21 June 2007
Manchester
Lord Falconer spoke to chief police officers about the vital role they played in the criminal justice system. He spoke about the need for flexibility and reduced bureaucracy in the system.
Good afternoon. And thank you for having me. I am delighted that so many of you have made it this far - I am sure that on the final afternoon of a long, busy and thoroughly successful conference many of you are praying for early release. I don't know what is going to happen next week - I myself am going to pop down the road shortly and join the Liberal Democrats.
It also gives me particular pleasure to be talking to you in Manchester - where many moons ago with Mike Todd and Alan Green I was Minister responsible for introducing the Street Crime initiative.
That experience was formative - in a good way, I should add - in my thinking on the police and on the wider criminal justice system. What is demonstrated to me was a police force that worked across boundaries.
Not just breaking out of institutional silos - but across boundaries with people. Reaching out to the local population - working with young people - listening to the community. Working in partnership with them and other agencies - not just criminal justice agencies - but with social services, schools and community groups.
What is showed me is that the police have and need a perspective that goes beyond policing. You know how to relate to the public - and respond to changing circumstances - how to adapt to their priorities.
What it really rammed home was the realisation that success cannot be achieved alone. That in order to have an effective criminal justice system - it needs to operate as a system. Many people, many partners but with one shared aim.
The lessons I learnt from my experiences with the police and the street crime initiative I have taken forward with me throughout my various Ministerial roles - and now as Secretary of State for Justice. I firmly believe that the lessons learnt by the police are the lessons for the wider CJS.
People's perception of and confidence in the justice system is affected, shaped and guided by the people who work in that system. You are, for many, the face of that system. Often, it is how the public relate to the police that forms their view of justice in this country.
No-body will ever believe that things are perfect. But people will recognise and do recognise that things are improving. Crime is down by 35% while the risk of being a victim of crime is the lowest in 25 years.
And you should be proud of what you have achieved and the improvements you have made. Let me extend my personal thanks and indeed congratulations to ACPO.
You have provided sterling leadership in the face of sometimes great political and media pressures. I appreciate that lack of consistent political leadership can make your life more difficult, and I hope that the next few years will bring a greater degree of clarity and stability. At this point, I must unfairly single out Ken Jones - who has led ACPO with tact, decisiveness and vision. Thank you for all you have done but in particular for helping me in the use of police cells. The problems Chief Constables have been having are not through what Ken has been doing - but completely of my making.
I have been involved with the CJS as a minister for about 10 years.
I have seen that by and large people understand and appreciate what you do - and put an enormous amount of faith in what you do. With this comes an enormous responsibility.
And by and large confidence in how you do it is increasing - and will continue to increase the more relevant, visible, effective and connected you become. In this you are ahead of other parts of the criminal justice system - I am thinking the courts in particular. In too many places they are still perceived to be geographically and culturally isolated from the communities they are serving. I have made it a priority to change this impression.
If a justice system is to inspire confidence - it must be relevant. The police have led the way.
That the next Prime Minister outlined his vision for law and order at your conference is a measure of the esteem in which the whole of Government holds ACPO and the police - and an indication of the profound understanding of the vital importance of an effective police service in developing a society which is safe and just and fair.
One of the Chancellor's key themes was giving the police the flexibility to apply your own experience, your own judgement, and your own local knowledge in day-to-day policing. I think that the best police forces are those that are able to make decisions based on their own experiences on the ground. They decide the priorities for their areas - something that will invariably differ from place to place.
In order to make these decisions each police force has got to be free from unnecessary regulation, bureaucracy and central control. You have got to be free to form independent judgements and then deliver them and take responsibility for them.
Government's increased influence over policing has been a product more of evolution than design. But we should not lose sight of the basis of the relationship: strong police forces, independent of Government, independent of any vested interest.
Ken Jones, was entirely right I believe, when he spoke to your conference earlier in the week. The fundamental relationship should be a police service that is unshackled but with direction.
Targets have some value in driving performance and allowing for comparisons to be made. But too many targets - too much political direction does the reverse.
