. You will only need a Rehabilitation Activity Requirement (RAR) if the individual has other criminogenic needs in addition to their drinkdriving. Page 9
12 Building Skills for Recovery (BSR) Who is it for? Male or female service users, 18 or over, who have offences related to drug/alcohol misuse and are medium to high risk of reoffending. Exclusions mental health issues or learning difficulties at a level that prevents meaningful engagement no evidence of addiction to substances. Programme aims BSR is a group based programme where participants build up a Personal Recovery Toolkit, aimed at reducing their substance abuse and chances of reoffending. It also helps improve an individual s ability to manage their health, social skills and networks along with skills for employment. Benefits and outcomes: BSR helps individuals to: understand how drugs and alcohol affect their offending increase their level of motivation to change their lifestyle improve their mental and physical health and wellbeing. Sentencing to BSR We recommend you give an order of at least 18 months with this programme. This is to ensure the service user is suitably prepared and their barriers to engagement are addressed prior to starting the programme to maximise chances of success. It also allows for learning to be reinforced following programme completion. You will only need a Rehabilitation Activity Requirement (RAR) if the individual has other criminogenic needs in addition to their substance abuse. Page 10
13 Rehabilitation Activity Requirement (RAR) Who is it for? Male or female service users, 18 or over, particularly those with poor problem solving skills, or where a greater level of oversight is required to effect behavioural change. RAR aims The RAR includes a combination of appointments and activities designed to support individuals in their efforts to avoid reoffending. activity programmes (see overleaf) designed to address specific issues such as anger management and victim awareness. Sentencing to a RAR The court will decide on the length of the RAR and the total number of activity days. The National Probation Service will recommend a maximum number of days in line with the following framework: The court will specify the maximum number of activity days. This ranges from days. Activities can be delivered oneto-one or in groups and include: sessions with a Responsible Officer to help improve an individual s motivation and their ability to think differently about their behaviour appointments with another specialist organisation to assist the individual with particular problems e.g. housing or financial advice work with a mentor, e.g. to attend college, go to the library or help to prepare a CV offence and victim-focused work Likelihood of reoffending Guidelines day range Low days Medium days High days Length of order 6-12 months 9-18 months months KSS CRC will then work with the service user to agree the most appropriate interventions to reduce the risk of reoffending. Note: The RAR should be used to address other criminogenic needs not addressed by an Accredited Programme. Page 11
14 Page 12 Activity Programme Description Eligibility No. of sessions 10 sessions male/female service users who use impulsive aggression low to medium risk of reoffending. Anger Management A group-based programme designed to help individuals to understand anger and its causes, develop skills and strategies for managing anger and end the use of aggression. 10 sessions male/female low to medium risk of harm and reoffending offending linked to substance misuse engaging regularly with appointments (e.g. Alcohol Treatment Requirements, Drug Rehabilitation Requirement and probation appointments). A cognitive behavioural therapy group aimed at positively supporting service users to address their substance misuse problems. Changing Drug and Alcohol Use 12 sessions male service users in a heterosexual relationships low to medium risk of reoffending low spousal assault risk assessment score (SARA). Domestic Abuse A group-based programme targeted at those service users whose risk of domestic abuse falls below the threshold of Building Better Relationships (BBR), but who have an active and current risk of harm to a known current or former partner sessions male/female a service user would only be appropriate for a Domestic Abuse One-to-One RAR if there are specific diversity needs which mean the work cannot be completed in a BBR group. For service users who meet the criteria for Building Better Relationships (BBR), but due to specific needs or circumstances cannot undertake the work in a group. Domestic Abuse One-to-One
