Multimedia Mania/abacus-multimedia-mania.iso/dp/0052/00522.txt

Text File | 1993-07-27 | 34KB | 607 lines

$Unique_ID{bob00522}
$Pretitle{}
$Title{United Kingdom
Treatment of Offenders}
$Subtitle{}
$Author{Embassy of the United Kingdom, Washington DC}
$Affiliation{Embassy of the United Kingdom, Washington DC}
$Subject{court
sentence
offenders
order
probation
england
prisoners
wales
service
prison}
$Date{1990}
$Log{}
Title:       United Kingdom
Book:        Justice and the Law in Britain
Author:      Embassy of the United Kingdom, Washington DC
Affiliation: Embassy of the United Kingdom, Washington DC
Date:        1990

Treatment of Offenders

     The Government's aim is to ensure that convicted criminals are punished
justly and suitably according to the seriousness of their offences. It
believes that those who commit very serious crimes, particularly crimes of
violence, should receive long custodial sentences, but that many other crimes
can best be punished within the community through compensation and reparation.

     Legislation sets the maximum penalties for offences, the sentence being
entirely a matter for the courts, subject to these maxima. The Court of Appeal
(see p 12) issues guidance to the lower courts on sentencing issues when
points of principle have arisen on individual cases which are the subject
of appeal.

     The Government is proposing a new and more coherent statutory framework
of guidance on the principles governing sentences.

Custody

     The Government believes that custody should be used only for offenders
convicted of serious criminal offences or where the public needs to be
protected from a dangerous offender. The Court of Appeal has stated that
sentencers in England and Wales should examine each case in which custody is
necessary to ensure that the term imposed is as short as possible, consistent
with the courts' duty to protect the interests of the public and to punish and
deter the criminal. The Government is proposing to introduce legislation in
England and Wales which would require a court, before giving a custodial
sentence, to be satisfied that the offence was so serious as to merit custody.
The court would also have to give reasons if it considered a custodial
sentence to be necessary; this would not, however apply to the most serious
offences such as murder, manslaughter, rape or robbery, which invariably
involve a custodial sentence. Longer custodial sentences-within the statutory
maxima-would be given to persistent violent and sexual offenders in order to
protect the public.

     A magistrates' court in England and Wales cannot impose a term of more
than six months' imprisonment for each offence tried summarily, but may impose
consecutive sentences subject to an overall maximum of 12 months'
imprisonment. If an offence carries a higher maximum penalty, the court may
commit the defendant for sentence at the Crown Court, which may impose-within
the permitted statutory maximum-any other custodial penalty. In all three
legal systems there is a mandatory sentence of life imprisonment for murder.
This is also the maximum penalty for a number of serious offences such as
robbery, rape, arson and manslaughter.

     In trials on indictment in Scotland the High Court may impose a sentence
of imprisonment for any term up to life, and the sheriff court any term up to
three years. The latter may send any person to the High Court for sentence if
the court considers its powers are insufficient. In summary cases, the sheriff
may normally impose up to three months' imprisonment or six months' for some
repeated offences. The district court can impose a maximum term of
imprisonment of 60 days.

     In Northern Ireland the position is generally the same as for England and
Wales. A magistrates' court, however, cannot commit an offender for sentencing
at the Crown Court if it has tried the case.

The Death Penalty

     The death penalty has been repealed for almost all offences. It remains
on the statute book for the offences of treason, piracy with violence and some
other treasonable and mutinuous offences. However, it has not been used for
any of these offences since 1946.

Non-custodial Treatment

     The Government believes that more offenders, particularly those convicted
of property crimes and less serious cases of violence, should be punished in
the community. In its view this should involve fines and compensation to the
victim, probation, community service, a new combined order linking probation
and community service, or a new curfew order to be used by itself or with
other orders.

Fines

     The most common sentence is a fine. In England and Wales nearly 81
per cent of offenders convicted by the courts in 1988 received a fine; this
included those convicted of motoring offences. In Scotland in 1988, 78 per
cent of the 177,000 people with a charge proved against them received a fine.
There is no limit to the fine (unless set by statute) which may be imposed on
indictment; on summary conviction the maximum limit, except in certain
exceptional circumstances, is 2,000 Pounds in England, Wales and Northern
Ireland, and in Scotland 2,000 Pounds in the sheriff court and 1,000 Pounds in
the district court.

