Amendment 6 is in my name and that of the noble Lord, Lord Ramsbotham. It requires the supervising officer to explain the implications of licence conditions and the effects of non-compliance in language that is appropriate to the offender’s intellectual ability. As the Minister explained, Clauses 1 and 2 extend statutory monitoring and supervision to offenders serving short sentences for a mandatory period of up to 12 months. The introduction of a new period of statutory supervision with its own requirements, in addition to those of the licence period, adds an extra element of complexity to a person’s custodial sentence. The amendment will ensure that people with poor communication and comprehension skills, such as people with learning disabilities, will be able fully to understand the terms of their supervision requirements, and what might happen if they do not follow them.
It is generally accepted that between 5% and 10% of adult offenders have learning disabilities, and that a significant number of juveniles reaching 18 have speech, language and communication difficulties. However, in the absence of routine screening, the support needs of this group are often left unrecognised and unmet. Research undertaken by the Prison Reform Trust—I declare an interest as a trustee of the trust, and pay tribute to the brilliant work it does on behalf of people with learning disabilities who find themselves in the criminal justice system—showed that more than two-thirds of prisoners with learning disabilities and difficulties experienced problems with verbal comprehension, including problems understanding certain words, and with expressing themselves.
Research by various academics has shown that many people with communication difficulties lack the language skills to understand what is happening to them, and the implications of what is being asked of them. For example, many have problems understanding vocabulary that is commonly used in the criminal justice system, including words such as “victim” and “breach”. Many people with learning disabilities have limited language, comprehension and communication skills, which mean that they may have difficulty understanding and responding to questions and recalling information, and may take longer to process that information. They may also be acquiescent and suggestible, and, under pressure, may try to appease other people. Many also have memory problems, which may mean that they need regular reminders of what is expected of them over their licence and supervisory period.
I found that all these factors came into effect when I undertook my independent review of mental health learning disabilities in the criminal justice system, and I am grateful that the Government are supporting
many of the recommendations in the report as we move towards a national rollout of liaison and diversion schemes—including, crucially, early identification and assessment of people with complex needs, including learning disabilities. To ensure that adults understand what is expected of them during their licence and supervision period, the language used must be appropriate to the intellectual ability and understanding of the individual offender. To do otherwise will place the individual at risk of non-compliance, possible breach and a return to court. It will also fail to take into account the need for reasonable adjustments, as required by the Equality Act 2010.
It is worth pointing out that a similar debate during the passage of the Legal Aid, Sentencing and Punishment of Offenders Bill highlighted concerns over the use of language by courts in explaining their sentences. The noble Lord, Lord Ramsbotham, said that the inclusion of the term “ordinary language” was not precise enough to ensure that offenders with learning disabilities and communication difficulties would be able fully to understand and comply with the requirements placed upon them. I am pleased to quote what he said:
“Ordinary language, however simplified, may not be sufficient to explain complex concepts or terminologies which could elude the comprehension of some individuals. For example, people with a learning disability may require easy-read formats, which include pictorial aids … different forms of communication above and beyond ordinary language must be employed, determined by what is most appropriate for the recipient”.—[Official Report, 1/2/12; col. 1652.]
In response, the Minister agreed that guidance would be passed on to the relevant judicial training bodies for consideration. I understand that this was the Criminal Procedure Rule Committee. He said:
“I very much appreciate the advice that Mencap provided on the various techniques that could be used to explain a sentence to people with learning difficulties. That will be used in the training of judges and magistrates, and I intend to pass that on to the bodies responsible for that training”.—[Official Report, 1/2/12; col. 1660.]
I would be grateful therefore if the Minister could update us on progress in that regard.
Let me now turn briefly to supervision requirements. Part 1 of Schedule 1 to the Bill outlines the requirements which may be imposed upon a person under supervision. I am concerned about the impact that some of these requirements may have on people with communication and comprehension difficulties, such as people with learning disabilities. In setting the licence and supervision requirements, the particular care and support needs of the individual should be both assessed and taken into account. One example is good behaviour. In Schedule 1, proposed new subsection (1)(a) to the Criminal Justice Act 2003 requires a person,
“to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period”.
I, together with organisations such as the Prison Reform Trust, am concerned at the extent to which this requirement is open to interpretation. The Explanatory Notes to the Bill explicitly recognise this, stating:
“In relation to the requirement to be of good behaviour etc, there is a certain degree of imprecision in the requirement, but it is considered that it would be clear to offenders and the court what conduct would be prohibited under the requirement”.
The Government provide some clarity in referring to conditions outlined in Prison Service Instruction 2012/20 (licence conditions and temporary travelling abroad), stating that,
“clear policy guidance will be issued in relation to this topic”.
Good behaviour is highly subjective and can be used to describe many different types of behaviour. What may appear to be common sense to many people is unlikely to be explicit enough for certain vulnerable adults, such as people with learning disabilities or difficulties. It will therefore be important to ensure that any guidance recognises the intellectual ability and understanding of the individual under supervision and explicitly states and restates where necessary what would constitute a breach.
I would therefore be grateful if the Minister, when he responds, would give the House some assurances about the proposed guidance, including when it will be issued, who will issue it, how it will be disseminated and to whom, and what additional training will be provided.
Secondly, I turn to receiving visits. Proposed new subsection (1)(d) in Schedule 1 specifies that a person must,
“receive visits from the supervisor in accordance with instructions given by the supervisor”.
Again, it will be important for safeguarding issues to be fully taken into account when supervisors visit vulnerable people under their supervision, especially—for example—women and people with learning disabilities. Will the Minister give the House assurances that supervisors will be required to undertake appropriate safeguarding training work with vulnerable people?
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Thirdly, on participating in activities, proposed new subsection (1)(h) specifies that a person must,
“participate in activities in accordance with any instructions given by the supervisor”.
It is very important that sufficient training and relevant information are provided to ensure that supervisors are made aware when individuals have particular support needs, such as communication or comprehension, are able to ensure that the support needs of people under their supervision are met and ensure that realistic targets and expectations are set. Again, I would be very grateful to the Minister if he will clarify how the Government will ensure that people with learning disabilities and other support needs are identified, and how they will ensure that inappropriate requirements with which a person may not be able to comply are not set.
In conclusion, I hope the Minister will confirm that he recognises the importance of ensuring that people with learning disabilities and complex needs have every chance of being successfully rehabilitated, which, clearly, is what we are all trying to achieve. I beg to move.