Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, in an earlier debate today the noble Baroness, Lady Linklater, said that the two most vulnerable groups in prison are children and women. There is another group that is in many ways the most neglected as well as the most vulnerable, and that is young adults, who are in the halfway house between being children and adults. There is nobody in charge of them—they are lost souls. In the prison system, those in young offender establishments, or the split sites, are poor relations. Most facilities are given to children aged between 15 and 18, under the requirements of the contract let by the Youth Justice Board, and young offenders get what is left, which is frequently not enough to occupy them entirely. Whereas we have a Youth Justice Board concentrating on the needs of children and have had many reports, including that of the noble Baroness, Lady Corston, which we discussed earlier, dealing with women, there is nothing dealing with this group other than the Criminal Justice Alliance and the Transition to Adulthood Alliance, which consists of 13 organisations from the criminal justice, health and youth organisations that have been calling for a long time for something to be done about this. In Committee, my noble friend Lord Adebowale and I mentioned the problems of this group, but largely in connection with the community. I want to mention that community trials have been going on but also to focus on imprisonment, because in our prison system at the moment young men of this age group are disproportionately represented. At the end of September 2011, there were 8,317 18 to 20 year-olds in prison in England and Wales. The sentenced numbers in this age group have gone up by 30 per cent since 1997. If we extend the age group to 18 to 24, which is frequently done, we find that although that group represents only one in 10 of the population, it represents one in three of those sentenced to imprisonment and of those in the hands of the probation service. They account for one-third of the total social and economic costs of crime to the nation. In other words, this group represents a particular problem within the criminal justice system, which to my mind does not appear to be properly settled, and indeed has not been for some time. There are very promising signs. In Committee, we mentioned the success of the intensive alternative to custody schemes, which are being piloted and pioneered by the Greater Manchester and West Yorkshire probation trusts. They were tailored to the specific needs of this age group. The probation officers commenting on the schemes said, interestingly, that this was the first time they could remember having any hope of achieving anything on reoffending with this age group because at last there were programmes that were tailored to their needs. That was in stark contrast to comments made by the Chief Inspector of Prisons on young adults in one prison; he said that the young men were ““sleeping through their sentences””. Commenting on young offenders in this group as a whole, he said that there was a lack of engagement in work, education and training opportunities across the whole YOI estate. That cannot be sensible—certainly in terms of tomorrow—because if this group, who are so volatile in criminal activities, are being left to do nothing while they are in the hands of the criminal justice system, it must be a contributor to crime rather than a preventer of it. Commenting on the amendment that I put forward in Committee, the Minister warned that the Government did not have the resources to deliver intensive interventions with or supervision of this age group. I acknowledge that it is expensive. It is not a cheap option to do something with them, but on the other hand I put it to the Government that it is more expensive to do nothing and that we cannot afford that. What should we therefore best do? Since Committee, I have had extremely productive meetings with the Minister, the Prisons Minister and Simon Boddis, who is the official in NOMS responsible for devising and introducing offender programmes—and who had the good fortune to be my principal psychologist when I was Chief Inspector of Prisons. I must admit that I have been encouraged by much of what I heard about what is going on, in areas such as the introduction of work and drug and alcohol treatment programmes. I have to admit, however, that I am concerned by the apparent overfocusing on payment by results, because I am uncertain whether payment by results really works when measuring reconviction. Who is responsible or not responsible for preventing reconviction? You really do not know which factor, which programme or which event it is, therefore how can you know exactly who qualifies for payment? Yet in order even to have a payment-by-results regime, you have to have a structure in which it is conducted. What I do not see in the whole NOMS structure, as I have said on many other aspects of the system, is anyone in charge or being responsible for overseeing the programmes. Here you have a perfect example of the intensive alternatives to custody scheme in one part of the system. Why should that not be adopted in the other, and if it is all happening in NOMS, why should somebody not be driving it? If that happened, and if somebody was really focusing on the whole problem, the identification of what is needed and what can be done would be much sharper, and the expenses would become much clearer. Sensible planning would therefore be easier. I know that some people have suggested that the age group should be 18 to 24, not 18 to 20. I disagree at the moment for practical reasons, because it would be possible to make a halfway step by inviting the chairman of the Youth Justice Board to take on responsibility for the 18 to 20s. That would put them under the same sort of focus as children have been under and leave the over-21s in the adult system. That is not to say that I do not recognise that there is considerable flexibility in this, because people mature at different ages and it may well be sensible to develop a system in future where we can take account of that. However, until and unless something is done this overrepresentation will contribute hugely to problems and expense in the future, and therefore it would seem sensible to put a structure in place now. While I admit that parts of this amendment are prescriptive, I believe what I have tabled to be the very minimum that it might be sensible to do to help resolve this very serious problem.