Offenders In England Research Articles

Factors in terrorist risk assessment: a rapid evidence assessment of the extremism risk guidance (ERG22+) factors

Purpose Since 2011, the Extremism Risk Guidance (ERG 22+) has been the primary risk assessment framework used for terrorist and violent extremist offenders in England and Wales. The aim of this study was to conduct a rapid evidence assessment to examine the research literature on the ERG22+ factors and to identify possible significant new and emerging knowledge around potential new factors. Design/methodology/approach Searches were conducted of the Google Scholar database to identify relevant literature published between 2012 and 2020. In total, 29 documents were identified, which examined new radicalisation models and frameworks, 339 were identified, which explored to some extent one or more of the current ERG factors, and a further 138 articles were identified, which focused on potentially relevant additional issues/factors. Findings Most of the ERG factors were the focus of substantial research activity between 2012 and 2020. Six factors, however, received very little research attention. Potential implications of these trends are considered. Ten research themes were identified with the potential to either form new factors or which could play a significant role in the updating or revision of some existing factors. Originality/value This paper is the first rapid evidence assessment on the ERG22+ risk factors. It provides an important picture of the published scientific research of potential relevance in this area and helps to inform the review process for the ERG22+.

Tensions between police training and practice for the risk assessment of registered sex offenders in England and Wales

ABSTRACT In UK, police officers are specially trained to become Management of Sexual or Violent Offenders (MOSOVO) officers. MOSOVO officers risk assess Registered Sex Offenders during home visits. We aimed to examine the MOSOVO training and home visits, and determine whether there is an alignment between training and practice. Three police forces in UK participated. Firstly, the MOSOVO training course was observed at each force. Secondly, MOSOVO officers in each force recorded home visits over a two-week period; the authors randomly selected 12 recordings for analysis. Field notes and transcripts were analysed using thematic analysis. Four themes were developed: unspecialised trainers lead to distrust and disengagement; the training does not prepare officers for all types of home visit; tensions between standard police policies and MOSOVO role; police suspicion of RSOs influences home visit implementation. We provide recommendations to improve MOSOVO training and the home visit process.

State Authority and Convict Agency in the Paper Panopticon: The Recording of Convict Ages in Nineteenth-Century England and Australia

The nineteenth century witnessed the creation of a ‘paper Panopticon’ designed to capture information about offenders in England, especially those who were transported to Australia. This article considers the effectiveness of this new record-keeping system and asks whether convicts had some agency within it. These questions are explored through a macroscopic analysis of the recording of convict ages in nineteenth-century England and Australia, made possible by the Digital Panopticon project. By using the methodological opportunities opened up by digital technologies, we can test the accuracy of historical records in new ways, and in the process develop a better understanding of the encounter between state authority and convict agency.

The omnipresence of risk and associated harms in secure and forensic mental health services in England and Wales.

Current legislation and policy frameworks regulating the detention and treatment of mentally disordered offenders in England and Wales are predicated on the assumption that a minority of patients have enduring violent tendencies and pose a serious long-term risk to the safety of others. This paper seeks to consider the manner in which notions of risk and the imperative to contain and minimise the potential for harm, present and impact patients in secure and forensic mental health settings. Within this, we consider how mental health stigma and Beck’s concept of the Risk Society can affect the thoughts and actions of those who may be held accountable for rare but potentially serious harmful events. We consider what changes may need to be enacted within secure and forensic mental health services to reduce the incidence and severity of consequent risks of harm to patients and their mental health recovery.

