Know This: Research and knowledge sharing briefing (edition 2)
Our ‘Know This’ briefings are a regular note to alert colleagues to recent discussions happening in the sectors relevant to our work. It is not intended to be an exhaustive list of major changes and developments in our sectors. If you see anything you think needs to be in a future bulletin, let us know at PracticeResearchUnit@interventionsalliance.co.uk and we will include it in the next edition.
Justice Secretary announcement on prison capacity crisis
On May 15th, Justice Secretary Shabana Mahmood, spoke to the media about prison capacity crisis (see here). The announcement saw several major headlines, including:
- UK prisons are at 99% capacity, with no further spaces predicted by November 2025
- The government has secured £4.7 billion to build three new prisons.
- Individuals recalled to prison, who had previously served sentences of 12-48 months, will now be re-released after a fixed term (FT) of 28 days. It is said this measure will free up 1400 spaces.
- However, some cases will be excluded from this measure e.g., those recalled for a serious further offence (SFO); individuals supervised under multi-agency public protection arrangements (MAPPA) Levels 2 and 3.
- It was noted by the Justice Secretary that these measures aren’t a long-term solution, especially given the UK population growth, and a different approach is required.
How is this news being received?
- Whilst CJ organisations are largely supporting this move, many already (e.g., Switchback; Catch 22; User Voice and Clinks) have taken to social media to restate the general problem of recalls and its negative effect on the rehabilitation journey – ‘having to start all over again’
- Clinks’ Response: Changes to recall process | Clinks
- The plans were heavily criticised by Victims Commissioner Baroness Newlove, and the Domestic Abuse Commissioner, Dame Nicole Jacobs.
What IA colleagues can take from all this:
- Though this announcement on recalls won’t necessarily reduce numbers of recalls, it will mean that individuals are released more quickly.
- 15% of people in prison are there because they have been recalled. Of that group, around 75% were recalled because of license breaches and not due to further offences. (PACT have some useful data on this). In addressing the prisons crisis, it is possible we may expect a change in the threshold for recalls, with the related impact on our services, specifically our APs.
- We may see a mixed reaction amongst our partner DA services regarding the 28-days FT recall. This might be one to watch, especially given Dame Nicole Jacobs has now written to the Justice Secretary voicing her concerns (see here).
Supreme Court Ruling on Trans Women: Follow up
There has been a mixed response from organisations following the Supreme Court ruling last month, which defined ‘woman’ in the Equality Act to not include trans women.
- The European Human Rights Commission (EHRC) issued guidance directing employers to ban trans people from using single-sex facilities in line with the gender they identify with – and in some cases, allowing them to also ban them from using facilities corresponding with their birth gender. The EHRC Code of Practice is being submitted to the UK Government for approval in the next few months and there are concerns that approval will mean it becomes law.
- The British Transport Police issued interim guidance stating trans people will be strip-searched by officers of their birth gender.
- However, there has also been significant pushback. The British Medical Association conference of resident doctors condemned the ruling saying that a gender binary “has no basis in science or medicine”. Former judge, Dr Victoria McCloud, the UK’s first and only trans judge, is seeking to challenge the ruling at the European Court of Human Rights (ECHR; not the same as the EHCR above!). Good Law Project are also putting together a legal team to appeal to the High Court for a declaration of incompatibility (to say that the UK is in breach of the Human Rights Act and the European Convention of Human Rights).
- Of relevance to IA, the response to the ruling has been mixed across DA services. Though there has been some support for the ruling, citing safeguarding issues of trans women in women only spaces, several organisations have shared their ongoing support for trans women e.g., Refuge and Oasis Domestic Abuse Service. However, public support from CEOs from similar DA organisations has also seen backlash on social media.
The LGBT Domestic Abuse Research and Practice Network have arranged a meeting to discuss how organisations are approaching the repercussions of the ruling. This is due to take place on Thursday 22nd May. Interventions Alliance will be represented.
Clinks (2025) Report on Working with Neurodivergent People in the CJS
Read the full report here: Working with neurodivergent people in contact with the criminal justice system.pdf
Main findings:
- Neurodivergent individuals are disproportionately affected by the CJS, often facing misunderstanding and inadequate support.
- Barriers to Fair Treatment: The CJS is largely designed for neurotypical individuals, making it difficult for neurodivergent people to navigate legal processes.
- Challenges in Custody & Court Settings: Many neurodivergent individuals struggle with sensory overload, communication difficulties, and anxiety, which can impact their ability to engage with legal proceedings.
Recommendations:
- Embedding Lived Experience: Policymakers should involve neurodivergent individuals in shaping justice reforms.
- Specialist Training for Staff: Police, prison, and probation officers need better training to recognize and support neurodivergent individuals.
- Improved Screening & Diagnosis: Early identification of neurodivergence to help tailor interventions and prevent unnecessary criminalisation.
- Adjustments in Legal Processes: Courts and custody settings should implement sensory-friendly environments and alternative communication methods.
MoJ (2025) Report on the Effectiveness of Reducing Reoffending Interventions
Read the full report here: Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions
- There is a succinct and helpful summary of the key points on Russell Webster’s blog: What works to reduce reoffending? – Russell Webster
MoJ (2025) Evaluation of the Rehabilitation Activity Requirement
Read the full report here: Process evaluation of the Rehabilitation Activity Requirement
Main findings:
- Variation in Sentencing: Courts allocate RAR days inconsistently, leading to differences in rehabilitation experiences.
- Challenges in Delivery: Probation practitioners report limited availability of structured interventions, affecting consistency.
- Barriers to Engagement: Mental health issues, neurodiversity, and language barriers impact participation.
- Monitoring & Recording Issues: Concerns exist over tracking RAR activities, making it difficult to assess long-term outcomes.
- Potential for Positive Impact: When effectively implemented, RAR activities can improve decision-making, life skills, and reduce reoffending.
Recommendations:
- Standardising Sentencing Practices: Courts should receive clearer guidance on allocating RAR days to ensure consistency.
- Expanding Structured Interventions: More targeted rehabilitation activities should be available across all regions.
- Improving Engagement Support: Additional resources to support mental health challenges, neurodiversity, and language barriers.
- Enhancing Monitoring & Recording: Probation services need better tracking systems to assess participation and outcomes.
- Strengthening Practitioner Training: Probation officers should receive specialised training to deliver RAR activities effectively.