     The Government is proposing reforms under which fines would be more
closely related to ability to pay. The court's penalty would be given in units
which would then be translated into monetary values according to the
offender's means.

Probation

     The main duties of the probation service are to supervise offenders in
the community, both under direct court orders and after release from custody.
It also provides offenders in custody with help and advice. In England and
Wales some 42,000 offenders began probation supervision in 1988; the figure
for Scotland was 3,000.

     A probation order can only be made by a court with the consent of the
offender, who may be sentenced for the original offence if he or she fails to
comply with the order's requirements or commits another offence while on
probation. Probation orders curtail the freedom of those on whom they are
made. The order requires regular contact to be made with the probation
officer. Special conditions can be attached to the order; these may require
the offender to attend a day centre for up to 60 days. Although intended as a
punishment, the time spent by offenders under supervision in the community
offers an opportunity for constructive work to reduce the likelihood of
reoffending. In England and Wales a probation order can be made only for
offenders aged 17 years or more. In Scotland the minimum age is 8, though in
practice offenders under 16 are rarely considered; in Northern Ireland the
minimum age is 10 years.

     The probation service provides and maintains day centres and hostels
together with schemes designed to meet the needs of a broad range of
offenders. In England and Wales it also administers supervision orders, the
community service scheme and supervises those released from prison on
parole. In addition, some probation officers work in custodial establishments.

     Under government proposals for England and Wales the courts would be able
to combine a probation order with a fine for a single offence and day centres
would be renamed probation centres to which national standards, including a
core curriculum, would be applied. A probation order would also become a
sentence of the court; at present it is imposed 'instead of sentencing'
reflecting the original intention that probation should be used mainly for
first, or relatively trivial, offenders.

     In England and Wales the cost of the probation service is shared between
central and local government. It is administered locally by probation
committees of magistrates and members co-opted from the local community. In
Scotland probation services are integrated with local authority social work
departments. In Northern Ireland the service is administered by a probation
board, whose membership is representative of the community and which is
funded by central government.

Community Service

     Offenders aged 16 or over (17 in Northern Ireland) convicted of
imprisonable offences may, with their consent, be given community service
orders. The court may order between 40 and 240 hours' unpaid service to be
completed within 12 months; for 16-year-olds the maximum in England and Wales
is 120 hours. Examples of work done include decorating the houses of elderly
or disabled people and building adventure playgrounds. The number of community
service orders made in England and Wales in 1988 was about 35,000; the figure
for Scotland was 3,300 and that for Northern Ireland 720. The Government is
proposing to introduce a new court order which could combine community service
and probation, as is the case in Scotland. The maximum term for the probation
element would be the same as a probation order and the maximum period of
community service would be 100 hours.

Curfew Order

     Legislation is proposed for England and Wales under which the courts
would be empowered to issue a curfew order confining people to their homes at
certain times in a bid to reduce crimes such as public disorder. It could also
be combined with probation, community service or the proposed order linking
probation and community service.

Compensation and Reparation

     The courts may order an offender to pay compensation for personal injury,
loss or damage resulting from an offence. The Government favours the courts
making full use of their compensation powers. Under the Criminal Justice Act
1988 courts in England and Wales are required to give reasons for not awarding
compensation to a victim who has suffered loss, injury or damage.

     Courts may order the confiscation of proceeds gained by a criminal from
drug trafficking and other offences such as robbery, fraud, blackmail and
insider dealing in shares. In certain circumstances courts may also order
forfeiture of property involved in the commission of crime; this does not
apply in Northern Ireland.

Other Measures

     The court in England and Wales may discharge a person absolutely or
conditionally if it believes that punishment should not be inflicted and a
probation order is not appropriate. If he or she is conditionally discharged,
the offender remains liable to punishment for the offence if convicted of
another offence within a period specified by the court (not more than three
years). The Crown Court may 'bind over' an offender by requiring him or her
to keep the peace and/or be of good behaviour. If this requirement is not
complied with, the offender may be brought before the court and dealt with
for the original offence. Alternatively the 'binding over' may mean that a
sum of money will be forfeit if conditions stated by the court are not met.

