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Are Birmingham’s Intensive Supervision Courts successfully turning women offenders’ lives around? Chloe Ashley talks to District Judge Michelle Smith
In June 2023, a groundbreaking pilot scheme began implementing specialist Intensive Supervision Courts (ISC) to tackle the root cause of offender behaviour and cut reoffending rates. The pilot, which forms part of the previous government’s Drug Strategy, was made possible following the Police, Crime, Sentencing and Courts Act 2022, with a statutory instrument laid in May 2023 to launch the scheme.
Pilots have been set up at Liverpool, Teesside and Bristol Crown Courts and Birmingham’s Magistrates’ Courts. The pilot in Birmingham specifically aims to support women who are often in the criminal justice system because of mental ill health, addiction issues or domestic abuse. Ultimately, these innovative courts, and the orders they impose, aim to ensure these women break the cycle of crime, create less pressure on public services and save taxpayers’ money.
District Judge Michelle Smith (DJMS): Candidates are those who would otherwise be at risk of immediate custody. These are women who have underlying issues that drive their offending. In appropriate cases, instead of imposing an immediate custodial sentence, these women are sentenced to an intensive order as a robust alternative. This can be incorporated either as part of a suspended or community sentence. The orders are administered at a women’s centre, where Probation are co-located, and take a unique, multi-agency approach.
An important element of the orders is attendance at monthly reviews within a gender- and trauma-informed environment. This offers the women, Probation and our more comprehensive partners, including Children’s Services and alcohol and drug treatment providers like CGL [Change Grow Live], the opportunity to give feedback on the progress made. These regular reviews aim to ensure accountability and promote compliance.
DJMS: I joined the pilot halfway through the planning stages. A district judge was needed to lead the pilot and handle the cases, and I was fortunate to be chosen to lead in Birmingham. Following this, I was invited to meet with various agencies implementing the pilot which have worked together to create and implement this model. For continuity, all potential ISC cases, namely women over the age of 18 charged with an imprisonable offence, are listed before me or other trauma-informed judges who have received specialist training from the Centre for Justice Innovation.
As a pilot, we have had to be flexible and adapt to issues which have arisen. We have a designated court coordinator who is immensely helpful in helping with the smooth running of the courts and I have also been impressed with the commitment of the court staff. I am also grateful to the Bench Chair for his continued support.
DJMS: All cases involving women who are 18 or over with complex needs, resident in Birmingham and charged with an imprisonable offence, are considered by an ISC judge for ISC suitability. If the offence crosses the custody threshold, it is adjourned for an ISC assessment and PSR [pre-sentence report].
Specially trained probation officers then conduct an in-depth assessment to consider risk, complexity of needs and the programme’s suitability. They perform a specialist risk assessment at the same time so the women do not have to go through the trauma of recounting their history twice. The cases are then listed in the ISC. A specialist team is present in court and supports the women while providing quality assessments to the judge.
DJMS: While the pilot is subject to an ongoing evaluation, early insights suggest that the women are engaging well with their orders and the rehabilitative requirements as part of their ISC sentence. A number have now been successful in gaining employment and continue to comply with the intense nature of the orders. There is a high attendance rate at review hearings, even when the women are in breach.
Participants have also given feedback that the orders are different from standard orders; their intense nature makes the women feel appropriately supported, and importantly, they feel that they are being listened to. We have had a number of women who are complying with these orders when, in the past, they have had a poor response to intervention.
A key success of this pilot is the effective working relationship and communication between all the agencies. There is a meeting held every week where cases are discussed. I have been so impressed with the high standard of work from Probation and the commitment of all the partner agencies involved. 76% of the orders have mental health treatment requirements, which is a significantly higher proportion than with standard orders and evidences the complex needs the women have. These requirements are carefully managed by the mental health team, which adapts a bespoke approach for each woman.
DJMS: There is a high attendance rate at the review hearings, even if the women are in breach of the order and breach proceedings have been initiated.
The reviews are held in a completely separate building in a more relaxed environment, hopefully promoting engagement. It is essential that the women feel listened to while also being held accountable for their progress in the order.
I was pleased to hear feedback from the women in relation to the reviews indicating that they appreciate the opportunity to attend and discuss their progress with me, and indeed, some have said they look forward to coming to them.
An important part of the ISC model is judicial oversight by a single judge, and women are encouraged to take ownership of their orders and the changes required in their lives.
The reviews are designed to be a more informal and relaxed environment to ensure the women can engage and report their challenges, as well as being supported and encouraged when progress is made.
DJMS: There is the power within the Sentencing Act to revoke orders on the basis of good progress or delete requirements. When the women are progressing, the first step is to listen to probation for their views and, if suitable, adjourn the review hearings for longer than a month. This recognises the progress the women are making. The ISC pilots, and having powers of increased sanctions, also focus on privileges whereby the order can be amended subject to the progress made.
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CA: For now, evaluation is ongoing but ISC orders may come to play an important part in addressing offending behaviour driven by otherwise unmet health and social needs.
What is clear is that taking an evidence-based approach to rehabilitating offenders by addressing their complex needs is critical. Instigating the change needed to ensure this approach is adopted will be a gradual process.
While it may seem that progress is slow, it is essential we get it right – not only to put a stop to reoffending and break the ‘cycle’, but also to ensure we make a difference to victims.