It is with strong, independent police forces that the closest cooperation is possible.
This afternoon I would like to do three things.
Firstly, I would like to talk a bit more about reducing bureaucracy and allowing the people at the front line of public services to get on with the business of delivering justice. We need to push forward with reform of the CJS - simplifying it, speeding it up, making it work for communities.
Secondly, our penal policy. Measures I announced on Tuesday have a significant impact on ACPO members, and I want take this opportunity to explain our strategy.
And thirdly, I would like to talk specifically about human rights and the Human Rights Act in this context.
Simplifying the CJS
We have been very clear since its creation on May 9th that the Ministry of Justice is not about introducing rafts of new initiatives. It is not about meddling or micromanagement from Whitehall.
Rather, I see our role as to set the strategic direction for the justice system - and letting the professionals get on with delivering what they know works.
We want to see justice applied with common sense - including letting the police get on with the job of policing with common sense. Part of this is reducing red-tape; limiting bureaucracy.
Many police officers, at all levels in fact, who I speak to are keen not to take cases to court. Too many cases are felt to be too complicated, too bureaucratic, too time consuming.
Which is why we should, where appropriate, continue to extend and expand the use of summary justice FPNs, and PNDs .
Critical to a successful criminal justice system is proportionality.
An approach that ensures that people are protected, that justice is done, in which the public have confidence. Fundamentally if people are to have confidence in justice, both the trial process and punishment must fit the crime. But crucially our approach must represent a sensible and sustainable use of police time and indeed the courts time. There is something wrong with a system that requires as much paperwork for a minor offence as a complicated one.
Simple, speedy summary justice is currently being implemented in all magistrates courts in England and Wales. The clear lesson from our test areas - is firstly that it works, and secondly that CJSSS can only work if all parties, the police, the CPS, the courts and the judiciary work closely together.
CJSSS is all about making things quicker and easier for public - but also for the agencies involved in delivering justice. In many areas it has been the police who have taken the lead in driving forward with CJSSS.
Let me give you a couple of examples;
In Coventry the police and the court put in place arrangements so that there was better information about police availability, reducing inconvenience to the police and improving the timeliness of trials. The result being that 70% of trials were set within 6 weeks.
Or in London where the police reviewed the content of their case files reducing the burden on them, while retaining sufficient information for an effective trial. The result being that there was a 16% increase in guilty pleas at first hearing.
Both these examples show how working better together - and trusting the professionals to identify and implement what works - can have significant benefits. Both these examples are simple practical ways of improving the system for everyone involved - reducing the burden on the police; improving outcomes for the public.
The Government is also working with the police to develop a Beacon LCJB programme - and my thanks and admiration must go to Tim Godwin for all his work in this area. Beacon areas give greater local ownership over CJS delivery - letting you establish proportionate processes for handling different levels of offending more effectively.
And I am very pleased that Clare Sumner from my department is going to talk to you a bit more later CJSSS and Beacon Areas.
As a Government our role should not be to micromanage, but to allow you to get on with your jobs. You are the experts, not the politicians. You know what works. You make the day to day operational decisions. You must be given the flexibility to do what you think is right.
Prisons
On Tuesday, I announced to Parliament a series of measures to ensure that we have enough capacity to accommodate all those whom the courts determine require a custodial sentence. This is just one element of a much broader strategy that looks to reduce re-offending and tackle problem behaviour - be that through improved drug, alcohol or behavioural treatment. And looking again at sentences - with a view to increasing the use of community penalties where appropriate.
But an essential requirement of any penal policy, the minimum requirement of any penal policy, is to ensure that the public are protected from violent, sexual and dangerous offenders through providing enough prison places for those who need to be there.
We have made public protection from the most dangerous criminals a priority.
We are bringing more offenders to justice than ever before, 25% more than when we came into office. Those who commit violent or sexual offenders can now receive an indeterminate prison sentence. The length of time criminals are sent to prison for has increased, with the average custodial sentence in Crown Courts rising by 25% between 1995-2005. More people are being sent to prison than ever before. This means that overall, there are 40% more serious and violent offenders in prison than in 1997. Since 1997 the prison population has increased from 61,467 to 81,016 on Tuesday, a record high.
