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Conference Report

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Veterans in the UKCriminal Justice System

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Veterans in the UK Criminal Justice Conference

Conference Report

Contents Page1. Conference Report Prologue - Graham Hill 32. Foreword 53. Hosts 54. Conference Chairman 55. Rt. Honourable Stephan Philips QC 66. Jehanna Hulsman, Netherlands Criminal Defence Lawyer 77. Mark Darby, CEO, Alliantist 88. Conference Workshops 99. Veterans and Families Case Studies 910. Concluding thoughts 1011. List of Appendices 11

1. “ How to reintegrate former Ex-Combatants back to Society without any troubles, Dr. Elmar G. M. Weitekamp 122. The complex nature of Victimology, Jehanne Hulsman 143. Specialist Veteran Treatment Courts Logical Framework Outcomes 21 4. Veteran Treatment Services – A strategy for the UK Logical Framework Outcomes for groups a, b and c 225. Veterans Education, Training and Employment Services Logical Framework Outcomes 256. Veterans Task Force Coalition Register 267. Veteran Conference Evaluation Survey Report 298. Veteran Conference Testimonials 339. HMCTs and Department of Health Diversion Programme Fact Sheets 34

This report is the copyright and intellectual property of B&D Justice Consultants Limited © 2014.This report cannot be used, quoted, published or reproduced without written permission from B&D Justice Consultants

Limited. Any breaches of this statement will be referred to HM Intellectual Property Office [email protected]

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Prologue

Coming HomeWe leave no one behindFeedback from the Veterans Conference on Monday 30th June

Prepare & make readyI have to say that I was shocked at the number of charities and organisations that exist under the veterans banner and at the amount of unchecked spend involved. It appears to me that something quite radical needs to happen to change the fragmented and inconsistent system that now exists. Here are a few of my thoughts. Some of which may be difficult to deliver but never the less they all keep the welfare of the Soldier and their families at the center of everything.

Drive Out The ComplexityI believe the first task should be to drive out the complexity that presently exists in the system. Complexity is the enemy of progress and change.

We Are All Individuals Every case is individual & requires each individuals specific needs to be considered.“Life before The Soldier.” “Life as the Soldier.” “Life after the soldier.”

Help and support should be built around something that really matters to each individual & provides them with a renewed sense of worth.

Two Areas of Consideration.Two channels of spend

CAUSE

preventative

Educate & inform.Prepare and Make ready.

Where possible this should include familyand friends.

Create a Homecoming brief that explains P.T.S.D. & gives clear and simple advice on how to help

those suffering from it.

Also Contacts and mentors etc.

EFFECT

remedial

Real Welfare support from understanding and well trained people.

Individuals, not institutions sit at the Heart of all support programmes.

Before any soldier who has experienced combat returns back into Civilian lifewe must find what is that individuals best road to recovery.

No one is exactly the same.3

Who will take up the challenge & become aREAL LEADER?

The present situation needs a radical and unique solution.

Something that utilizes & embraces the training and the skills that the military gave everyone.

Something that creates a sense of belonging & a renewed sense of worth.

For example why couldn’t we have a number of Community Task forces that respond to emergencies or special times of need ? Large sporting events Flood alerts etc?

Create training centers where the trainers are skilled ex forces people .

Conference Report Prologue - Graham Hill

This report is the copyright and intellectual property of B&D Justice Consultants Limited. 4

B&D Justice Consultants Limited are pleased to present the report into the Veterans in the UK Criminal Justice Conference – hosted by Tottenham Hotspur Foundation on 30 June 2014. This report contains contributions from guest speakers, workshop facilitators, delegates and, most importantly, the veterans and their families who shared their very own personal testimonies. The directors of B&D Justice Consultants extend a heart-felt expression of gratitude to our partners who collaborated in the planning and delivery of an international conference highlighting issues for veterans in the UK Criminal Justice System. The conference has laid the foundations for identifying and overcoming the challenges that beset those most affected by the transition of leaving military life into a diverse multinational civilian society.

Veterans in the UK Criminal Justice Conference Foreword

Welcome to Tottenham Hotspur Football Club and its charitable arm Tottenham Hotspur Foundation. The foundation has been in existence since 2006 and has completed over 3000 health checks for men living in our 5 local boroughs where inequalities very much exist. We also offer foundation degrees for local students and now oversee 44 projects within our local community. These programmes offer people insight into community football clubs and help us to understand the issues affecting veterans. Tottenham Hotspur Foundation has a very successful veteran’s education, training and employment programme; and aims to get other premiership football clubs involved. Thank you again for attending today’s conference and I hope you enjoy the day. Grant Cornwell, MBE

Tottenham Hotspur Foundation CEO

Hosts

This is my story from 32 years ago starting with the Falklands war. 48 men were killed in the Saint Galahad incident. A catalogue of things went wrong that day! I was hospitalised for 5 years. I joined the army at 16. I lost friends during tours of duty. After receiving my injuries I was told that I was totally unemployable! There were no solutions to deal with my demons. No one came forward with a plan to deal with my situation. I and many others campaign for change. Veterans are risk takers! They challenge themselves. No excuses are needed. Punishment and rehabilitation is required and not to be lambasted by the situation. Mental health problems exist that are service attributable and associated with not leaving the armed forces by our own desire. We have to find a way to treat these people! This conference can initiate a start to bring new ideas and work on existing ones.

