Scottish Government

SUPPORTING SAFER, STRONGER COMMUNITIES
CONSULTATION ON COMMUNITY JUSTICE AUTHORITIES

INTRODUCTION

The purpose of this document is to gather views on a number of issues related to the creation of Community Justice Authorities (CJAs) being introduced under the Management of Offenders etc. (Scotland) Bill. The proposed new framework aims to improve current arrangements with a particular focus on reducing reoffending. Issues which require to be considered include boundaries of CJAs, membership and constitutional issues and the identification of partnership organisations.

Current structure

There are 32 local authorities in Scotland with responsibility for criminal justice social work. The Scottish Executive provides full grant funding for criminal justice social work. Since 2002, for Criminal Justice Social Work (CJSW) purposes, including the receipt of Scottish Executive funding, local authorities have operated in 8 non-statutory Criminal Justice Social Work Partnerships, in 3 unitary authorities, (Glasgow, Fife and Dumfries and Galloway), and in the 3 island authorities of Shetland, Orkney and Eilean Siar. The Scottish Prison Service (SPS) is responsible for 16 prisons. These organisations, working with a range of voluntary bodies, are responsible for managing offenders and reducing rates of reoffending. Details of current groupings along with information on boundaries for other relevant organisations are attached at Annex A.

Consultation

The Scottish Executive carried out an extensive consultation, Reduce, Rehabilitate, Reform, in spring 2004 to explore how the current arrangements for the management of offenders could be improved. The response to this showed an acceptance that improvements were necessary and agreement on the following weaknesses inherent in the current system:

• A lack of shared objectives (and thus accountability) for reducing reoffending;
• Poor communication and integration amongst criminal justice agencies;
• Inconsistent delivery of services across Scotland; and
• The lack of effectiveness of short term prison sentences in reducing reoffending.

These views are supported by inspection evidence from Social Work Services Inspectorate (SWSI) and HM Chief Inspector of Prisons (HMCIP) reports.

Criminal Justice Plan (CJP)

The Scottish Executive's response to the consultation, Supporting Safer, Stronger Communities: Scotland's Criminal Justice Plan ( http://www.scotland.gov.uk/library5/justice/scjp-00.asp), was published in December 2004. In this Ministers set out comprehensive proposals for reducing reoffending by making improvements to current arrangements for managing offenders. This includes clarifying and strengthening accountability at national level for the delivery of offender management services. A national advisory body, chaired by the Minister for Justice, will be established to create a shared focus among all key agencies on the aim of reducing reoffending. It will also give strategic guidance to the Minister in relation to the SPS and monitor SPS's performance on offender management. This body will also provide guidance to CJAs in producing their local area plan.

In addition the plan laid out Ministers' proposals for legislation to introduce a statutory framework to place local authorities and designated partners, particularly SPS, under specific new obligations to work closely together to manage offenders. The plan also set out proposals to set up CJAs to provide a strategic level for planning, managing performance and reporting on performance by local authorities or groups of local authorities. The Management of Offenders etc. (Scotland) Bill was introduced to the Scottish Parliament on 4 March 2005. Section 2(1) provides for the making of Orders to establish the number and boundaries of the CJAs along with matters related to constitution and proceedings. Section 2(16) provides for an order to designate partner bodies to be included in the development and delivery of area partnership plans. (See Annex B for Extract of Section 2 of the Bill). Also section 7 of the bill allows CJAs to undertake criminal justice social work functions on behalf of local authorities, or for that function to be transferred from local authorities to the CJA.

Timetable