My Lords, this amendment reflects the suggestion I made at Second Reading that the UK should follow the precedent set by the United States and establish veterans’ courts to supplement the trial courts when ex-service men and women plead guilty to or are convicted of crimes for which non-custodial sentences could be imposed, to assist the rehabilitation of those ex-service personnel. Consistent with earlier amendments moved in relation to payment by results and probation, it calls for such a scheme to be piloted before being eventually embodied in the system on the basis of a resolution to be approved by both Houses of Parliament.
There were two sources of inspiration for this amendment. The first was a report published in 2011 by the North East Regional Joint Health Scrutiny Committee, led by officers of Newcastle City Council, looking at the mental health needs of the ex-service community. The second and in many ways more relevant source was a recent seminar on veterans’ treatment courts organised by Justice for Vets and the Community Covenant—two voluntary sector organisations—and the city council. That took place in Newcastle about three weeks ago.
Estimates of the numbers of UK former service men and women vary. The Department of Health says that there are around 5 million in England while research by King’s College for the Department of Health and MoD in 2010 estimated only 3.8 million, with about 20,000 men and women leaving the forces each year—a figure likely to grow now that the size of the Armed Forces is being reduced. Around 2,000 service men and women a year are discharged on health grounds, with the main issues being adjustment disorders, depression and alcohol abuse. They have a significantly higher rate of post-traumatic stress syndromes than the general population.
Evidence collected by a community veteran mental health project in the north-east suggests that most mental health problems occur after discharge. There are varying estimates, too, of the numbers in the criminal justice and penal systems. NOMS figures are at the lower end of the range, but even if they are right, between 3% and 5% of the national prison population at any one time may be veterans, and many more veterans will have been before the courts and received non-custodial community sentences, probation or suspended sentences, giving a total of around 20,000. The incidence of mental health disorders among the 16-to-44 age group of veterans, their families and carers—the so-called ex-service community—is threefold that for the UK population, and combat stress referrals have risen by two-thirds in the past few years. Early service leavers who are young are particularly vulnerable to emotional and mental health problems and are up to three times more likely to commit suicide than the general population.
The seminar to which I referred was addressed by a former state prosecutor from Little Rock, Arkansas, who has also served in senior positions in the state’s correctional service. He describes himself as “not a bleeding-heart liberal”. With that experience, one might well accept that. Nevertheless, he enthusiastically espouses and promotes the concept of veterans’ courts. The presentation included a video by a senior trial judge who also presides over the veterans’ court in Little Rock.
The US has some 20 million veterans, around five times the number in the UK, and in the last five years every state has established a veterans’ court. The offender can be referred from the trial court and is required to attend monthly so that progress can be assessed. A veteran mentor is appointed and systematic efforts made to help the offender deal with the range of problems with which he or she may have failed to cope. Substance abuse, mental health issues, lack of housing, skills or a job, family breakdown and other problems are addressed by development agencies. Failure to co-operate on the part of the offender leads to recall by the trial court and the possible imposition of a custodial sentence.
The system has proved remarkably successful. The court in Buffalo, New York, which I think was the first to be established, has a 100% success rate in avoiding reoffending. In Minnesota, reoffending rates fell very sharply for 83% of those participating. The potential savings were found to be considerable. In the analogous system of US drug courts around $5,700 was saved per participant. Even Texas, a state not known as a stronghold of bleeding-heart liberals, is looking across the board in its justice system for more cost-effective approaches than imprisonment. When considering the position of men and women who have served in the Armed Forces, it is surely time for us to extend the reach of the military covenant by piloting veterans’ courts here.
I suggest beginning with the north-east. The region is the largest contributor of recruits to the armed services, and veterans comprise around 5% of its prison population of 10,500 against an ONS estimate—which may be on the low side—of 3% nationally. The 2011 scrutiny report produced a series of recommendations covering services for veterans, especially in the mental health arena, which play such a significant part in offending and reoffending. This is influencing the necessary development of a more co-ordinated approach between the relevant agencies. The potential clearly exists to build on this experience so that the MoD, NHS bodies—including health and well-being boards, clinical commissioning groups, the national Commissioning Board and trusts—councils with their responsibilities for housing and social care and the Department for Work and Pensions can, we hope, help to prevent ex-service men and women from offending in the first place. Together with the probation service and the voluntary sector, these bodies will help to prevent reoffending should they fall foul of the law.
Having discussed the problems in terms of policies and statistics, I should like to illustrate their nature by recounting the story of one individual who was helped by probation and About Turn. About Turn is a charitable organisation in the north-east which is headed by a former serviceman and supports veterans.
Mr A comes from a service background with a father who served for more than 20 years in the Army. Now middle-aged, Mr A served for nine years as a young man before leaving the forces at the request of his wife. Unfortunately they divorced and he began to suffer alcohol problems. He joined the TA and a few years ago was employed as a training team instructor but lost the job after a serious accident caused by drinking. Depression and increased drinking exacerbated
the effects of medication to treat the ongoing consequences of his accident. He was arrested for a serious offence of violence and was himself severely injured. Thanks to the probation service he was put in touch with this veterans’ charity following a community rehabilitation order and a suspended prison sentence. Under their auspices, with mentoring and support, he has obtained permanent accommodation and recognised qualifications, reduced his alcohol consumption, drug misuse and self-harm, improved his physical health, increased contact with his children and ex-wife and has avoided reoffending. He has engaged in 969 hours of positive structured activities organised by the charity. In a moving letter he says:
“At present I’m on a Veterans’ Mental Health course and would love to get involved with the next one. I have attended meetings on Civic level supported charity events and am at present laying plans for charity events. All of this has played an important part of me not reoffending, self isolating and drinking and it has also given me reason to look to the future”.
He concludes:
“It is a crying shame that I had to get into trouble to achieve all of this”.
It is also a crying shame that men and women who have served their country in difficult and often dangerous circumstances should fall into a similar state as Mr A, at such great cost to themselves and to society.
By systematically incorporating approaches such as those Mr A has successfully undergone into our criminal justice system, we can do much to reduce the likelihood of such damage, and the veterans’ court concept offers a real prospect of achieving that goal. The Minister expressed sympathy with the idea when I floated it on Second Reading, and Mr Damian Green, the Minister of State for Criminal Justice in the Commons, has agreed to meet my honourable friend Dave Anderson MP and others—I hope to be one of them—in the near future. I hope that the noble Lord’s sympathetic response—I know that he wishes to see this carried forward—will be reflected in a positive response tonight. I hope that we can look forward initially to the establishment of a pilot scheme and subsequently to rolling it out in the interests of society and indeed for the ex-service men and women. Those who serve our country under arms deserve no less. I beg to move.
6.15 pm