Simon Weston, OBE

Conference Chairman


“The issues facing veterans are two fold, in that proactive measures need to be taken to rehabilitate upon discharge from service as a proactive measure. Secondly – a structured

approach needs also to be taken when veterans come into contact with the criminal justice system. Both involve very similar approaches to enhance resettlement offerings like those being

delivered in Doncaster prison via the PBR through the gate pathfinder. Having the flexibility to tailor the resettlement offering to embracing wrapped around a range of available bespoke

interventions is key to an individualised and congruent plan of support”.

Peter Jones, Catch 22 HMP Doncaster (Conference delegate)

Veterans need to be part of public service roles and deserve more. Veterans must been seen as constructive contributors. We can find a better way forward. Justice and rehabilitation that is valuable to families. For example – my own mother failed to recognise me when I first arrived back from the Falklands. The more we try to achieve for the veteran the better. They have given everything. A veteran’s military service does not equate to working in an office. We are dealing with lots of veterans with flawed decision making. Why should we abandon them? Let’s stop them going to prison and being a burden on society. Let us find a way forward together!

Thank you for the invitation to speak on behalf of the government’s independent review into veterans in the criminal justice system.I will outline the stages of the review and the emerging themes.I will outline these are as follows.

• Offender Management Bill Amendment 2013• Veteran Prison Population is reported as 3.5%• Veterans Courts now removed as a term of reference for the review• Advisory Council has been created for the veterans review• Lord Justice Judge and Lord David Ramsbottom are specialist advisors• 50 written submissions have been received for the call for evidence• Oral submissions are ongoing• A meeting will take place with the advisory council during the parliamentary summer recess• Reporting into the veterans review will take place in October 2014

Rt. Honourable Stephan Philips QC

Simon Weston, OBE (Continued)

“Practice and evidence from the US suggest that court-based interventions can be an effective way of diverting veterans who have offended away from the criminal justice system and into treatment and appropriate services. There is support and scope for a veterans-centred court-based pilot project in the UK. CJI would like to engage with other partners to help move this forward”.

Peter Jones, Catch 22 HMP Doncaster (Conference delegate)

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I will now cover the emerging themes that provide us with a tighter focus to the inquiry. • Ask the question of the suspect or detainee whether they have been previously employed by the British armed forces at the earliest opportunity – Find a way of drawing out base line information• Veteran treatment provision is patchy! There is little training for practitioners who are working with ex-military personnel• Policy must be based upon evidence – best practice leading to evidence base is required• Self- identification by veterans has been considered – this is a point of agreed terminology • There are pockets of best practice – There is a need for someone in the MOJ to lead on this matter• Support is required from statutory agencies and military charities. Veterans are not getting access to these services• Mental health problems and substance abuse amongst veterans is deserving of a strategic response from statutory agencies• Early military service leavers are disproportionately entering the criminal justice system• The veterans review is a real opportunity to correctly treat ex-military personnel in and out of the CJS

I have been invited to present the work of Dr. Elmar Weitekamp from the institute of Criminology at the University of Tubingen, Germany. I do not have an English accent so forgive me if my language is difficult to understand. Well here we go…

Notes for the reader: Dr. Elmar Weitekamp’s paper on social bonds can be found at the back of this report and marked as appendix 1. Jehanne Hulsman has kindly added an additional paper not presented at the conference entitled the Complex Nature of Victimology cited in this report at appendix 2. Some of the themes however in Jehanne Hulsmans’s paper were examined in her discourse with the conference delegates following her reading of Dr.Weitekamp’s paper on veterans and social bonding theory.

Jehanna Hulsman, NetherlandsCriminal Defence Lawyer

Rt. Honourable Stephan Philips QC (Continued)

“Early identification of risk is critical. However, the vast majority of assessment is based on social situations (which are needed) yet little attention is given to the wellness and transition capacity from a value based judgement capacity and the mental and behavioural barriers to performance. We do this!”

Robert Coulthard, Judgement Index UK Ltd (Conference delegate)

“ I am the founder of St Highground and very willing to use the work of the charity to help to champion and practice the transferable skills and positive experiences which ex-service personnel offer to potential employers “.

Anna Saker Cresswell, Highground (Conference delegate)

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Alliantist Community Interest Company has been working with Probation Trusts and several Police Forces for a number of years. 71% of public service workers experience barriers to sharing information where it is a critical part of their day to day work. Up to 90% of information security breaches are from paper based systems. So what is the evidence for these views? Two schools of thought exist. These are the rational perspective and factors inhibiting change

Mark Darby, CEO, Alliantist

“Some veterans offend, some don’t” Why is this? Do we know enough about the veterans to make an informed judgement. Currently all views are from when the Soldier joins the service,

what do we know about their life before that? Is there a link to those that do offend? What’s the background, childhood, home etc….Could some offending be prevented?

Simon Weston OBE (Conference Chairman)

Pam is a powerful cloud system. It enables you to share information and benefit from new ways of working in a secure trusted information system.

It is not about the technology – it’s about doing what it takes to bring about change for the better. Pam can be the catalyst for change and each level of engagement is about the philosophy driving success.

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• Specialist Veterans Courts - • Veteran Treatment Services – A Strategy for the UK

• Veterans Employment, Training and Education Services

Three workshops were delivered by Kathryn Nichol, MoJ, Joy Coles, HMCTS, Matt Fossey, Anglia and Ruskin University, Mandy Bostwick and Paul Darby, B&D Justice Consultants and Colin Back and Fergus Williams, Regular Forces Employment Association . The outcomes from each workshop are recorded in the Logical Framework Approach (LFA) Matrices listed in the report as appendices 3, 4 a, 4b ,4c and 5. These form the headline proposals, plans and logical methods through which services to veterans and their families within the Criminal Justice System can be improved.

