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First findings from intensive supervision courts
Process evaluation of the pilot intensive supervision courts

Process evaluation

Yesterday (20 January 2025) the MoJ published an interim process evaluation of the pilot intesive supervision courts (ISCs) undertaken by CFE Research and the Revolving Doors Agency. ISCs are a problem-solving approach that diverts offenders with complex needs away from short custodial sentences and into enhanced community-based sentences which aim to address underlying issues linked to offending. The ISC pilot is testing a model of community sentence management between probation and the courts, for certain individuals who receive a high-end Community Order (CO), or Suspended Sentence Order (SSO).

The model

Orders managed under the ISC comprise both rehabilitative and punitive measures, are delivered by a multi-agency team and are overseen by a single judge who can apply incentives to reward engagement and sanction those who are non-compliant. Key partners include the judiciary, court staff, probation, treatment providers, police, local authority, and women’s services.

The MoJ fund the pilot; most of the funding is allocated to dedicated ISC probation resource, the addition of a court co-ordinator role, and a dedicated “privilege and enabler” fund to support and recognise compliance. Privileges are intended to be flexible and creative in order to be individualised to the person on the ISC.

The pilot currently comprises two substance misuse (SM) courts in Liverpool and Teesside Crown Courts, and a women’s ISC in Birmingham Magistrates’ Court. A third SM court operating in Bristol Crown Court launched in June 2024 is not included in the evaluation.

Positives

The research team found good understanding of and support for the ISC approach amongst core partners. Staff and stakeholders welcomed the opportunity to try something new.

By the end of January 2024, 63 people had been sentenced under the ISC pilot and there was broad agreement across sites that the pilot is reaching its intended target cohort. You can see a summary of the eligibility criteria in the table reproduced below. Both stakeholders and individuals on the ISC viewed the model as fair and appropriate, recognising that the requirements are demanding – this was not seen as an easy option.

Partnership working is at the centre of the ISC model; multi-agency teams work together from the point at which someone is identified as potentially suitable for the pilot and then throughout the course of their ISC order. This is usually facilitated by regular ISC partnership meetings, where live information can be shared about those on the ISC.

The pilot sites have taken steps to make the court hearings less intimidating and positive relationships have developed between the judges and individuals on the ISC. People are receiving tailored support packages, and some have accessed mental health treatment for the first time. Overall, there appears to be good engagement with order requirements so far. Individuals on the ISC attended their rehabilitation requirements or had an acceptable reason for absence on 89 percent of occasions. The flexible use of sanctions and incentives is helping engagement, as are the regular judge-led reviews. Individuals on the ISC are receiving tailored support to meet their needs.

Challenges

The workload in some areas was greater than expected. Individuals on the ISC generally have a high level of support needs, and core partners need to contribute to a variety of ISC processes, including the pre-sentence report and review hearings. The evaluation found that staff shortages/high turnover in probation exacerbates pressures on staff and can negatively affect continuity of care. Furthermore, partner organisations providing support have not received additional funding for the pilot and this has caused some tensions. There were concerns about managing caseloads as more people came onto the pilot.

It has taken time to build relationships, understanding and support for the ISC approach amongst wider stakeholders such as non-ISC court staff, police officers and the legal profession. The support of these stakeholders for ISCs is important to ensure potential candidates for an ISC order are swiftly identified and referred.

The lack of housing representatives in the core partnership in two sites was felt to be a missed opportunity given the expectation that people should be in stable accommodation in order to be suitable for the ISC. Lack of support from housing limited the pool of people who were eligible for an ISC sentence, as well as generating additional work for staff who spent time identifying accommodation and related funding.

Some core partner staff felt that the eligibility criteria are too narrow and that other people who could benefit are potentially being missed, such as those who have committed low level offences that are not heard in Crown Court or are not in stable accommodation.

However, the pilot cohort was selected to divert those who may have received a custodial sentence to an intensive community sentence, it is important that the use of ISC orders does not inadvertently mean people receive a harsher sentence than they otherwise might.

It was suggested that involving frontline staff in the set-up phase prior to launch could have helped to smooth implementation; staff running the pilot day-to-day have valuable knowledge about what would work and what factors need to be considered.

Early outcomes

The pilot enables diversion from custody. Most people (41 out of 63) would have otherwise received a custodial sentence. At this stage, people being committed to custody through early terminations of their ISC order are low.
Some people have reduced their drug and alcohol intake. Other early outcomes include improved mental wellbeing and relationships with families.
The rigorous requirements of ISC orders have helped give people a purpose and a routine; this can have wider positive effects on their behaviour and wellbeing.

Next steps

This report only contains details of a process evalaution. An outcome evaluation is due to be published later this summer.

It is known that the Sentencing Review being conducted by David Gauke is interested in the viability of ISCs.

 

Thanks to Andy Aitchison for kind permission to use the header image in this post. You can see Andy’s work here

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