Referral Orders and the Scaled Approach

Implementation date: 30 November 2009

Panel members’ briefing

●Insert date

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Agenda (adapt for local use)

The Criminal Justice and Immigration Act 2008

● Key changes

● Purposes of sentencing

● Changes to Referral Orders

Scaled Approach

● What is it?

● Why develop it?

● How was it developed?

● What are its key principles?

Implications for panel members

● Is there a change in my role?

● How does it work in practice?

● Where can I learn more?

Criminal Justice and Immigration Act

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Criminal Justice and Immigration Act 2008

Key changes:

● Purposes of sentencing

● Youth Rehabilitation Order (YRO)

● Changes to Referral Orders

● Youth Conditional Caution

● Custody-related changes

● Anti-social behaviour, Youth Default Orders,

Rehabilitation of Offenders

The Scaled Approach

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Purposes of sentencing

When sentencing a young offender the court must have regard to:

● the principal aim of the youth justice system (to prevent offending

and reoffending)

● the welfare of the offender

● the purposes of sentencing, which are

punishment

reform and rehabilitation

protection of the public

reparation to persons affected by offences

● Criminal Justice Act 2003 restriction of liberty must be proportionate

to seriousness of offence still applies

The Scaled

Approach

Referral Order changes in the Criminal Justice & Immigration Act

From April 2009, Courts can make Referral Orders where:

● There is one previous conviction and Referral Order not given

● Previous bind over or Conditional Discharge

● In exceptional circumstances on YOT recommendation in case with

previous Referral Order

● Also includes where a previous custodial sentence has been given

And court discretion:

● Discharge Referral Orders early for good behaviour

● extend up to three months at YOT recommendation e.g. non-

compliance

The Scaled Approach

The Scaled Approach – what is it? ● The Scaled Approach is a new way to match the intensity of YOTs’ work

with children and young people who offend to their assessed likelihood of

reoffending and their risk of serious harm to others

● The model, which was developed in partnership with YOTs, provides

greater information from which the judiciary can make decisions about a

young person’s sentence

● It affects:

how YOTs plan interventions with young people

format and content of YOT reports to courts and youth offender panels

● It is used when a young person is on a Referral Order Contract, a YRO or

during the community element of a custodial sentence

● The Scaled Approach has been designed to support the new YRO

sentencing structure to be brought in by the Government in November 2009

The Scaled Approach – why develop it?● Clear recommendation from Audit Commission (2004)

● Significant evidence base (reflected in the Key Elements of Effective

Practice)

● An existing tiered framework of interventions in the adult sector

● A risk-based approach was already existing practice in number of

YOTs

● A scaled approach was supported by evidence from the risk-based

pilots (in four YOTs)

The Scaled Approach – how was it developed?

Used all available evidence

Piloted and evaluated risk based approaches with four YOTs

Consulted widely with key people to ensure any concerns were addressed

Developed three intervention level bandings

Obtained legal advice from the Ministry of Justice

Developed and published the draft model in February 2009

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The Scaled Approach – key principles

● Assessment determines frequency of YOT contact and type of intervention (but quality is paramount as reflected in Key Elements of Effective Practice)

● Focus on:

Assessed likelihood of reoffending

Risk of serious harm to others

Consider the impact on the victim

● Interventions designed to:

reduce the likelihood of reoffending

reduce the risk of serious harm to others

support the new sentencing framework

Intervention tailored to individual risk and need

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The Scaled Approach is used by the YOT to determinethe level of intervention (either standard, enhancedor intensive) required when a child or young person is subject to one of the following court orders:

• Referral Order• YRO• Community element of a custodial sentence

The Scaled Approach – a summary

How will my role change?

What does this mean for panel members?

Messages from panel members in pilot YOTS

● Quality of reports to the panel improved immensely as a consequence of

the risk-based model

● The risk-based approach provides consistency and clarity and moves away

from individual YOT officer “idiosyncrasy”

● It enabled a more uniform approach for panel members, provided a clearer

way of working

Improves practice because it helps focus on decision making and contract

consistency

“You do not lose your autonomy or ability to think laterally”

“you can insert additional areas of intervention as deemed appropriate”

‘‘the risk-based approach promotes consistency for panel members”

Some questions raised by the pilots

Question Response

How can the panel

reconcile risk and

proportionality?

Proportionality is a matter the court in setting the

length of the referral order

Assessments of risk and need are critical to

determining the types of interventions which YOT

staff will propose to you in Referral Order reports

What if the panel feels

the young person’s

welfare needs require

more support than

will be offered by

statutory

appointments alone?

It is important that welfare needs do not result in

statutory appointments (for which young people can

be breached)

Where welfare needs are identified, Referral Order

reports will outline plans for addressing them on a

voluntary basis (i.e. in order that they do not form part

of the statutory contacts)

Court imposesReferral

order Populate Asset

(and ROSH if applicable)

DetermineScaled Approach

intervention level

Apply professional judgement if

applicable and seek managerial

sign off

Recommendpossible

contract items

Prepare Referral Order report based on all available info

The Scaled Approach – how does it work in practice

Panel defines contract

YOT undertakes a

full assessment

YOT undertakes assessment

Gather info fromrange of sources

Determining intervention level

Child/young person profile Intervention Level

Low likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 0 and 14 inclusive)ANDLow risk of serious harm (as indicated by no risk of serious harm assessment being required, or low risk of serious harm assessment)

Standard

Medium likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 15 and 32 inclusive)ORMedium risk of serious harm (as indicated by risk of serious harm assessment)

Enhanced

High likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 33 and 64 inclusive)OR High and Very high risk of serious harm (as indicated by risk of serious harm assessment)

Intensive

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The level of statutory contacts for assessed intervention level

Intervention Level (Likelihood of reoffending score)

Contacts per month for first 3 months

Contacts per month for rest of order

Standard (0 – 14 inclusive)

2 1

Enhanced (15 – 32 inclusive)

4 2

Intensive (33 – 64 inclusive)

12 4

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Benefits of the Scaled Approach

More efficient and effective allocation of YOT resources

Strengthened case management across the youth justice system

Improved practice in assessment quality, pre-sentence reports and intervention planning

Tailored interventions based on the young person’s risks and needs

Fewer young people in custody

Reduced reoffending Reduced risk of serious harm to others

Increased public confidence

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So when will it all happen?

Go live date30 November 2009

Workgroups

For more information about the Scaled Approach and the YRO

● Please speak to your local Referral Order co-ordinator

● Please access the YJB website at http://www.yjb.gov.uk/en-gb/practitioners/CourtsAndOrders/Disposals/ReferralOrder

● To view the Referral Order guidance and other materials please access the Ministry of Justice website at http://www.justice.gov.uk/guidance/referral-orders.htm

● The guidance document is available at http://www.justice.gov.uk/latest-updates/referral-orders.htm