Veterans and Families Case Studies:During the afternoon of the conference four speakers gave their personal stories. Firstly, a medic provided her story of how she began to struggle after 20 years in the service. She provided a MOD video so that the audience could visually engage with her role in the Royal Air Force. She reported beginning to experience feelings of anxiety, depression and experiencing traumatic vivid dreams. Her marriage broke down and she lost her home. She described how she was referred for EMDR and Cognitive Behavioural interventions, all of which did not work. No other alternative treatment was offered to her. She reported that she is currently on sick leave from the forces and because she has not been given her discharge papers yet, she cannot secure further assistance from Military charitable organisations. She reported that there is currently no help available for her at this time.

Conference Workshops

“I feel that there is a general lack of understanding to entitlements by both veterans and professions with regard to the access to services. There is so much that is available but very

little in the way of making it easily accessible. Often it is found that only at the point of entering the CJS that information is provided and services accessible”.

Pete Cooper, Catch 22 (Conference delegate)

The second speaker was the step-mother of a veteran that is currently in prison in Basra, IRAQ. She reported that her step son had left the Armed forces and worked at several jobs whereby he had been involved in minor scrapes. She reported that he was experiencing symptoms of PTSD and he would engage in ‘surveillance’ type behaviours including hiding in wheelie bins, whereby his father had to repeatedly coax him to come out. She reported that he began work for a private security company and he was returned to IRAQ and later arrested for murder. She reported that he is currently being held in prison and that the Armed Forces should ‘help’ soldiers more. She also stated that families should be made aware of PTSD and the signs and symptoms to look for. The family have tried everywhere to get help and also to enable the repatriation of her step-son to serve his sentence in the UK. Nothing has been achieved to date. She made a plea to the audience to help if they could

“The families of veterans should also have support when issues are identified. Knowing/Recognising the signs and understanding what is happening to their loved one might prevent the break-up of the family. Mechanisms for signposting to support would be of great help. It might also help to prevent offending if help was sought sooner.”

Joan Boyd (Spectrum Scotland Invisible Injuries) (Conference delegate)

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The third veteran speaker detailed how he flew through his basic training, served in Northern Ireland and later Iraq. He reported how his mother began to note a change in his behaviour. However, he felt that there was ‘nothing wrong’ with him. He detailed how he and his colleagues broke down in a vehicle in Iraq and tried to bump it to restart the engine. They noticed a ‘black shadow’ appear and they all put their hands in the air. He described how they were walked into the desert whereby 10 to 15 men came and walked them off into the night. They were taken to a heavily guarded tended area and led in at gun point. After approximately an hour and a half, of questioning, it was established that they were Egyptian troops who were allied forces and therefore it was safe for them to leave.

He explained that after he left the armed forces became involved in the drug smuggling trade and in due course arrested and later sentenced to 10 years imprisonment. He reported that he completed ‘courses’ in prison but he was of the view that there was ‘no rehabilitation in prisons. He was diagnosed with PTSD in 1996 but psychiatric interventions did not work for him. He experienced nightmares and flashbacks but after engaging in volunteer work he secured a job as a mentor with young offenders attending a premiership football club programme called ‘Inside Out’ at Everton and is proud of his achievements.

“A national telephone number available for ex-Service manned by Ex-Service. Each operator having access to a national database of services listed geographically to sign post callers to as

appropriate. MOD taking responsibility making services available after each visit to a “theatre” making the debrief (assessment) part of the process as a whole therefore ‘normalising’ the

assessment and having the opportunity for early intervention when an issue arises.”

Jacky Campbell (Spectrum) (Conference delegate)

Concluding thoughtsThe report into the veterans in the UK Criminal Justice conference showcases the will and capabilities of a Government review, policy makers, practitioners, ex-military personnel and their families galvanised with an intent to transform the services for veterans at the post arrest, and those prosecuted and sentenced to custody or made subject to community supervision. The guest speakers provided persuasive arguments and detailed aspirations of why change is imperative to reverse the trends of both early and commended military service leavers becoming disproportionately represented in the criminal courts. Access to treatment for suffers of PTSD and its availability through the veteran’s contact with the extensive range of military charities remains a contentious issue that can only be reconciled through a unified cross governmental departmental alliance responsible for governance and kite mark quality registration, that drives efficiencies through a tight regulatory framework for veteran services. The veteran’s conference also gives rise to the creation of a national coalition of stakeholders to act as the operational and delivery arm for advocacy, reform and innovation. Policy reform based on research is needed to develop a national strategy. B&D Justice Consultants commend this report to the delegates of the Veteran’s conference.

“I believe that if a programme could be introduced to the MOD whereby when servicemen/women leave they are about to participate in (as part of their transition to city street) programme to change potential negative behaviour before it happens. Just a thought.”

Lee Hayward (Save our Soldier) (Conference delegate)

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1. “ How to reintegrate former Ex-Combatants back to Society without any troubles, Dr. Elmar G. M. Weitekamp2. The complex nature of Victimology, Jehanne Hulsman3. Specialist Veteran Treatment Courts Logical Framework Outcomes4. Veteran Treatment Services – A strategy for the UK Logical Framework Outcomes for groups a, b and c5. Veterans Education, Training and Employment Services Logical Framework Outcomes6. Veterans Task Force Coalition Register7. Veteran Conference Evaluation Survey Report8. Veteran Conference Testimonials9. HMCTs and Department of Health Diversion Programme Fact Sheets

List of Appendices


Elmar G. M. Weitekamp - Institute of Criminology University of Tübingen, Tübingen, Germany

Please do not cite or quote any portion of this paper without permission of the author!