Nationally, and thanks to the efforts of the police and the wider CJS crime is falling. There are 5.8m fewer offences than in 1997. But we know we need to do much more. And we have been working intensively with some of our most deprived communities, where crime and disorder are highest, to reduce crime still further.
Early indications show that this work is making an impressive impact and crime is falling at twice the rate in these areas than the national average.
In part as a result of this considerable progress in tackling crime the prisons are under unprecedented strain.
We must be honest about the problems we face and we must be pragmatic in how we respond.
Of particular concern to ACPO, clearly, is the use of police cells in Operation Safeguard. And on Tuesday I was able to confirm to Parliament your on-going cooperation in providing further police cells where necessary.
I recognise that the use of prison cells is a problem - and I appreciate the operational pressures that giving up your cells may cause.
But it is absolutely essential to the functioning of the entire criminal justice system that we take steps immediately to ensure the public remain protected from those who pose a threat. It is a necessary step - and a temporary step - if we are to give ourselves the room to implement a longer term strategy for our prisons. Operation Safeguard, through necessity, will continue until the end of the year at the latest, when sufficient new prison places have come on stream.
The cooperation and support shown by ACPO over the past few days and before, has been and continues to be utterly invaluable. For that you have my profound thanks.
Using Police cells is not the solution - clearly. On Tuesday I made further announcements of penal policy, to bring about a longer term resolution to the pressures on our prisons.
The Treasury came here to announce new funding for an extra 1500 prison places in addition to the 8000 new prison places that we have already committed to building. I have asked Lord Carter to carry out a wholesale review of our penal policy/prisons building programme. An independent, impartial look at what is required. In looking to develop a strategy for the future we can all benefit from a view that is plainly not politically motivated.
I also authorised the issuing of guidance to prison governors to allow for release on licence for those coming to the end of their sentences. This applies only to those whom the Parole Board determine are not a threat to the community - and does not include sexual or violent offenders, foreign nationals, or those who have broken the terms of release in the past. Those who meet the eligibility criteria may be released on licence up to 18 days before the end of their sentence.
I cannot emphasise enough that this is a temporary measure. And a measure that has been limited to those who pose the least risk.
In the medium term our prison building programme and review of our existing prison estate will substantially increase our capacity. Until such time, we need to maintain some headroom. Temporary home licence, Operation Safeguard and the use of court cells in exceptional circumstances can provide the room we need.
Do you want to give up your police cells? No.
Do I want to have to use police cells? No
When these measures kick in they will allow us to end Operation Safeguard.
In the longer term, our wider penal strategy, of reducing re-offending, reviewing sentence lengths, and making better use of community penalties will help us consolidate the prison population. But until this happens we need to be pragmatic and practical.
Human Rights
This brings me to my third theme this afternoon - human rights. Human rights and the Human Rights Act seem to provoke opposition and opprobrium in equal measure. It is often misreported, occasionally misapplied, and very regularly misunderstood.
Let me give you a couple of practical examples by way of illustration. And let me just make clear - I am not using these examples to criticise the police. If anyone is to blame - blame me.
It is my responsibility and the responsibility of my department to ensure that those who are covered by the Act, understand the Act, and understand how it should be applied.
Firstly, take the infamous Kentucky Fried Chicken episode. It is widely believed and widely reported that a man in Gloucestershire, while evading capture by the police holed up on the roof of a house whereupon he demanded drink, cigarettes, and food - Kentucky Fried Chicken, apparently - from the police who were pursuing him.
A spokeswoman on behalf of the police is reported as saying, and I quote "although he's a nuisance, we still have to look after his wellbeing and human rights".
Two points here. Firstly, it is utter nonsense that his human rights entitled him to KFC on the roof. This was a purely operational matter for the police to decide, whether or not providing him with food would bring about a peaceful and swift resolution to the stand-off. Secondly, and significantly, the incident was reported as the man receiving food because of his human rights.