     In Scotland the same effects of conditional discharge and binding over
are achieved by a system of deferral of sentence until a future date. During
this period the accused is required to be of good behaviour and to meet any
other conditions stipulated by the court.

     Police cautions are used particularly for young offenders; the caution is
a form of warning and no court action is taken.

Prisons

     The Government aims to provide a humane and efficient prison service. The
average inmate population in 1989 was nearly 48,600 in England and Wales,
5,000 in Scotland and 1,800 in Northern Ireland.

     Prisons to which offenders may be committed directly by a court are
known as 'local prisons'. Other prisons, known as training prisons, receive
prisoners on transfer from local prisons. Some training prisons are 'open',
with no barriers to prevent escape. In England, Scotland and Wales sentenced
prisoners are classified into groups for security purposes. There are
separate prisons for women.

     There are no open prisons in Northern Ireland, where the majority of
offenders are serving sentences for terrorist offences.

     People awaiting trial in local prisons or in remand centres are entitled
to privileges not granted to convicted prisoners. Those under 21 awaiting
trial are, where possible, separated from convicted prisoners.

     The Government is seeking to foster greater private sector involvement in
the prison system of England and Wales. The building of new prisons is
monitored by a Board, which includes a strong private sector element. The
Government is to seek legislative powers to enable competitive tenders to be
invited from the private sector for the operation of remand centres and for
the work of escorting prisoners to and from courts and safeguarding them at
court.

     Many of the prisons in Great Britain were built in the nineteenth century
and require major repairs. In order to cut down on overcrowding and ensure
that all prisoners are housed in decent conditions, a major programme of
improvement is in progress which will reduce substantially the number of
cells without access to night sanitation. Eight new prisons have been opened
in England and Wales and one in Scotland since 1985, and 13 others are at
various stages of design and construction. Three of these are due to be
completed by March 1991 and the remainder will follow in the period between
1992 and 1994. By March 1994 over 7,000 places at new prisons will have been
added in England and Wales, and about 3,000 new places at existing
establishments. In Northern Ireland there is no overcrowding in the six
prison establishments, five of which have been built since 1970.

Remission of Sentence

     Most prisoners in Great Britain are eligible for remission of one-third
of their sentence. Prisoners serving a sentence of 12 months or less in
England and Wales are entitled to half remission. Release on remission is
unconditional and does not involve any official supervision in the community.
It may be forfeited for serious misconduct in prison.

Northern Ireland

     In Northern Ireland prisoners serving a sentence of more than five days
are eligible for remission of half their sentence. A prisoner serving a
sentence of more than 12 months who is released from prison with remission is
liable to be ordered to serve the remainder of this sentence if convicted of
fresh imprisonable offences during this period.

     Under the Prevention of Terrorism (Temporary Provisions) Act 1989 the
rate of remission for those convicted of terrorist-type offences and serving
sentences of five years or more has been reduced to one-third. Any released
prisoners convicted of another such offence before the expiry of the original
sentence must serve the remainder of that sentence before serving any term
for the second offence. Both these provisions apply to offences committed on
or after 16 March 1989.

Parole

     In England and Wales prisoners serving determinate sentences of more than
12 months become eligible for consideration for conditional release on parole
licence when they have served one-third of the sentence, or six months,
whichever expires the later. In Scotland they only qualify after 12 months.

     The first stage in England and Wales is consideration by a local review
committee attached to each prison. This is followed by scrutiny by Home
Office officials, who refer the more difficult and complex cases to the Parole
Board, which makes recommendations for release on parole. Home Office
ministers take the final decision on whether to accept the recommendation.
Less serious cases are dealt with by the Home Office without reference to the
Board. A similar procedure operates in Scotland, where there is a separate
Parole Board.

     About three-quarters of prisoners serving sentences of less than two
years receive parole. However, for those serving sentences of over five years
for violence, arson, sexual offences or drug trafficking parole is granted
only in exceptional circumstances, or for a few months at the end of the
sentence.

     The parole licence remains in force until the date on which the prisoner
would otherwise have been released from prison. It prescribes the conditions,
including the maintenance of contact with a supervising officer, with which
the offender must comply. Parole is not available in Northern Ireland, which
has more generous remission terms.