“How to reintegrate former Ex-combatants back into Societywithout any troubles¨

Some new ideas and a possible Research Strategy

For the longest time criminologists have in their attempts to explain the causes of Crime and Delinquency developed all sorts of theories which try to explain why juveniles commit crimes and engage in antisocial behavior. In 1969 Travis Hirschi challenged this view. In his groundbreaking study “Causes of Delinquency” he argued that instead of looking at causes of Crime and Delinquency we should focus our attention on why people show conforming behavior, since everybody would commit crimes and/or engage in antisocial behavior unless there exist bonds which keep us behaving and conform to laws and customs. In his control theory Hirschi developed a social bonding theory which encompasses four aspects in life: family, school/work and peers.

As key elements for his social bonding theory Hirschi identified attachment, commitment, involvement and belief:

Sensitivity to the opinion of others is at the heart of attachment. Hirschi considered commitment as the calculation to engage for the conventional order or, in other words, the rationale that they will contemplate the consequences before acting. Involvement refers to the fact that people who remain busy in conventional activities have no time to engage in unconventional activities. And belief stays for the fact that people grow up with certain common beliefs and that the stronger they believe in conventional values the less likely they will engage in delinquent and deviant behavior. Hirschi tested his theory with a large sample of juveniles in California and found empirical support for it. Social bonding theory was tested after its introduction quite often and the results can be considered mixed. In summary it can be said that the social bonding theory could be supported by quite a few empirical studies. However all of them were cross-sectional studies and only lately the elements of the bonds were tested in longitudinal studies and over time.

While bonding theory was originally designed to explain juvenile delinquency and deviance it is here argued that one can easily apply this theory to adults in general, and to former ex-combatants in particular. The goal should be to find a basis to test how integrated people are in society. Ideally one would design as study before soldiers are sent to a conflict situation, test them at that point, then test them again while in the country/area of conflict and finally again after returning to their home countries at various points of time. A kind of study like this was proposed by this author to the German Ministry of Defense before they sent German soldiers to Congo for keeping peace in that country during elections. The Ministry of Defense rejected this proposal with asserting that they are already very well equipped to handle problems with their solders sent to such missions or violent encounters.

Our argument here is that one should evaluate former ex-combatants after returning home with an instrument based on the elements of attachment, commitment, involvement and belief, and then one could see how well these people are integrated into society; and if they are developing any serious problems such as post-traumatic stress disorders as one of the worst forms of behavior ex-combatants can develop.

Appendix 1

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Given the fact that Hirschi´s bonding theory was later further developed by him and Michael Gottfredson and also empirically tested, we can assume that there exist many tools as how to test the crucial social bonds preferably in a longitudinal design on ex-combatants.

A Berghof Foundation report by Dudouet, Giessman and Planta (2012) looked at how combatants can be transformed into peace-builders capable to take over constructive roles after a violent conflict. Their report focused on three major dimensions:

1. Inclusivity emphasizes on the need for multi-partial constructive dialogue and peacebuilding engagement with all key conflict stakeholders who have the effective capacity to either impede or promote constructive social change. Especially members of rebel movements are often included in this context, men, women and youths who are immersed in their communities, and comprise of fighters in arms as well as political cadres, logistical support personnel and a broader constituency of sympathizers and family. Consequently, socioeconomic facilitation should pay attention to divergent needs and aspiration within and between armed groups, and should use community- based approaches to reintegration.

2. Participation refers to the fact that while mechanisms that help to improve the legitimacy of political and security transitions, participatory approaches guarantee their sustainability. This second dimension shifts the focus from “with whom to engage to “how to engage”. It calls for strategies that place a strong emphasis on the empowerment of local stakeholders, assuming that they will feel strongly committed to a transition process if they feel that they are centrally involved in driving it. One should consider former combatants as peacebuilding partners rather than mere recipients of reintegration assistance or as spoilers to be disarmed and demobilized as quickly as possible.

3. Comprehensiveness proposes security transitions as holistic or systemic processes by embedding DDR and SSR programs into their political, social and economic contexts. There exists recent awareness about the fact that DDR (disarmament, demobilization and reintegration) and SSR (security sector reform) are mutually dependent and are in turn heavily conditioned by their broader political environment.

While the Berghof study focuses more on situations in countries and situations where we have rebel forces or former ex-combatants as well as child soldiers involved in countries of transition with usually a bloody history, one cannot translate these dimensions one to one to the situation of ex-combatants returned to their peaceful home countries; one can only transfer easily some of the ideas in to the situation of ex-combatants and here into the context of bond theory. Crucial seems to be that approaches to reintegrate ex-combatants are holistic and work closely together with the communities and all stakeholders in the process of overcoming the experiences in the war and related problems, while social bond theory delivers the right instruments to give us a hint on how well ex-combatants are integrated in their families, workplace, leisure time activities, church as well as their communities.