15 Activity Programme Description Eligibility No. of sessions 8 sessions male/female low to medium risk of reoffending suitable for general offending service users who are unsuitable for the Thinking Skills Programme. Positive Futures A group-based programme focusing on the cycle of change, motivation and goal setting, problem solving, victim work, emotional awareness, handling difficult situations, substance misuse, and lifestyle choices. Up to 14 sessions female only low to medium risk of harm general offending. Women s Group A women s group based on the Good Lives model. Sessions include problem solving, increasing self-esteem and wellbeing, creative sessions, relationships, victim perspective, lifestyle choices and signposting. Work is completed in external venues where possible, in a female only environment. 6 sessions male/female low to medium risk of harm service users who attempt to rationalise/ justify their behaviour minimum of level 1 in literacy. Victim Awareness Highly visual group-based intervention which aims to increase victim empathy and help individuals reflect on the impact of their offending behaviour on others. 8 sessions male/female low to medium risk of harm subject to Job Seekers Allowance for longer than six months and are currently on Employment Support Allowance can attend daytime groups. Preparation for Work Group-work to increase motivation to seek employment and training opportunities, including advice on disclosure, interview practice, job searches and signposting with a view to improving employability. Page 13
16 My Solution Rehabilitation Programme My Solution Rehabilitation Programme, or MSRP for short, is our bespoke rehabilitation framework, through which we deliver both the sentence of the court and a range of rehabilitative interventions designed to reduce reoffending. MSRP is underpinned by seven routeways out of offending against which we assess service users risk and need. Once risk and need have been identified, we work with the service user to agree a sentence plan that they own. Any number of interventions will be scheduled within this plan - some determined by the courts and others by our knowledge and understanding of the individual. Interventions include our Accredited Programmes, other activity programmes and a Practitioner s Toolkit based on the seven routeways (see right), comprised of a body of learning materials designed to help individuals change their behaviour and develop the skills they need to become crime-free. Page 14
17 Outlook is designed to help service users understand and create choices, drive consequential thinking and personal responsibility, build confidence and assist change. HOME Home is concerned with having settled permanent accommodation and focuses on those things that help people become part of the community. It covers practical issues, such as how to set up payment schemes for utilities, as well as securing a tenancy and the different types of tenancies available. MONEY Money focuses on the issues of finance, benefit and debt. Modules are designed to help service users manage their money better. Sessions include managing debt, sourcing help and taking control. Addiction is covered by experts outside of KSS CRC; however we believe the thinking associated with substance misuse needs rehabilitation support. Habit covers the nature of addiction, how it links to low self-esteem and introduces steps to regain control. JOBS FUTURE Future is about the steps needed to locate and secure work, how this is linked to training and education and how the service user can take action themselves to improve their employment chances. Support encourages the service user to think about their responsibilities and what their actions have meant for their families and loved-ones. It encourages them to maintain contact with families when in prison and looks at ways in which they can maintain their relationships. Health modules demonstrate ways in which health care can be accessed. It looks at ways to stay healthy, the importance of diet and weight management as well as sexual health issues.
18 Name: Jamie Age: 35 Offence: Common assault Sentence: A 24 month Community Order with an Accredited Programme and a Compensation Order. Jamie was physically abusive to his partner. He acknowledged in court that he had a problem and said he was ready to change. Magistrates sentenced Jamie to the Building Better Relationships programme where he would have a chance to address his offending behaviour. skills learnt from the programme in his everyday life. He said: I think differently about myself and how others see me. One of the important skills I ve learnt is to deal with a problem straight away. I explain how something makes me feel rather than being aggressive and intimidating. Page 16 During the programme, Jamie presented with a low mood. When asked about this Jamie said the programme had made him reflect on his actions, and he didn t like the person he had been. He said: I realised even where I hadn t been physically abusive to my partner, my behaviour would have been intimidating. I used to storm around the house, slam doors and mutter under my breath. I wouldn t deal with my aggression well. I would let things build up until I would explode. Jamie said the programme has taught him to control his actions, respect others and think before he acts. He describes continuing to use the I also use the helicopter tool where I step back and look at a situation from another person s point of view. This helps me to understand and consider their feelings. Jamie s partner split with him at the time of his offence, but he said he believes the skills will help him have a healthy relationship in the future. Jamie s programme facilitator said: Jamie has demonstrated that he s using the skills he s learnt by providing recent examples from his daily life. As a group member, Jamie has been supportive and encouraging to others as well as challenging their beliefs and behaviours, when appropriate, in a respectful way. This is an important part of the group process.