Elderly offenders at Wathwood Hospital: perspectives and practicalities

AimsThe following project explores where Wathwood Hospital stands in provision of services to its elderly patients.BackgroundThe only dedicated forensic medium secure unit for elderly offenders in England is the St. Andrews medium secure unit in Northampton with only 17 beds. Due to the limited beds, other units must accommodate elderly patients, which raises the question whether these units can provide the appropriate services for this very vulnerable population.MethodInclusion Criteria:Male>55 years of ageAdmitted from 2012 onwards (from when database was maintained)Data were gathered using patient electronic records including index offence, mental disorder, physical health comorbidities and discharge destinations. Patient identifiable data were anonymized to protect their identities.A staff survey was also conducted to find their perspective on managing elderly patients and whether Wathwood Hospital had the appropriate resources for elderly offenders in their area of work.ResultA total of 220 referrals were searched with only 9 patients >55 years. Index offenses, mental disorder diagnoses, physical comorbidities including cognitive assessments in the form of memory tests and brain imaging were also collated for identified patients from electronic patient records.Index offences included violence against person, arson, homicide, robbery, threatening behaviour and dangerous driving and affray. Diagnoses included learning disability, delusional disorder, paranoid schizophrenia, bipolar affective disorder, alcohol dependence, personality disorder and depressive disorder.Patients had multiple comorbidities such as diabetes, COPD, hypertension, coronary artery disease and musculoskeletal problems. Out of the nine admitted patients, only six had an ACE with an average score of 70.83. Five patients had brain imaging, with two normal results and the others showing some degree of atrophy and ischemic changes.Discharge destinations included medium secure units, low secure unit and prison. One patient unfortunately died during admission and four are still inpatients.A staff survey conducted showed their perspective on the challenges in managing elderly patients and whether Wathwood Hospital had the appropriate resources for them to work with elderly offenders in their area of work. All results will be explained through tables and graphs.ConclusionIt's evident that there are challenges in managing elderly patients in units not specifically designed to manage them. This is also due to the lack of geriatric training and resources available to allied health care professionals to carry out their respective work. It's therefore crucial we formulate more inclusive strategies to address these challenges.

Solving Her Problems? Beyond the Seductive Appeal of Specialist Problem-Solving Courts for Women Offenders in England and Wales

AbstractAt the nexus of the social and penal policy fields, problem-solving justice promises to punish offenders while working to address the complex issues that drive their law-breaking behaviour. Appealing to the left and right due to its dual focus on pragmatism and welfarism, the concept has floated in and out of political fashion for the past two decades. Recent years have heralded a renewed political interest in the approach, closely aligned to the Conservative government’s commitment to ‘transforming justice’. With a focus on empowerment and collaboration, the problem-solving model has much to offer women offenders in particular. Drawing on data from a large-scale study into the sentencing and punishment of women under the new probation arrangements, this article reveals a divergence of views on gender-specific courts among sentencers, probation officers and third sector workers. Moral concerns about up-tariffing sit alongside the practical barriers of government bureaucracy and hindering legislation. With data pertaining to effectiveness (rather than potential) still required, this article argues that specialist problem-solving courts for women present a risky strategy, however seductive their promise.

The policy shift towards more intensive monitoring of domestic violence perpetrators

In January 2019, long-awaited government policy proposals began to be clarified by HM Government, in relation to the monitoring of potential and known domestic violence perpetrators. This clarification related to two main proposals; for GPS tracking of offenders and abusers; and for the use of notification requirements (a 'domestic abusers register'), both as part of newly proposed powers for the courts. Under new legislative proposals contained in the draft Domestic Violence and Abuse Bill, a maximum of 1,000 offenders in England and Wales at any one time, who were subject to orders designed to better protect victims of domestic abuse of stalking , would be 'tagged' with 24-7, GPS-based electronic monitoring devices. The draft Bill, when enacted, would see the creation of Domestic Abuse Protection Orders, and part of the legislation that outlines their scope would then give a statutory underpinning to this particular public protection surveillance measure. These orders would also be used to require offenders to report to the police, to notify officers of their personal details as part of a 'domestic abuser register' system of risk management.