The complex nature of victimologyJehanne Hulsman

Introduction

The first time I remember meeting Gerd Kirchhoff, it was in the context of Dubrovnik, at the postgraduate course in victimology in a very special and dear environment. I was invited by Elmar Weitekamp to commemorate my father Louk Hulsman who had taught many years in this course and was very respected and appreciated. Gerd can be very stern and very endearing, depending on the circumstances. He has taken the role of the guardian/keeper of the scientific quality of victimology, to ascertain that it’s role is respected and taken serious as a science. To regard victimology, as a science is in many aspects important, because it means the possibility of research, it means publicizing and it means recognition on the level of universities on a worldwide scale. It means that many students also become aware of the aspects important in victimology, otherwise often marginalized in other sciences.

Since victimology is a relative new science, it is still developing, open to change and in my encounters in the Dubrovnik course, one of the aspects that kept me most interested, is the program of interdisciplinary participation of professionals and professionals to be. One can find as participants social workers to be, policemen in the process of schooling, professionals in the area of criminal justice, I remember fire fighters, sociologists and I remember one time there was even a student in art, participating. Presentations in Dubrovnik are given in historical context, the context of criminology, sociology, criminal law and of course in the specialism of victimology itself.

In fact investigating the science of victimology means one is investigating a myriad of societal problematic situations, diverse in complexity, in size and impact.

Problematic situation and (professional) reactionsIn this article I would like to touch upon some aspects of victimology, in the hope to open up discussions that in my opinion are always needed, on the use of (professional) language. I also want to tell a story and put that in the perspective of possible reactions to the problematic situation depicted in the story. I want to do this in relation to institutional reactions towards problematic situations like criminal law and other reactions as proposed by victimology, like restorative or transformative justice.

I will start out by making a small introduction into the area of the use of professional language. After that I will tell the story of a problematic situation. After the story I will analyze possible responses to such a situation and depict the problems that one encounters in all the different professional fields. After that some attention will be given to the angle of possible approaches that victimology proposes in regard to problematic situations in relation to other professionals fields and their reactions to a similar situation.

Language

One of the basic problems with the framework of any kind of science or profession starts with the use of science related language, professional language and the meaning attributed towards keywords within the context of that science or profession. The problem is, that words used within a scientific or professional framework, often have a different meaning within that context than within everyday life. Another problem is that even within the specific scientific field of science, not everyone professionally involved will agree on the meaning of keywords, even within that context.

Victimology is a relative new field of study that has started out in a context strongly related to criminal justice. Therefore it is understandable that words being used within the context of criminal justice have mainly been accepted within the context of the science of victimology. If any justice is to be done to problematic situations, it would be very wise to be aware of the use of systemical, institutionalized language and the impact it might have in such a situation. To get a true understanding of the use of professional language and the possible consequences of that use, I advise everybody to read the account Victor Klemperer gave on the change of language during the rise and reign of the Nazi regime in his book LTI (Lingua Tertii Imperium). The use of language in the context of criminal law has a strong connection to the lessons to be learned from Victor Klemperer’s book. Dehumanizing persons in a process of any kind by institutions, will not help to find a lasting solution to reoccurring societal problems. Often there is an unwanted simplification of a situation, in an effort to make the setting manageable for the organizations involved. But simplification will not do justice to the complexity of the problematic situation for the actors involved, not for the actors labeled as victims and not the persons labeled as offenders.

Appendix 2

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Let us look at the example of the use of the words crime and criminal.

To be precise on the issue of what crime is, we will also have to define the meaning of the concept of crime and the concept of a criminal. Wayne Morrison defined :

• Crime is some action or omission that causes harm in a situation that the person or group responsible ‘ought’ to be held accountable and punished, irrespective of what the law books of a state say.• Crime is an action against the law of God, whether as revealed in the holy books, such as The Bible, Koran, or Torah, or that we instinctively recognize as against God’s will, irrespective of what the law books of a State say. If the State lawbooks allow something that we know to be against God’s will this does not change its status—it is still a crime.• Crime is an act or omission that is defined by the validly passed laws of the nation state in which it occurred so that punishment should follow from the behavior. Only such acts or omissions are crimes.• If there is no public authority capable or ready to police social activity and punish offenders, then there is no crime. Crimes and criminals only exist when a public body has judged them such according to accepted procedures. Without the State and the criminal law there is no crime. Without criminal justice systems there are no criminals.• Crime is an irrelevant concept as it is tied to the formal social control mechanism of the State; deviance is a concept that is owned by sociology, thus our study should be the sociology of deviance, rather than criminology.

Morrison continues to discern at least four frameworks in which we could place the concepts of crime mentioned above: (a) crime as a social construction;(b) crime as a product of religious authority/doctrine;(c) crime as a reflection of nation-state legality;(d) more recent concepts beyond the nation-state derived from social and political theory

In the limited framework of this article it is out of balance to enter more deeply into this matter, but it becomes clearer, that crime is not so easy to define, as also illustrated by the following arbitrary examples:

• Someone helping people across the border from east to West Germany was named a flucht hilfer. This label came from the side of West Germany, where such a deed was seen as positive and heroic. Clearly from East Germany the same action was seen as a crime, and people trying to help others to cross the border could be shot on the spot. • Hiding Jews in the Second World War was considered to be a crime in the occupied Netherlands. Nowadays in Holland they are considering to accept a law stating that a person that does not have a legal status to reside in the country, will be a criminal, therefore punishable, because he is illegal. Even people harboring these ‘so called illegals’ will be punishable, if that law will be accepted. • The new anti squatting law in Holland makes anyone a criminal that spends time in a house of which the lawful owner has ended the use. Your mere presence, can lead to a month of prison sentence, if tried and convicted.• People are being criminalized for actions that were in another time completely legal. At one time and in some forms even in our nowadays-western society, slavery was legal.