Proposals for Reform

     The Government intends to introduce legislation reforming the remission
and parole systems in England and Wales. Remission would be abolished, as
would parole, for prisoners serving under four years and, instead, they
would spend 50 per cent of their sentence in custody and then be released.
For the remainder there would be a selective system of parole based on clear
and published criteria. All prisoners sentenced to a year or more would be
supervised on release until three-quarters of their sentence had passed. If
convicted of another offence punishable with imprisonment and committed
before the end of the original sentence, a released prisoner would be liable
to serve all or part of the original sentence outstanding at the time the
fresh offence was committed.

     Proposals for the reform of the parole and remission systems in Scotland
are under consideration.

Life Sentence Prisoners

     The release of prisoners serving life sentences is at the discretion of
the Home Secretary or in Scotland the Secretary of State for Scotland, subject
to a favourable recommendation by the relevant parole board and after
consultation with the judiciary. The Secretaries of State do not, however,
have to accept such a recommendation for release, nor are they bound by the
views of the judiciary. People serving life sentences for the murder of police
and prison officers, terrorist murders, murder by firearms in the course of
robbery and the sexual or sadistic murder of children are normally detained
for at least 20 years. At the end of 1989 there were about 2,600 life sentence
prisoners detained in prisons in England and Wales, of whom about 200 had
been detained for 15 years or more. The equivalent figures in Scotland were
437 and 31 respectively. On release, life sentence prisoners remain on licence
for the rest of their lives and are subject to recall should their behaviour
suggest that they might again be a danger to the public.

     In Northern Ireland the Secretary of State reviews life sentence cases on
the recommendation of an internal review body in such a way as to reflect
their gravity and to take account of Northern Ireland's special circumstances.

Repatriation

     Sentenced prisoners who are nationals of countries which have ratified
the Council of Europe Convention on the Transfer of Sentenced Persons or
similar international arrangements may apply to be returned to their own
country to serve the rest of their sentence there.

Independent Oversight of the Prison System

     Each establishment has appointed to it a board of visitors (visiting
committee in Scotland), who act as independent observers on behalf of the
Secretary of State. They are unpaid volunteers drawn from the local community.
In England and Wales two members of the board must be magistrates. Their
principal duty is to satisfy themselves as to the state of the prison
premises, the administration of the prison, and the treatment of prisoners.
They have the right of access at any time to any part of the establishment,
and to any inmate, and may interview an inmate in private. They are required
to make an annual report to the Secretary of State about the state of the
prison and its administration, and can bring any matter to his attention.

Prison Industries, Physical Education and Education

     Prison industries aim to give inmates work experience which will assist
them when released and to secure a return which will reduce the cost of the
prison system. The main industries are clothing and textile manufacture,
engineering, woodwork, laundering, farming and horticulture. Most production
caters for internal needs and for other public services. A few prisoners are
employed outside prison, some in community service projects. Inmates are paid
at pocket money rates for work done; in some prisons incentive payment
schemes provide an opportunity for higher earnings on the basis of output and
skill.

     Education is financed by the prison service and staffed by local
education authorities. Full-time education of 15 hours a week is compulsory
for young offenders below school leaving age. For older offenders it is
voluntary. Some prisoners study for public examinations, including those of
the Open University. Within the resources available there is an adult
education curriculum. Library facilities provided through the local public
library authority are available in all establishments. Voluntary vocational
training courses are taught by prison and civilian instruction officers.
Physical education is voluntary for adult offenders by compulsory for young
offenders. Practically all prisons have physical education facilities, some of
which are purpose built.

     Education is offered on a voluntary basis to all prisoners and young
offenders in Northern Ireland, the courses ranging from basic education to
primary degrees and postgraduate research. At any one time around 55 per cent
of the prison population are engaged in some form of education and training.
A comprehensive library service, available in each establishment, is
linked to a province-wide inter-library loan service.

Medical and Psychiatric Care

     The prison medical service has a general responsibility for the physical
and mental health of all those in custody. Each establishment has
accommodation for sick people, and patients can also be transferred to
National Health Service hospitals. Psychiatric care is available.

Privileges and Discipline

     Prisoners may write and receive letters and be visited by relatives and
friends, and those in some establishments may make telephone calls. Privileges
include a personal radio, books, periodicals and newspapers, and the
opportunity to make purchases from the canteen with money earned in prison.
Depending on facilities prisoners may be granted the further privileges
of dining and recreation in association, and watching television.