Management of sexual offenders in England and Wales: forms of detention and treatment approaches

Dieser Beitrag beschreibt den Umgang mit Sexualstraftatern in England. Zunachst werden einige Besonderheiten der britischen Gesellschaft und deren Rechtssystem dargestellt. Sodann werden Fakten zu Sexualstraftaten prasentiert sowie die rechtlichen Grundlagen und praktischen Aspekte der Unterbringung und Behandlung im Strafvollzug sowie in der forensischen Psychiatrie. Im Hauptteil werden dann das „Sex Offender Treatment Programme“ (SOTP), dessen Struktur und Inhalte, beschrieben sowie Studien zur Effizienz der psychologischen Behandlung von Sexualstraftatern diskutiert. Insbesondere wird eine neuere Evaluation des SOTP vorgestellt, deren Ergebnisse (fehlende Effizienz des SOTP) letztlich zur Abschaffung des SOTP in seiner bisherigen Form gefuhrt haben. Zum Ende hin werden noch neuere Gesetzesinitiativen und innovative Interventionen zum Umgang mit Sexualstraftatern dargestellt.

Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The English Perspective

This article explores the legal constraints imposed on the rising number of so-called ‘dangerous’ sex offenders in England and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency Public Protection Arrangements and civil protective orders such as Sexual Harm Prevention Orders. ‘Control’ in the community is thus widespread, but is difficult to assess whether it is either effective or necessary without a great deal more research and analysis. Post-sentence ‘punishment’ has been largely ignored by both academic lawyers and criminologists. The article concludes that financial austerity might prove to be as important as the human rights agenda in curbing the disproportionate use of powers of control.

‘It’s all considered to be unacceptable behaviour’

Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and (ex)offender groups in the community. Addressing these gaps, this paper provides an overview of the main local housing authority statutory duties in the provision of housing support for prison leavers and (ex)offenders in England and Wales, and situates the issues with accessing accommodation within the wider context of austerity. The paper presents a case study that explores criminal justice practitioners’ experiences of working with local authority housing agencies. Stemming from 25 interviews with housing practitioners and criminal justice practitioners, the paper outlines the main challenges facing criminal justice agencies as they try to secure accommodation for homeless (ex)offenders and resettle them in the community. Finally, the paper concludes by raising critical questions about the housing options for this population, now and in the future.

‘We have no awareness of what they actually do’: Magistrates’ knowledge of and confidence in community sentences for women offenders in England and Wales

In its Strategic Objectives for Female Offenders (2013) the Coalition government reiterated its support for robust and effective sentencing options that enable the majority of non-violent women offenders to be punished in the community. While a laudable ambition, this strategy will only be successful if sentencers are aware of (and support) the options available to achieve this goal. Considering government policy in relation to current levels of awareness among the magistracy, this article explores the factors that influence sentencing decisions for women. Highlighting reservations about the suitability of community provision, it also reveals the lack of information and training that magistrates receive on this issue. While there is certainly a willingness to learn and consider more creative options when sentencing women, it is clear that better knowledge of the offender and the options available are needed. Drawing on empirical research conducted with 168 magistrates in England and Wales, this article concludes with a number of practical avenues for improved communication, advocated by magistrates themselves. With many unaware of strategic direction on this issue, the implications for policy and practice are obvious.

The Naming of Child Homicide Offenders in England and Wales: The need for a Change in Law and Practice

The Naming of Child Homicide Offenders in England and Wales: The need for a Change in Law and Practice

Quantifying crime associated with drug use among a large cohort of sanctioned offenders in England and Wales