Criminals are often portrayed as people that have trespassed on any legal code of that particular territory and time. Any criminal justice code can result in highly esteemed people, being defined as criminals that spend considerable time in jail or even were executed within a legal framework, like for instance Jesus, Mandela and Gandhi.

Dawn Roth has proven that the scope of looking at problematic behavior should be extended to behavior of states. For reasons used here, using the word criminal without giving the exact circumstances of the situation leading to the application of this label, creates the danger of being highly inaccurate or it can result in the label being based on one-sided or/and false information. Even if you would consider someone a criminal if that someone has been caught in the processes of the criminal justice system, you still don’t know the status of that person, for one cannot yet know if the person called a criminal, was convicted or just a suspect.

And if the person was convicted, it is not so easy to know in which context that person has been convicted. Was it in a fair trial in a democratic state? Was it a type of state that does not favor certain groups in society? Was it in a state that does not particularly prosecute certain vulnerable groups in society? Was it a conviction in a state that gives

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equal opportunity to leading a humane life to it’s citizens, regardless of age, gender, sexual preference, religious background and any other factor that might be deemed deviant or diverse? Was/Were the prosecution and/or conviction done by a criminal justice system (CJS) that was in balance with checks and balances, like the division in the trias politica? Was it a CJS capable of being fully democratically monitored? Was there a fair chance for the defense? Was there enough time for a fair trial? Did the judges belong to the same peer group as the accused? One would need to know all of the above-mentioned factors, before one could think, speak or write about crime and criminals and by using that label without first asking those questions, one would run the risk to judge a person, lacking the necessary knowledge to be able to do so.

Louk Hulsman states in Critical criminology and the concept of crime that we consider criminals as a special category of people and that in the conventional image criminal conduct, is the cause of criminal events that would be exceptional and as events would differ from other events, that are not defined as criminal. Hulsman states that there is no ontological reality of crime. The definition of crime as perceived in society and in the public and political debate, is a result of the criminal justice system. ‘Crime is not the object, but the product of criminal policy.’

Therefore it is better never to use the word crime, criminals or offenders but instead to describe the situation or the actors involved if you want to share knowledge or ask questions. You can use the term problematic situation instead of crime and actors involved in a problematic situation instead of victim and criminal. To avoid any unwanted secondary victimization I propose to avoid using the words crime and criminal.

Problematic situations

The field of science called victimology is designated to research certain aspects of problematic behavior that has resulted in creating damage to humans or groups of humans. I will refer in this article only to humans for as far as I know, there is not yet a branch of victimology dedicated to animals that have been victimized…

To draw a picture of the complexity of an event, in which a label like victim and offender or perpetrator might be used, I strongly favor to use a real life example. The danger is scientific or professional debate is, that it tends to get highly theoretical and in the process of theorizing complex, real life situations, tend to get simplified. Complicating factors that deviate in different circumstances are left out, because it saves time and money and in regard to those two they’re seemingly unimportant. But the importance of circumstances depends on the role of the actors involved and the goal of the argument…

Since it is likely that I have more ins and outs on a story that I myself have experienced, I will tell that story in the form of a third person fairy tale (fairy tales can be slightly disturbing, cruel and instructive) and than explain why the usual portrayal of such a situation in other professional fields, will mostly lead to unwanted simplification. After this analysis I plan to explain why victimology has a far better chance of being and staying a science, that relates to actual events and the involved parties, than other sciences like for example criminal law and criminology.

A story

Once upon a time, there was a young woman that had music as a strong presence in her life, but since it was never easy to actually live as a professional from music, she had agreed to take a role as guardian and information person, in a park where an exposition of modern sculptures had been arranged. She was a young woman in the early twenties. Everyday she spent in the middle of a beautiful park and lots of nice meetings with visitors occurred. She started to understand the rhythm of the park and usually provided tea, music and conversation in the afternoons. One late afternoon, at the time the park was mostly deserted, a group of young men came into the park and started to hassle the animals and threaten to harm the sculptures. Since she had never been afraid, she stormed out of her cabin and confronted them. She noticed, when she got closer, there were signs they had been in a fight. Small bleeding wounds, bruised knuckles, sweat, excitement. Somewhere inside of her a little voice warned her that maybe it was not so wise to confront them in this manner, all alone.

Since she was already there, she denied the voice (in such a situation it is also not very wise to turn back) and continued to tell them that they should stop this behavior. Two or three guys turned to her and told her they hadn’t done anything that the culprit was someone else. The leader of this group however, felt challenged in his leadership and started towards her. He started to hassle her and told her alternatively that he would rape her, kill her, leave her in the bushes and asked her why she didn’t want to have a relationship with him. She did not think it wise to go into either part, but asked him why he was doing what he was doing. When he started to struggle with her, she felt some panic inside, because she had no experience in fighting and felt very vulnerable physically. She kept talking

16

as they walked towards the cabin, half struggling. When she locked the cabin, he took that as a sign of mistrust and threw a brick through the window, turned to her and asked her ‘ why don’t you walk away?’.He was right, she thought, staying there would only escalate the situation, time was not on her Side. But walking away meant turning her back to him and making herself more vulnerable. She decided to walk away, but not run, because that would certainly be making her a prey.