19 Name: Joe Age: 40 Offence: Common assault and battery Sentence: A Community Order, an Alcohol Treatment Requirement, an Accredited Programme and a Compensation Order. At the age of 40, Joe had been involved in the criminal justice system for offences since his early adolescence. He had received community orders before and spent some time in prison. He never really went to school as he was travelling from one place to another. When he first started his order, Joe couldn t even spell his name. His Responsible Officer helped Joe to develop his reading and writing skills so he could attend an offending behaviour programme the Thinking Skills Programme. The programme is primarily for those whose offences are the result of poor problem solving or thinking skills. The programme was important in addressing the causes of Joe s crime - particularly his impulsivity - and to reduce the risk of him reoffending in the future. Joe said: I m very happy with the way I am now. I think before I act and this has stopped me getting into so much trouble. His partner said: I ve definitely noticed a change in him. You can t have someone negative in the kids lives, it s not fair. Things had to change, and I m so glad they have. His Responsible Officer says that Joe has shown a high level of motivation. Joe had clearly taken away everything he can from the programme. His post programme reports are glowing. Joe has learnt tools that will help him to steer clear of offending and will make him think more about the consequences of his behaviour and impact on victims. Since starting this programme, there has been a marked improvement in Joe s behaviour. Page 17
20 Name: Sarah Age: 36 Offence: Driving with a breath, urine or blood alcohol concentration in excess of the prescribed limit Sentence: 12 months Suspended Sentence Order, an Accredited Programme and a Curfew. Page 18 Sarah, a mum of two, turned to alcohol as a comfort after separating from her husband. She was caught drink-driving when on her way to the shops. The police breathalysed her and found her to be in excess of the limit. She was on the cusp of custody because of how far in excess of the limit she had been. Magistrates decided to sentence Sarah to attend the Drink Impaired Drivers Programme (DIDP). Sarah was also banned from driving for three years. On the course, Sarah had to present a storyboard to the group. She identified that her offending was emotionally triggered. She talked at great length about her feelings of depression and the role alcohol had in this. She identified other actions she could have taken which would not have led to her offence, such as phoning one of her friends for a chat. Sarah also realised that she needed some extra help and made an appointment to see a counsellor, so she could deal with some of the emotions from her marriage breakup. Sarah began to understand the harm she could cause by drinkdriving and the impact her drinking was having on others, such as her children and friends. She began to think about the units she was consuming in a week and when she was likely to binge. Sarah took positive action to stop drinking so excessively and says she now only has the occasional drink when she is happy. This is a step change from when Sarah was drinking to excess when she was feeling sad. She said: I am getting to spend more quality time with my two girls. I no longer feel the need to turn to my old friend, the wine bottle, and understand the damage my relationship with alcohol was having on my family. I am also more aware of how dangerous it was to drink-drive.
21 Name: Dean Age: 28 Offence: Common assault and battery Sentence: 12 months Community Order with a Rehabilitation Activity Requirement Dean says that the 40 activity days that formed part of his Rehabilitation Activity Requirement have helped him to address key issues in his life that led to this and previous offences. He also learnt during the programme, that when a red mist starts descending, he needs to take himself away from the situation so that he can calm down, rather than act on impulse. His offending history includes assaults and being drunk and disorderly. He says that during his sentence he was able to confront his drinking as well as his trust and anger issues. Dean s latest offence was assaulting a friend after losing his temper, but he also admits to having been aggressive and threatening in his relationship with his former partner. His Responsible Officer felt Dean would benefit from attending the domestic abuse programme a 12 session course run in groups, which would help him to consider the impact of his abuse on others and would teach him skills to manage his anger. Dean says the programme, which he has successfully completed, helped him to understand that he is responsible for changing his behaviour. Dean says: It s helped me to reflect on my own situations and use what I ve learnt to help me identify what I need to change. During his order, Dean also had one-to-one RAR sessions where he was able to discuss his drinking, which had recently become a problem again. He says he had started to slip back into old habits, but his Responsible Officer was able to support him to identify triggers to his drinking and helped him identify strategies to overcome these issues. This helped him to get back on the right track. He also received help to find suitable accommodation, resulting in him securing a place at a local hostel. Dean says: The work has given me the support, confidence and skills to help me move forward in my life. Page 19
22 Notes
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24 Kent, Surrey and Sussex CRC Maidstone Corporate Centre 3rd Floor Maidstone House King Street Maidstone ME15 6AW ksscrc.co.uk Registered Office The Kent, Surrey and Sussex Community Rehabilitation Company Limited Main Road, Hockley, Essex, England SS5 4RG Company Number VAT Number GB Information correct at 13/10/2017 Annual guide
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