     Breaches of discipline are dealt with by the prison governor, or by
the boards of visitors, who have power to order forfeiture of remission.

Welfare

     Prison officers deal with welfare matters and are supported by this by
probation staff (in Scotland, social workers), who use their own professional
skills to help individual prisoners understand more about the nature of their
offending behaviour.

Religion and Spiritual Care

     Anglican, Church of Scotland, Roman Catholic and Methodist chaplains
share in a ministry to prisoners, providing opportunities for worship and
spiritual counselling. They are supported by visiting ministers of other
denominations and faiths as required. In a multi-faith and multicultural
society particular attention is given to the needs of those of other major
world faiths and ethnic minorities.

Preparation for Release

     Many medium- and long-term prisoners in the later parts of their
sentences may be granted home leave for periods of between two and five days.
Its purpose is to give the prisoner the opportunity to maintain links with
family and friends, and, where leave is taken near the end of the sentence,
to contact prospective employers and make firm plans for release.

     The Pre-Release Employment Scheme provides an opportunity for selected
long-term prisoners to spend their last six months before release in
one of eight hostels, which are attached to prisons, to help them re-adapt to
society. Hostellers work in the outside community and return to the hostel
each evening. Frequent weekend leaves allow hostellers to renew ties with
their families.

     In Northern Ireland arrangements exist for prisoners serving fixed
sentences to have short periods of leave near the end of their sentences and
at Christmas. Life-sentence prisoners are given a nine-month pre-release
programme which includes employment outside the prison.

Aftercare

     The probation service (in Scotland, the local authority social work
departments) provides professional social work support to offenders following
their release. Most young offenders under the age of 22, adult offenders
released on parole and those released on licence from a life sentence receive
a period of compulsory supervision from the probation service. The National
Association for the Care and Resettlement of Offenders (NACRO) and the Apex
Trust (and their counterparts in Scotland) organise training-financed
by the Government-for ex-offenders. Other government-aided assistance by
voluntary bodies such as NACRO includes accommodation. The Northern Ireland
Association for the Care and Resettlement of Offenders, also a voluntary
group, is mainly concerned with assisting petty criminals and alcoholics
towards rehabilitation and social awareness.

Young Offenders

England and Wales

     In England and Wales criminal proceedings cannot be brought against
children below the age of 10 years. Children between 10 and 17 charged with
committing a criminal offence may be brought before a court, usually a
juvenile court. A local authority may bring a child of any age under 17 to a
juvenile court in a civil procedure known as care proceedings if, for example,
it suspects that he or she is in moral danger or beyond parental control.
Under both care and criminal proceedings a court may make a care order or
a supervision order or, if the parents consent, an order requiring them to
exercise proper care or control over the child. Before an order may be made
in care proceedings or a care order made in criminal proceedings, it must be
shown that the child is in need of care or control which he or she is unlikely
to received unless the order is made.

     Under a care order, which is reviewed every six months and normally
expires when the young person reaches 18 or 19, the local government social
services authority becomes responsible for the child's accommodation. It
may allow him or her to remain at home under supervision or place him or
her with foster parents or in a voluntary or community home. For children
too severely disturbed or disruptive to be treated in local authority homes,
there are two special Youth Treatment Centres run by the Department of Health.

     When implemented, the Children Act 1989 will reform both the grounds
for, and effects of, care and supervision orders in care proceedings. Under
the Act juvenile courts will no longer hear care proceedings and the care
order in criminal proceedings will be abolished.

     Under a supervision order (which may remain in force for not more than
three years) a child normally lives at home under the supervision of a social
worker or a probation officer. The court has power to require that the child
complies with directions given by his or her supervisor or, in criminal
proceedings, with requirements made by the court. The supervision order
can be used to provide for a programme of constructive and remedial
activities by means of a short residential course or, more usually, attendance
at a day or evening centre.

     In criminal proceedings, the courts may order payment of compensation,
impose a fine or grant a conditional or absolute discharge. The Government
believes that parents should be required to pay fines and compensation
incurred by juvenile offenders. It is therefore proposing to tighten the law,
under which courts would have to take into account parents' means as well as
those of the juvenile when deciding the amount of a fine or compensation.