Chloe Ashley is a barrister at No5 Chambers specialising in crime. Her work has a particular focus on allegations of non-accidental injuries in children, many of her cases involve specialist expert evidence.
In June 2023, a groundbreaking pilot scheme began implementing specialist Intensive Supervision Courts (ISC) to tackle the root cause of offender behaviour and cut reoffending rates. The pilot, which forms part of the previous government’s Drug Strategy, was made possible following the Police, Crime, Sentencing and Courts Act 2022, with a statutory instrument laid in May 2023 to launch the scheme.
Pilots have been set up at Liverpool, Teesside and Bristol Crown Courts and Birmingham’s Magistrates’ Courts. The pilot in Birmingham specifically aims to support women who are often in the criminal justice system because of mental ill health, addiction issues or domestic abuse. Ultimately, these innovative courts, and the orders they impose, aim to ensure these women break the cycle of crime, create less pressure on public services and save taxpayers’ money.
District Judge Michelle Smith (DJMS): Candidates are those who would otherwise be at risk of immediate custody. These are women who have underlying issues that drive their offending. In appropriate cases, instead of imposing an immediate custodial sentence, these women are sentenced to an intensive order as a robust alternative. This can be incorporated either as part of a suspended or community sentence. The orders are administered at a women’s centre, where Probation are co-located, and take a unique, multi-agency approach.
An important element of the orders is attendance at monthly reviews within a gender- and trauma-informed environment. This offers the women, Probation and our more comprehensive partners, including Children’s Services and alcohol and drug treatment providers like CGL [Change Grow Live], the opportunity to give feedback on the progress made. These regular reviews aim to ensure accountability and promote compliance.
DJMS: I joined the pilot halfway through the planning stages. A district judge was needed to lead the pilot and handle the cases, and I was fortunate to be chosen to lead in Birmingham. Following this, I was invited to meet with various agencies implementing the pilot which have worked together to create and implement this model. For continuity, all potential ISC cases, namely women over the age of 18 charged with an imprisonable offence, are listed before me or other trauma-informed judges who have received specialist training from the Centre for Justice Innovation.
As a pilot, we have had to be flexible and adapt to issues which have arisen. We have a designated court coordinator who is immensely helpful in helping with the smooth running of the courts and I have also been impressed with the commitment of the court staff. I am also grateful to the Bench Chair for his continued support.
DJMS: All cases involving women who are 18 or over with complex needs, resident in Birmingham and charged with an imprisonable offence, are considered by an ISC judge for ISC suitability. If the offence crosses the custody threshold, it is adjourned for an ISC assessment and PSR [pre-sentence report].
Specially trained probation officers then conduct an in-depth assessment to consider risk, complexity of needs and the programme’s suitability. They perform a specialist risk assessment at the same time so the women do not have to go through the trauma of recounting their history twice. The cases are then listed in the ISC. A specialist team is present in court and supports the women while providing quality assessments to the judge.
DJMS: While the pilot is subject to an ongoing evaluation, early insights suggest that the women are engaging well with their orders and the rehabilitative requirements as part of their ISC sentence. A number have now been successful in gaining employment and continue to comply with the intense nature of the orders. There is a high attendance rate at review hearings, even when the women are in breach.
Participants have also given feedback that the orders are different from standard orders; their intense nature makes the women feel appropriately supported, and importantly, they feel that they are being listened to. We have had a number of women who are complying with these orders when, in the past, they have had a poor response to intervention.
A key success of this pilot is the effective working relationship and communication between all the agencies. There is a meeting held every week where cases are discussed. I have been so impressed with the high standard of work from Probation and the commitment of all the partner agencies involved. 76% of the orders have mental health treatment requirements, which is a significantly higher proportion than with standard orders and evidences the complex needs the women have. These requirements are carefully managed by the mental health team, which adapts a bespoke approach for each woman.
DJMS: There is a high attendance rate at the review hearings, even if the women are in breach of the order and breach proceedings have been initiated.
The reviews are held in a completely separate building in a more relaxed environment, hopefully promoting engagement. It is essential that the women feel listened to while also being held accountable for their progress in the order.
I was pleased to hear feedback from the women in relation to the reviews indicating that they appreciate the opportunity to attend and discuss their progress with me, and indeed, some have said they look forward to coming to them.
An important part of the ISC model is judicial oversight by a single judge, and women are encouraged to take ownership of their orders and the changes required in their lives.
The reviews are designed to be a more informal and relaxed environment to ensure the women can engage and report their challenges, as well as being supported and encouraged when progress is made.
DJMS: There is the power within the Sentencing Act to revoke orders on the basis of good progress or delete requirements. When the women are progressing, the first step is to listen to probation for their views and, if suitable, adjourn the review hearings for longer than a month. This recognises the progress the women are making. The ISC pilots, and having powers of increased sanctions, also focus on privileges whereby the order can be amended subject to the progress made.
*
CA: For now, evaluation is ongoing but ISC orders may come to play an important part in addressing offending behaviour driven by otherwise unmet health and social needs.
What is clear is that taking an evidence-based approach to rehabilitating offenders by addressing their complex needs is critical. Instigating the change needed to ensure this approach is adopted will be a gradual process.
While it may seem that progress is slow, it is essential we get it right – not only to put a stop to reoffending and break the ‘cycle’, but also to ensure we make a difference to victims.
Are Birmingham’s Intensive Supervision Courts successfully turning women offenders’ lives around? Chloe Ashley talks to District Judge Michelle Smith
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