My Lords, I thank all noble Lords who have taken part in this debate, in particular my noble friend Lady Linklater for tabling her amendments.
Amendments 4, 6 and 15 all relate to the supervision of young adult offenders. The aim of Amendment 4 is to exempt offenders sentenced when they were under 18 from receiving top-up supervision, even if they were 18 or over when released from custody. Amendment 6 is, I understand, an alternative approach to Amendment 4, because it applies to those offenders who are under 18 when sentenced and requires that such offenders may be supervised by a member of the youth offending team. The last amendment in this group, Amendment 15, relates to offenders subject to detention and training orders—or DTOs—and, as I understand it, would apply top-up supervision to offenders if they were 18 or over at the halfway point in their sentence and they were under 21 on the last day of the supervision period.
At the outset, I should say that we believe there are a number of technical issues with these amendments, which I shall briefly highlight. However, like the noble Lord, Lord Ponsonby, I am generally sympathetic and understand totally the general thrust of the amendments as tabled. Amendment 4 would mean that an offender
sentenced when under 18 years of age, regardless of sentence and regardless of their age on release, would not be subject to top-up supervision. Although not part of the amendment, this would in effect render Clauses 4 and 6 redundant, since they set out how offenders turning 18 during custodial sentences are supervised. In response to Amendment 4, I also stress that the Government believe that our commitment to provide 12 months’ supervision should apply to all those aged 18 and over when they reach the point when they would be released from custody.
We all recognise that offenders who have just turned 18 can have different needs from older adult offenders. The National Offender Management Service has been developing and translating the evidence base to support more effective targeting of interventions with young adults in custody. We want to work with providers to ensure that their needs are met as they move back into the community. When supervising young adult offenders who have just turned 18, we will expect providers to recognise this difference and tailor their supervision to the particular needs of the group—and, as my noble friend highlighted, they are particular needs. It is certainly in the interests of providers to do so, because this is an important and challenging group in terms of reoffending. To make a significant change in the levels of reoffending requires us to tackle this group and recognise the support they need as they transition into adulthood and adult services. Young adults are at the peak age for desistance from offending, and we want to ensure that they are given every opportunity to desist sooner.
I do not believe that supervision is a hindrance for young adult offenders. In fact, the Government see this as a real opportunity for real support for young adult offenders, not as something that they should be excluded from. As my noble friend acknowledged, at this age, young people as they transition to young adults are looking for greater levels of support. Therefore, the supervision element will surely assist them and provide an opportunity for that development. So I hope that my noble friend can reconsider and withdraw this amendment.
Amendment 6 offers an alternative approach. It also deals with the application of top-up supervision. In short, it is designed to ensure that any offender who was sentenced when under 18 and who is released aged 18 or over, so is subject to top-up supervision, must be supervised by a youth offending team—or YOT. I say this is an alternative approach because, if Amendment 4 were to be adopted, no offenders sentenced when they were under 18 would be subject to top-up supervision. That said, I understand the thinking behind this amendment. The fact is, however, that these offenders may under current arrangements be supervised by probation providers.
Under the current arrangements, when the offender’s behaviour is challenging or when there are additional offences yet to consider, it can be agreed that it is more appropriate for probation providers to supervise the offender on release rather than a YOT worker. This is a decision that happens every day between probation and YOT professionals, based on their professional expertise, taking account of the interests of the particular
offender and their particular needs. My noble friend Lady Linklater and the noble Lords, Lord Ponsonby and Lord Ramsbotham, all referred to the importance of the professionals’ expertise and their particular needs. It is that professional expertise that we want to home in on. After all, who are we seeking to assist but the young person, in ensuring that their needs are met? We believe that this flexibility for dealing with young adult offenders on release should be retained, because it is likely to provide for the most effective ways to rehabilitate this crucial group. Put in a summarised form, it empowers professionals to make the best decision in the interests of the given individual.
Finally, in this group, I turn to Amendment 15, which relates to Clause 6. The clause deals with offenders serving detention and training orders who turn 18 before or at the halfway point of their sentence. The DTO is the main custodial sentence for under-18s. It is imposed for a fixed period of months, with the first half spent in custody and the second half under supervision in the community.
Just as an aside, while I have not been involved from the magistrates’ point of view, I have worked with such teams in the community and I have seen the practical benefits of the Youth Justice Board. In my own experience as a councillor, a community park was created down to the efforts of that particular team, and it was amazing what they went on to do in the community on their release.
Clause 6 provides for top-up supervision for offenders serving DTOs who turn 18 before they are released from the custodial part of their sentence. In this way, as with other adults on release, they will receive an overall period of 12 months of supervision in the community. I am not totally clear about the intended effect of this amendment, but it appears from what my noble friend has said to be an attempt to carve out a cohort of young adults who qualify for YOT supervision. As tabled, it applies top-up supervision to offenders who turn 18 at or before the halfway point of the DTO and would be under 21 on the last day of the supervision period. The additional requirement in this amendment, that the offender must be under 21 on the last day of the supervision period, is unnecessary because, even if an offender was sentenced on the day before their 18th birthday, given that the maximum period of a DTO is two years, it is inconceivable that any offender would be 21 or over at the end of the supervision period.
By removing and replacing proposed new Section 106B(1)(b) of the 2000 Act, the amendment would also remove the exclusion of those offenders sentenced to a 24-month DTO. That provision is important, because a 24-month DTO includes 12 months of supervision, so top-up supervision is unnecessary. As I said, I do not want to go into the technical details but, in short, the Government believe that it is important that those sentenced to the shorter DTO sentences who are 18 at the halfway point should receive an overall period of 12 months of supervision in the community as we are providing for other adult offenders. I stress again that it is the same period of supervision, but it need not be the same type of supervision. That is why we have flexibility in regard to tailoring services
to young adult offenders. I acknowledge the fact that there is no one-size-fits-all approach in this way of dealing with young offenders.
I shall pick up on a couple of points that were raised during the debate. My noble friend Lady Linklater talked about delivering top-up supervision for those sentenced as juveniles who are turning 18. Arrangements for supervision of young offenders on release from a DTO are flexible, as I have already said, which allows for local agreement as to the most appropriate provider of supervision. I assure her that it will be tailored to the individual circumstances of the offender, their age and the risk of reoffending—a point well made by the noble Lord, Lord Ponsonby. The Bill provides for supervision top-up to be delivered by either the YOT or probation providers.
My noble friend also referred to the issue around transition, which was a very important point. I assure her that the Ministry of Justice, NOMS and the Youth Justice Board recognise that transition between youth and adult services is a potential point of vulnerability for young people. Indeed, we all acknowledge that. The MoJ, the Youth Justice Board and NOMS are already working closely together to help improve support for young people who are transferring between the youth and adult justice systems. For example, in September 2012 the YJB and NOMS respectively launched the transitions framework, to provide guidance for providers working with young people in the community, and the transitions protocol, to guide those working as custodial practitioners. Those promote better practice and aim to improve information sharing. NOMS and the YJB have already invested over £4.1 million in the development of the youth-to-adult portal, to improve the quality and quantity of information transferred between youth offending teams and the probation services. We are now looking to see how this service may be extended for use with other providers.
We all agree that this a crucial group, with particular needs that need particular attention. I associate myself entirely with the sentiments of my noble friend and those of the noble Lord, Lord Ponsonby. We do need to tackle those needs directly, but it is our view that the Bill gives us the opportunity to do that, and to achieve exactly what we seek. I therefore hope that my noble friend is reassured, that she recognises the Government’s commitment to that group, and that she feels able to withdraw her amendment.