I am afraid that the hon. Lady has not understood what we are seeking to achieve. The Select Committee observed, in a good piece of work, that the present system was far too bureaucratic, and that only a minority of probation time was spent on working with offenders. We are seeking to create a simpler system in which we give much more professional freedom to those on the front line. We want to deliver an environment in which we can mentor and support people, and we want to bring together the best of the public, private and voluntary sectors, not only to make the system more efficient but to deliver high-quality mentoring.
The hon. Lady raised the question of performance. The probation trusts are currently hitting many targets, but there is one simple reality at the heart of all this: reoffending is currently increasing, and I do not think that that is good enough.
Let me explain some of what the Bill will actually do. Clause 2 provides for this group of offenders to spend the second half of their sentences subject to licence conditions in the community, like all other prisoners. Clause 3 creates an innovative period of additional supervision, which is added to the licence to make a total of 12 months' mandatory rehabilitation and support after release. I think that that is the least that we should have in our system; it is extraordinary that we do not have it already.
The supervision period is there not to punish offenders, but to help them to move away from crime. We want those who work with offenders to try new, innovative approaches to rehabilitation. I look forward to seeing the voluntary sector, for example, playing a much larger role. We all see good work done in that sector, and I want to see more of it being done in our formal systems.
A range of flexible requirements can be imposed during the supervision period. They are set out in schedule 1, and include participating in rehabilitative activities including restorative justice, being tested for drugs, and attending appointments to address drug misuse. Those requirements are designed to give those who work with offenders the ability to steer them during the months after their release from prison. The freedom to innovate will be critical to the driving down of reoffending rates in this group.
We are focusing particularly on drug use, which is common among offenders who are serving custodial sentences. Two thirds of those who are serving sentences of less than 12 months have used class A drugs, while three quarters have used class B or class C drugs. Drug use among prisoners is also strongly associated with reconviction on release. The rate of reconviction among prisoners who report having used drugs in the four weeks before custody is more than double the rate among those who have never used drugs. That applies to drugs in class A, class B and class C.
Clause 12 expands the current power to test offenders for drugs while they are on licence to include class B as well as class A drugs. Schedule 1 creates an equivalent testing condition for the supervision period that will follow the licence period. All that is an essential part of trying to ensure that when people come out of prison, we do all that we can to move them off drugs as quickly as possible, in a regime in which they are obliged to take part.
Let me now explain what will happen if an offender does not engage with supervision. Breach of any of the supervision requirements will be dealt with by the magistrates courts, and there will be an important new role for lay justices and district judges. Clause 4 provides a flexible set of sanctions that magistrates may—not must—impose if a breach is proved. They can impose a fine, between 20 and 60 hours of community payback, a curfew with an electronic tag, or committal back to custody. There is no “escalator” approach requiring a more onerous sanction to be used if a lighter-touch one has been imposed before.
The Bill also makes reforms to the two types of sentence that are served in the community—suspended sentence orders and community orders. Reoffending rates following those sentences are less stark than those following short prison sentences, but it is no less important for us to address them. Nearly everyone who ends up in our prisons has previously served a community sentence, and many of those people experience problems similar to those experienced by short-sentence offenders: problems involving mental health, alcohol consumption and drug misuse. Clause 15 creates a new rehabilitation activity requirement to mirror the new supervision condition that will be available for offenders who are released from short prison sentences. As with the top-up supervision period created by clause 3, that will provide maximum flexibility for those working with offenders, enabling them to instruct them to attend appointments or participate in activities.