The Probation Board for Northern Ireland — Written evidence (JCS0043)
Introduction
1.1 The Probation Board for Northern Ireland (PBNI) is a central part of the criminal justice system in Northern Ireland. It works to address the causes of offending to help prevent people coming back into the system again and protects the public from harm caused by re-offending. The services we provide enables individuals to change their behaviour which in turn reduces the likelihood of re-offending, reduces the numbers of victims, and makes communities safer. We are primarily responsible for the management of those subject to supervision in the community (those serving a community sentence or who have been released from prison subject to licence[1]) and for preparing pre-sentence reports for the judiciary in the courts to enable them to choose the most appropriate sentence. Probation staff also work in prisons preparing people for release into the community and we provide an information service for victims of crime and restorative interventions where appropriate.
1.2 All probation officers are social workers who are qualified and regulated by the Northern Ireland Social Care Council and trained in risk assessment and management which are essential skills in this complex and challenging work. We also have staff who are psychologists, community service officers, probation services officers, and administrative staff in operational teams.
2.1 Around 100,000 crimes are reported to the Police Service of Northern Ireland (PSNI) each year. As a result, 24,000 people are convicted in court of criminal offences, with 3,000 people receiving a custodial sentence, served in one of Northern Ireland’s prisons. Similarly, around 3,000 people each year receive a supervised community sentence which, for adults, is managed by probation, which is also responsible for the post custody supervision of around 500 adult prisoners upon their release each year.
2.2 On 31 March 2023, probation was managing 4,108 people on a combined total of 5,488 Community Orders and Licences. Following a reduction in caseload in 2021 due to the pandemic, there is a continuing upward trend through 2022 and 2023 for both people and orders, though a sharper increase can be seen in the number of orders on caseload. While there has been an upward trend in People and Orders on Caseload since 2021, there are fluctuations when Order / Licence types are looked at individually. The most common order remains Probation Orders, which accounted for 35% of all Orders at the end of 2022-23. This is followed by Determinate Custodial Sentences, which on 31 March 2023 accounted for 33% of Orders on caseload and saw an increase of 19% when compared to the same date in 2022, the largest increase of any order type. Combination Orders also saw an increase in the past year. They are up 15% from the same date last year and have now returned to the pre-pandemic levels seen in 2020. Community Service Orders continued to trend downwards, despite the increase in caseload, and saw a reduction of 2% when compared to the same date in 2022.
2.3 The complexity of people PBNI is supervising on community orders is increasing with more people presenting with poor mental health, addictions and trauma.
2.4 The breakdown of caseload by gender remained consistent this year, with 89% of caseload being male and 11% female on 31 March 2023.
2.5 The most common age range of people on caseload was 30 to 39 years old, with 34% of males and 36% of females belonging to this demographic. While 30- to 39-year-olds has consistently been the most common demographic of people on PBNI’s caseload, there has been a general downward trend across the lower age groups while the higher age groups have seen a general upward trend.
3.1 Recent work within justice in NI has placed greater emphasis on understanding the factors that can lead people into offending, or re-offending; and developing problem solving justice approaches to address the root causes of offending.
3.2 Adopting this ‘problem solving’ approach PBNI enhanced one of the existing sentencing provisions the ‘Combination Order’, with the aim of further reducing re-offending while at the same time providing solutions which better meet the needs of victims. The Enhanced Combination Order, was recently included in the NI Audit Office Innovation and Risk Management: A Good Practice Guide for the Public Sector published in June 2023 Innovation and Risk Management - A Good Practice Guide for the public sector | Northern Ireland Audit Office (niauditoffice.gov.uk).
3.3 The Enhanced Combination Order (ECO) was first introduced in October 2015 in the Ards, and Armagh and South Down court areas, and later extended to the North-West in October 2018. As of 16/08/23, there have been a total of 1025 Enhanced Combination Orders, given to 874 service users.
3.4 ECOs focus on restorative practice, desistance, and victims, with service users also required to complete unpaid work within their local communities. Those with mental health issues are assessed by PBNI psychologists, with a treatment plan or referral to an appropriate health provider then forming part of the intervention. Where appropriate, parenting/family support work and accredited programmes are also part of the Order. ECOs use a multiagency, multidisciplinary, collaborative approach, with PBNI leading on the Order, and support provided by a range of organisations including Barnardos, Community Restorative Justice Ireland (CRJI), Northern Ireland Alternatives and Victim Support. Within PBNI, ECOs involve Probation Officers (POs), Probation Service Officers (PSOs), Community Service Officers (CSOs) and PBNI Psychologists providing greater flexibility and choice.
3.5 Several evaluations of the ECO initiative have been undertaken over the last number of years. They have shown, that while demanding for both staff and service users, the Orders have been successful in achieving their aims. The most recent evaluation examines how much has been done between October 2015 and December 2021, how well it has been done and the impact that it has had on service users.
3.6 The evidence in the most recent evaluation shows that: ECOs provide a well-rounded holistic service for complex and chaotic service users. The associated wrap around services are now well embedded and excellent working relationships have developed between stakeholders with continued commitment between partner organisations evident. Challenges, relating mainly to the pandemic, homelessness, securing restorative placements/victim input on a province wide basis were identified with suggestions for improvements focussing on restorative conference style work, incorporating a housing element, mainstreaming and roll out. Input from service users themselves has also been positive with the vast majority satisfied with the support they received (98%) and a range of benefits identified. The wider value that ECOs have brought to service users, including the provision of psychological support and help with avoiding re-offending should not be under-estimated.
4.1 An important element of delivering these innovative community sentences using a problem solving approach is our partnership with the community and voluntary sectors who provide secondary services to support Probation Officers.
5.1 The Department of Justice in NI concluded a public consultation on its Sentencing Policy Review in February 2020 and highlighted the importance of raising awareness and building confidence in Community Orders. Probation has carried out significant work with the media and partners to explain the aim and purpose of Community Orders and help build confidence and demonstrate that Community Orders are ‘not a soft option’ but rather provide opportunities for rehabilitation and resettlement which benefit individuals, families and the wider community. Problem solving approaches have been highlighted in the media. Prison to pilot scheme: The rehabilitation project lowering re-offending - BBC News Up to 50 offenders challenged to tackle drug abuse - BBC News
5.2 Probation regularly surveys partners and service users about the services we provide including the management of community sentences. The most recent survey of sentencers showed high levels of satisfaction with the service provided. Key to building confidence in community sentences is ongoing engagement with the judiciary and over the last number of years PBNI has had regular meetings with all judiciary and briefed the Judicial Studies Board on the effectiveness of Community Sentences and the development of ECO. In 2022 the Lady Chief Justice responded to PBNI’s consultation on its Corporate Plan for 2023-26 highlighting the judiciary’s support for ECO’s and the problem solving approach to delivering justice.
6.1 The latest re-offending statistics for adults who received a community sentence is 28.7% (2019/20 re-offending rates published in November 2022). This is down by 4% on the previous year.
6.2 The re-offending rates of people on ECOs was also down by nearly 4% for the 2019/20 cohort compared with 2018/19. Re-offending data is only one way of evidencing the effectiveness of Community Orders including ECOs. Several evaluations of ECO and SMC have been carried out which demonstrate positive outcomes for both individuals and families. Evaluations are available on our website at www.pbni.org.uk.
1 September 2023
Annex 1
Orders Supervised by Probation
[1] Full list of the Orders and Licences we supervise is at annex 1.