Offenders to avoid prison if they have drug, alcohol or mental health problems

Justice Secretary David Gauke says he wants to “improve confidence in community sentences” (Rex)
Justice Secretary David Gauke says he wants to “improve confidence in community sentences” (Rex)

Offenders with drug, alcohol or mental heath problems are being offered community orders instead of jail time.

It is hoped that this pilot scheme will result in less re-offending among “vulnerable” offenders, who will receive treatment to help them address the root cause of their behaviour.

Justice Secretary David Gauke, who announced the scheme today, says it will help divert offenders from short-term custodial sentences, which the Ministry of Justice (MOJ) says are “frequently ineffective”.

Justice Secretary David Gauke (Rex)
Justice Secretary David Gauke (Rex)

The scheme will see psychologists assessing offenders in court to see if they’re suitable candidates for a community order, while panels of justice and health officials will help provide magistrates and judges with additional information needed to decide if treatment is required.

The initiative began in Birmingham, Plymouth, Sefton, Milton Keynes and Northampton at various points between late 2017 and early 2018, and so far over 400 Community Sentence Treatment Requirements (CTSRs) have been issued.

The CTSRs require close co-operation between the MOJ, Department of Health and Social Care, NHS England and Public Health England; failure to attend may be considered a breach of sentence.


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David Gauke said: “We are all clear that we need to do more to support vulnerable offenders in the community.

“I want to improve confidence in community sentences, and early evidence from these sites has shown that treatment requirements can have a significant impact in improving rehabilitation and addressing the underlying causes of offending.

“We need to do more to raise awareness and increase confidence in treatment requirements and I look forward to exploring how these sites progress.”

Offenders who qualify will receive treatment to help them address the root cause of their behaviour, rather than a jail term (Rex)
Offenders who qualify will receive treatment to help them address the root cause of their behaviour, rather than a jail term (Rex)

District Judge Richard Clancy, lead Judge at the Complex Case Court in Merseyside, said: “To have a trial scheme where the court has on-site psychologists capable of testing suitability of a defendant for a mental health treatment requirement, so that such a community order can be made by the Judge on the same day without need for adjournment, is a remarkable and innovative move which I fully support.

“This is an excellent joint venture, and I have seen first-hand how this allows us to ‘nip in the bud’ one of the major causes of crime.”

If successful, the pilot will be rolled out across England.