AimTo assess the relationship between testing positive for opiates and/or cocaine and prior offending. Methods139,925 persons (107,573 men) identified from a saliva test for opiate and cocaine metabolites following arrest in England and Wales, 1 April 2005–31 March 2009, were case-linked with 2-year recorded offending history. The prior offending rate, accounting for estimated incarceration periods, was calculated by: drug-test outcome; gender; four main crime categories (acquisitive, non-acquisitive, serious acquisitive, and non-serious acquisitive) and 16 sub-categories. Rate ratio (RR) compared opiate and/or cocaine positive to dual-negative testers. Adjusted rate ratio (aRR) controlled for age at drug test. ResultsThe relationship between testing positive for opiates and cocaine and prior 2-year offending was greater for women than men (aRR men 1.77; 95% CI: 1.75–1.79: women 3.51; 3.45–3.58). The association was weaker for those testing positive for opiates only (aRR: men: 1.66, 1.64–1.68; women 2.73, 2.66–2.80). Men testing positive for cocaine only had a lower rate of prior offending (aRR: 0.93, 0.92–0.94), women had a higher rate (aRR: 1.69, 1.64–1.74). The strongest associations were for non-serious acquisitive crimes (e.g. dually-positive: prostitution (women-only): aRR 24.9, 20.9–29.7; shoplifting: aRR men 4.05, 3.95–4.16; women 6.16, 5.92–6.41). Testing positive for opiates and cocaine was associated with violent offences among women (aRR: 1.54, 1.40–1.69) but not men (aRR: 0.98, 0.93–1.02). ConclusionsAmong drug-tested offenders, opiate use is associated with elevated prior offending and the association is stronger for women than men. Cocaine use is associated with prior offending only among women.

Treatment, deterrence or labelling: mentally disordered offenders' perspectives on social control.

Mentally disordered offenders are a group of service users who experience substantial amounts of control and supervision. This article uses theories of social control to analyse the way in which mechanisms of control are understood by this group. Semi-structured interviews with mentally disordered offenders in England who were subject to a restriction order under the Mental Health Act 1983 (as amended by the Mental Health Act 2007) provided the empirical basis for this study. The offenders had a number of perspectives on the restriction order. Firstly, it was seen as a mechanism for identifying those suffering from a mental disorder and for providing appropriate treatment. Secondly, the restriction order was viewed as a form of disciplinary control through which societal norms might be internalised. Thirdly, it was seen as labelling offenders in a manner that was experienced as limiting and oppressive. A number of research participants were aware that the order acted to limit staff actions. These participants saw the order as a means by which they might shape the support that they received in order to further their own aims.A video abstract of this article can be found at: https://www.youtube.com/watch?v=qwIwDI2sOTY&feature=youtu.be.

Encoding risk: Probation work and sex offenders’ narrative identities

Legislation governing the management of released sex offenders in England and Wales has frequently focused on the monitoring of behaviour and the structuring of external controls. Such policies would appear to limit concern for the subject’s internal world to manual-based cognitive behavioural therapy courses. Interviews conducted in England both with paroled individuals convicted for sexual offences and their supervising (probation) officers, however, reveal the various ways in which officers attempt to direct the narrative identities of their parolees – shaping their subjectivities. Drawing upon Foucauldian descriptions of confession as a ‘technology of the self’, it is possible to see how probation officers sought to transform their clients’ self-conceptualisations. This analysis highlights the internal nature of supervisory work, offering insights into the reasons why sex offenders may engage with or resist their community management. Furthermore, the potential impact of the narratives encouraged must be considered; while explanatory discourses of public protection and risk management prevailed, there are good reasons to suggest that the work conducted may have hindered the pursuit of these aims.

When prison is "easier": probationers' perceptions of health and wellbeing.

There are currently over 300,000 offenders in England and Wales and the majority, around 240,000, are in the community on probation. However, there is a paucity of research on their health and healthcare needs. The purpose of this paper is to explore issues around health and access to health services for those on probation. In particular the paper explores what people on probation consider to be the key health issues currently affecting them, and to identify barriers to accessing healthcare in the community. The authors ran six focus groups with a total of 41 participants; two were with staff and the others with men and women on probation. In each focus group, the researchers used semi-structured guide and the discussions were recorded electronically and then transcribed. The paper adopted a thematic analytical framework and used NVivo 7 to facilitate analysis. Both probationers and professionals largely agreed about the key issues which included substance use and mental health problems. However, the most important issue for probationers was dealing with the stress of being on probation which was not generally recognised by professionals. All participants recognised the impact of issues such as housing, finances and employment on the wellbeing of probationers and were concerned about the lack of access to health services, in particular mental health and alcohol services. This was a small study conducted in one part of England and therefore it is not clear that the findings are generalisable. However, it raises important issues about the mental health needs of probationers and the lack of appropriate services for them. Effective services may have positive impact on re-offending and further research is needed to evaluate models of care. The challenge remains for local health service commissioners and providers and the probation service to work together to provide appropriate and accessible services for all those on probation. Nearly one-quarter of a million people are on probation at any one time in the UK but the existing evidence on their health is patchy and dated. Little is known about effective health interventions or the extent to which their health needs are met. This study shows that probationers see the stress of being on probation as their most important health concern. Both probationers and staff recognise that mental health and substance use are persistent problems and that these important health needs in these areas are not being met by existing services.