Second example. In January of this year, Derbyshire police chose not to release photographs of two convicted murderers who had been imprisoned for over a decade and who had escaped from prison. Supposedly it was said, on human rights grounds. The crimes involved were serious: brutal murder. The idea that the human rights of people convicted of such crimes would, should or could prevent the legitimate use of photographic material in the course of trying to reapprehend them is utter nonsense. Not human rights. Not the law. Most certainly not common sense.
Significantly, in this case, as the media row grew I contacted both the Derbyshire Police themselves and the Association of Chief Police Officers, which issues to police forces guidance on a range of issues, including guidance on human rights. Perhaps inevitably, I found that what had been reported to be the position of Derbyshire Police was not, in fact, the force's actual position at all.
Senior officers in the force were able to reassure me that they had not made any such argument about human rights. ACPO said the same. I would like to pay tribute now to both Derbyshire Police and to ACPO for the speed with which they acted to resolve the issue. As a consequence, the right action resulted: the relevant photographic material was released and deployed slightly later the same day.
The point to stress with both these examples is that in no way did human rights prevent the police from taking common sense operational decisions. Were human rights considered, yes but in both cases, they could be instantly ruled out.
The problem arises when the media often wrongly - take hold of human rights as the reason why decisions were or weren't taken.
Partial or inaccurate reporting helps fuel the myth whereby the Human Rights Act forces public authorities such as the police to forfeit their common sense and prioritise the rights of the individual over the protection of the community. This is simply wrong.
Independent police forces taking decisions based on what they know makes sense - independence and common sense are the order of the day.
Contrary to the prevailing media presentation human rights are common sense.
Human rights and the Human Rights Act express our common rights and our common values.
Principles of decency, of tolerance, of freedom, of equality, of respect. The values which underpin the very fabric of our society. The values which are common to us all.
It's my job, and my department's job to make sure people who have to apply, interpret and implement the human rights act are fully equipped to do the job. To make sure that they have proper advice and guidance to do so.
That's why I was so keen to come and speak to you. That's why my ministerial team and I are speaking to police officers, probation officials, healthcare workers and a whole range of frontline decision makers wherever we can about human rights.
It is almost as though the language of 'human rights' has somehow become hijacked by connotations of bureaucracy, political correctness, minority groups, European influence. A myth is perpetuated in the media in particular that does untold harm to the standing and reputation of human rights. It is something that I am determined to address.
We should be proud of our human rights - and we should be proud that in the HRA each and every one of us has a means by which the freedom of the individual can be protected under law. Our common British values.
Conclusion
In preparation for this speech, I spent some time looking at the areas where the Ministry of Justice interacts with the police. From pre-charge, to care of victims and witnesses via OCJR, to working with the courts and the CPS to deliver CJSSS, or enforce court orders, or with local communities, courts, and social services to deliver community justice, through to working with NOMs on the management and supervision of offenders.
It brought home how integral the police are right across the criminal justice system. It also demonstrated how integrated our criminal justice system has become - something that I think we should never lose sight of.
This is a significant achievement - not just of this government, but testament too, to the increasingly prominent role that the police play right across the delivery of justice.
Gone are the days where the justice system was comprised of a set of constituent parts, working in isolation from each other, indeed - and less so for the police but certainly true until recently of the courts - in isolation from the community. Now we have a system in which agencies are working better than ever together - in which the people we serve are playing an ever increasing role - a system that can be greater than the sum of its parts. A system that is respected and relevant, connected and effective.
Soon every community in England and Wales will benefit from Neighbourhood Policing: just as by the end of 2008 every community in England and Wales will benefit from Community Justice.
The principle is the same - identifying and addressing the problems that matter to the public. Providing Local solutions for local problems
In the Ministry of Justice - we now have the institution, and the clarity of political leadership, that can further improve the operation, administration and delivery of justice.
At a local and operational level, the working relationship between the police and the wider CJS is already strong, and will become even stronger.
Now that we have a clearer and more logical structure to the criminal justice system - I believe that we have the opportunity to drive forward the cultural change that will ultimately bring about real improvement's to the public's experience of justice.
Thank you