As she walked away, she cried, because walking away from the place she should take care of and had come to care for, felt as a total defeat. She felt she had lost, had failed.She went to a neighboring house to ask for help, where the people called the police. Some of the boys had killed several small baby ducks and damaged some sculptures, but as it turned out they had been regular visitors, that more often had done harm in the park. The police wanted her to file criminal charges, but she refused, stating that that would be exactly what they expected and the encounter had obviously surprised them, so she didn’t want to do the obvious.

She wanted to improve the situation and make a difference. She was scared though and considered how to proceed with her own affairs. She decided that if she didn’t go back to the park the next day, she would stay scared. So she went back to the park the next day, but she took along a dog, that she borrowed. That day they didn’t come back, nor the day after. In fact they didn’t come back at all. Since her feeling of lack of courage and her underlying fear had made an impact on her, she took a course in self-defense and found out that she liked fighting, if it wasn’t for real. She felt stronger and more confident.

Reactions within the context of the CJS

Within the context of the CJS, this problematic situation would only surface if a criminal complaint were filed. In this case it wasn’t. In most cases criminal charges are not filed for various reasons. Let’s though, for the sake of argument, see what could have happened if a criminal complaint had been filed.

Media

Highly likely there could have been a little editorial in the local paper the next day, like ‘ Young woman threatened by local gang, in park.’ Every day in Holland there is a department of the police that gives out press releases. The press usually prints these releases exactly as they are handed to them. It is only the version of an incident, as the police present it. If, as a journalist, you phone them to try to get the name of the people involved, you will not get them, for reasons of privacy.

Criminal complaint

As the victim of this problematic situation, she would have to go to the police station and spend probably several hours there, for the construction of the criminal charge. She would have to give a description of what happened, within the framework of a criminal charge. That means the police will have to decide which part of the problematic situation could be labeled as criminalisable behavior. It would mean that within this criminal complaint, there would have to be a description that could prove criminalisable behavior like threat, destruction or/and abuse.

Abuse as a criminal charge would be hard to prove, since there were no bruises to show for physical abuse. It would be one testimony of the victim, opposed to the many other declarations that would most likely be denying abuse. Destruction, as a criminal charge, might work since there was the evidence of a broken window. But there still would have to be sustaining evidence, who had broken the window, apart from the evidence of her criminal complaint, stating whom she saw as culpable of breaking the window.

Threat as a criminal charge would not be easy to prove either, because one would have to know exactly which words were said and under which circumstances they were said. There are very few reliable witnesses; in this case there might be many witnesses that would probably deny any threatening words said as opposed to the criminal charge of the victim.

But let’s suppose, for the sake of this example that the police decided to investigate the case. The next problem would be how and if they could find the suspects. No names were provided in this case, since she did not know the young men.

Maybe in the police database there was a registration of youth groups, which could help in this case. On the other

17

hand it could lead to the wrong people as well, since the mere fact of being young and belonging to a group is already sufficient to be registered by the police in the Netherlands, even if no criminalisable behavior was registered.

Let’s for the sake of this example assume, that the police thought they had a lead to the young men in the park. They would ‘ invite’ them in for a hearing at the police station. Probably, most of the young men, not having a lot of positive experiences with the police, would refuse to answer questions or would give answers that were not very helpful. Some would answer and the statements would be likely to be contradictory. In a court case, if it would come to that, it would be very hard to prove who did what.

For that reason the Dutch law has a penal regulation that criminalizes people that stand by and do nothing, when criminalisable behavior is taking place. Let’s assume that they would all be convicted to a fine, community service or conditional or unconditional prison sentence. Highly likely some of them would have been unjustly convicted. If they were tried as adults it would mean having a criminal record that an easily lead to a load of problems in schooling and job opportunities. It is highly likely that if they were locked up, they would get a lot of information on how deal with situations in their lives in a non-legitimate fashion.

There is very little to state about the effect of this approach by the criminal justice system on the victim. Maybe the damage of the broken window could be claimed if someone was convicted for breaking the window and that damage could be attributed to him and he had the money to pay for it.

The fear, the emotional process of the victim in this case, is not being dealt with, within this criminal justice context. Most times a victim will not be notified when the court case takes place, or if the public prosecutor decided not to prosecute in the Netherlands.

After a criminal trial or any criminal law intervention, in this process there is no possibility for interaction between the actors involved, the labeled victim and the labeled offenders.

Convicted young men that have been imprisoned, when they come back into society, have often lost their jobs and houses. They and their families have been branded and the chances of any reparation between those involved are very slim. Janne Fengler has presented in Dubrovnik in 2013 how the personality of family members of a persons being imprisoned changes as a result of that.

Within a possible context of victimology

Victimology would depart from the importance of the victim, as leading. What would the victim want? Largely the impression reigns in public debate, that the victim would want revenge. From the experiences in the truth and reconciliation committee in South Africa, it appears that what the victim would want mostly, is recognition of what happened. Registration of the events, recounts, to be able to find out what really happened, where disappeared people are and why it happened.