Mandatory life sentences for serious sex offenders in England and Wales: tough, but intelligent too?

This article considers the preventive detention laws in England and Wales with special reference to the new mandatory life sentence that has recently replaced imprisonment for public protection (IPP). It considers what was wrong with IPPs and agrees that change was required, but questions whether the coalition government has introduced anything better. Looking at sentencing policy and practice in South Africa, England and Germany, it evaluates whether the new policy behind preventive detention in England and Wales is as David Cameron has stated tough, but intelligent too.

Middle-Class Offenders as Employees—Assessing the Risk: A 35-Year Follow-Up

A 35-year follow-up of a series of 317 middle-class offenders in England and Wales suggests that the dangers of employing offenders may be more limited than expected. Although 40% were subsequently convicted, only 8% were subsequently convicted of offenses that directly and adversely affected an employer. This work should challenge the “exaggerated fears” of employers. Interestingly, variables which normally predict subsequent criminal activity made no impact in trying to predict offenses against an employer.

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups. MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions. ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17years. ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.

Dealing with dangerous offenders in England and Wales

Forensisch-psychiatrische Einrichtungen gibt es in allen westeuropaischen Landern. Ihre Organisation hangt von verschiedenen Faktoren, u. a. den rechtlichen Rahmenbedingungen, aber auch der Einstellung der Gesellschaft gegenuber psychisch kranken Straftatern, ab. In diesem Beitrag werden die forensisch-psychiatrische Versorgung, ihre rechtlichen Grundlagen sowie der Umgang mit gefahrlichen Straftatern in England und Wales beschrieben und kritisch kommentiert. In England und Wales besteht eine lange forensisch-psychiatrische Tradition; die erste Klinik, Broadmoor Hospital, wurde bereits 1863 eroffnet. Die evidenzbasierten Behandlungskonzepte in der forensischen Psychiatrie, die therapeutischen Angebote im Strafvollzug, die Ausbildung forensischer Psychiater sowie die forensisch-psychiatrische Forschung in England und Wales haben uber die Grenzen hinaus Beachtung gefunden. Allerdings gibt es auch viele Aspekte des englischen Systems, die als kritisch zu betrachten sind, wie z. B. die hohe Zahl an Gefangenen, die lange Unterbringungsdauer und die zunehmende Fokussierung auf Sicherheitsaspekte zuungunsten von Behandlung und Rehabilitation. Unterschiede zum deutschen System bestehen u. a. im Hinblick auf die Bedeutung der Zurechnungsfahigkeit, die bei Entscheidungen uber eine Unterbringung in der Forensik keine Rolle spielt. In den letzten Jahren sind zunehmend Gesetzesinitiativen entstanden, die zu einer Ausweitung der Unterbringung in der Forensik und im Strafvollzug gefuhrt haben. Insbesondere sind hier die Initiative zur Behandlung besonders gefahrlicher, personlichkeitsgestorter Rechtsbrecher („dangerous and severe personality disorder“), das Sexualstraftaterregister sowie die neue lebenslange Freiheitsstrafe zum Schutz der Allgemeinheit („indeterminate imprisonment for public protection“) zu nennen. Diese Initiativen haben bereits mehrfach zu Klagen vor dem Europaischen Gerichtshof fur Menschenrechte gefuhrt. Dennoch setzt sich der Trend der zunehmenden Ausgrenzung von psychisch kranken Straftatern fort.