     Offenders may be ordered to spend a total of up to 24 hours) of their
Saturday leisure time (up to three hours on any one occasion) at an
attendance centre. The centres, which provide physical education and
instruction in practical subjects, are for those found guilty of offences for
which older people could be sent to prison. Offenders aged 16 may be ordered
to perform up to 120 hours of community service.

     Boys aged between 14 and 16, for whom a non-custodial sentence would not
be appropriate, may be sent to a young offender institution; for those aged 14
the period is between three weeks and four months and for those aged 15 to 16
the maximum of 12 months. This sentence is also available for girls from the
age of 15. In the case of a very serious crime, detention is a place approved
by the Home Secretary may be ordered, and must be ordered in the case of
homicide.

     The custodial sentence for those aged between 17 and 20 years is also
detention in a young offender's institution. The use of custody for this
group, as with younger juvenile offenders, has dropped in recent years.
From June 1985 to February 1990 the number detained as young offenders
decreased from 10,104 to 6,238; of these the number of juveniles declined from
1,078 to 289. Detainees are eligible for parole and all are supervised on
release. Alternative penalties include fines and compensation, attendance
centre orders and community service (between 40 and 240 hours).

     The Government is proposing major changes in arrangements for dealing
with young offenders aged 16 and 17. In future both would appear in the
juvenile court, which would be renamed the youth court. The maximum length of
a community service order for 16-year-olds would be extended to 240 hours,
thereby bringing this into line with the arrangements for 17-year-olds. In
addition, both groups would be eligible for the proposed combined probation
and community service order. The Government believes that custody could be
abolished for 15-, 16-, and 17-year-old girls and for 14-year-old boys, but
that is should remain as an option for boys between 15 and 17. Custodial
sentencing arrangements for 17-year-olds would be the same as those for 15-
and 16-year-olds.

Scotland

     In Scotland the age of criminal responsibility is eight years but
prosecution of children under the age of 16 years in court is rare and
normally takes place only where the offence is of a serious nature, or where
a child is prosecuted together with an adult. Instead, children under 16
(or in certain circumstances those aged between 16 and 18 if subject to a
supervision requirement) who have committed an offence or are considered to be
in need of care and protection may be brought before a children's hearing
consisting of three lay people drawn from a panel for each region or islands
area. The hearing determines in an informal setting whether compulsory
measures of care are required and, if so, the form they should take. An
official 'reporter' decides whether a child should come before a hearing.
If the grounds for referral are not accepted by the child or parents, or if
the child is incapable of understanding the explanation of the grounds,
the case goes to the sheriff for proof. If he finds the grounds established,
the sheriff remits the case to the reporter to arrange a hearing. The sheriff
also decides appeals against any decision of a children's hearing.

     Custody is available to the courts for young people aged between 16 and
21; as in England and Wales they serve their sentence in a young offenders'
institution. Remission of part of the sentence for good behaviour, release on
parole and supervision on release are available.

Northern Ireland

     Children between the ages of 10 and 13 and young persons between the
ages of 14 and 16 who are charged with a criminal offence will normally be
brought before a juvenile court. If found guilty of an offence punishable
in the case of an adult by imprisonment, the court may order the child or
young person to be placed in the care of a fit person, under supervision
(if a child) or on probation. The offender may also be required to attend
a day attendance centre, be sent to a training school or committed to custody
in a remand home. Other options include a conditional or absolute discharge,
a fine, costs, damages or payment of compensation. Parents or guardians
may be required to ensure the person's good behaviour. If the court decides
that care, protection or control are necessary, or if the child or young
person has consistently failed to attend school, it may place the individual
in a training school, commit him or her to the care of a fit person, order
the parent or guardian to exercise proper care or guardianship, or make a
supervision order.

     Offenders aged between 17 and 21 who receive custodial sentences of less
than three years serve them in a young offenders' centre.

Civil Justice

The Civil Law

     The civil law of England, Wales and Northern Ireland covers business
related to the family, property, contracts and torts (non-contractual wrongful
acts suffered by one person at the hands of another). It also includes
constitutional, administrative, industrial, maritime and ecclesiastical law.
Scottish civil law has its own, often similar, branches.