A Quote from PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT 34,OF 1995:

SINCE the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), provides a historic bridge between the past of a deeply divided society characterized by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence for all South Africans, irrespective of colour, race, class, belief or sex;AND SINCE it is deemed necessary to establish the truth in relation to past events as well as the motives for and circumstances in which gross violations of human rights have occurred, and to make the findings known in order to prevent a repetition of such acts in future;AND SINCE the Constitution states that the pursuit of national unity, the well-being of all South African citizens and peace require reconciliation between the people of South Africa and the reconstruction of society;AND SINCE the Constitution states that there is a need for understanding but not for vengeance, a need for reparation but not for retaliation, a need for ubuntu but not for victimization;AND SINCE the Constitution states that in order to advance such reconciliation and reconstruction amnesty shall be granted in respect of acts, omissions and offences associated with political objectives committed in the course of the conflicts of the past;AND SINCE the Constitution provides that Parliament shall under the Constitution adopt a law which determines a firm cut-off date, which shall be a date after 8 October 1990 and before the cut-off date envisaged in the Constitution, and

18

providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with;Victims may want compensation for damages or for the emotional process. Maybe victims want a sincere apology… For the sake of this case, let’s suppose there is an official or unofficial procedure possible that does not involve the CJS. In the Netherlands there is no possibility of such an official procedure at the moment. There are pilots of victim-offender mediation, but this involves the CJS. The problem with victim-offender mediation is that truth finding into the roles of victim and offender cannot be part of the process, since the offender is already labeled as an offender and has to accept that label in order to be able to participate.

Problems with labels like victim and offender

From many presentations during years in de Dubrovnik postgraduate course in victimology, it is quite clear that the reality is not that simple and roles are not that clearly defined. In the case of the Cambodia tribunal the child soldiers that are admitted, are there in the role of victims, though as we know in many situations in which they functioned as child soldiers, they can also be labeled as offenders. Dawn Beichner has clearly shown in her presentations that the women that are imprisoned are often victims in situations not recognized by the CJS in an earlier stage. Dick Anzenge has taught in his presentations how complex the victim offender situation can be, and that often these roles are mixed and hard to define. T.J. Taylor showed in his presentation in Dubrovnik in 2013, that there is a high percentage of victimization within gangs, though gang members are easily labeled as offenders. Gerd has shown in his presentation in Dubrovnik in 2013 how victims of Hansen’s disease, as a risk factor, became secondary victimized by the reaction to the disease of the government in Japan.

The community of Hollow Water has proven the healing powers in a society of a carefully instrumented peace circle.

Since victimology is a new science in many ways it is researching new paths to discover ways of dealing with the complexity of problematic situations.

If we translate the story above, to a context of victim-orientated means of dealing with problematic situation, the first question would be, what would this victim want?

In that case I, as a victim, would want to understand the situation, understand the persons involved and also understand my own reactions and fears. The more I could understand, the more I would be able to come to peace with what had happened. Since it involves my own experience I can say that if there would be a possibility of a peace circle, I would be in favor of that, for those very reasons. But for a peace circle to work, the involved parties would have to be willing to participate in an open manner.

If the young men involved would not be willing to participate, it would not be a possibility that could be used. I would than suggest to involve their families and my family, to get a better understanding of the situation. In Dubrovnik I got acquainted with some stunning examples of ways to make sense of harmful encounters. In the registration of the victim-offender mediation ‘facing the demons’ the tragedy of a young person murdered by two other young people results in the family meeting the offenders and their family. The video shows the painful start of a healing process for all those involved in the aftermath. What it shows above all is that it is in no way an easy or simple process.

Victimology would at least in the story presented attempt to repair, restore, transform. Make the experience of those involved a commune experience, a possible learning process. There is no guarantee of success, unfortunately. The success depends on the willingness of those involved to invest into the process towards an unknown future.

Beauty of complexity

A former tolerant country like the Netherlands is sending out the message of zero tolerance and relying in growing measure on a repressive criminal justice system, with alarming signals like the percentage of pre-trail detainees being the highest in Europe (40% of all detainees are pre trial detainees) and the trust of the population in the police down to 40 %. , Daily, people are being fed news items directly from that system, in an attempt to show that the problems are being dealt with in a proper manner by punishing. The amount of resources invested in the criminal justice system are enormous and yet the claimed results by that system are being waylaid by the fact that most of the so called criminalisable behavior will not be treated within the system. The CJS and politicians are using criminal law as a tool, time and again to simplify complex problematic situations in an attempt to save money and time, and still appear competent in their actions.

19

The beauty of victimology is that it’s not pretending to have all the answers, but is open to suggestions, to a process of trial and error. Restorative justice and transformative justice are researched; the ways of native peoples to deal with conflicts are being investigated. Worldwide many professionals include basic knowledge of victimology into their own field of science, into their profession. People have a right to their own problems and they have a right to be involved in the process of dealing with those problems. Learning processes are necessary in order to evolve. Those processes are painful, they take a lot of effort and sometimes there has to be acceptance, that the time is not yet ripe for restoration, understanding and healing. There is no simplicity in victimology, but it’s complexity has the ring of true science, since it accepts diversity and complexity and does not appear to try to ‘Photoshop’ problematic situations and possible reactions to them, just for the sake of ‘scoring’.

I am thankful to have become part of victimology and thankful for all those that have invested in making victimology into this special scientific, professional field. Especially to Gerd Kirchhoff, who is rightfully honored for his lifetime investment into victimology, by the publication of this book.

Literature and reference list:

Dr. Dick Anzenge, professor Criminal Justice Departement, st Cloud State University, Minnesota: ‘ Victimology: the science, the discipline and applications’, Presentation Dubrovnik 2013.

‘Dr. Dawn Beichner, Illinois State University, Criminal Justice Sciences - Advisor, Graduate Advisor, Associate Professor: ‘Overcoming past victimization in preparation for re-entry to society’ Presentation Dubrovnik, 2013.

Prof. Dr. Janne Fengler, Alanus University of Arts and Social Sciences, Germany: ‘ Personality change in victims: psychological perspectives’, Presentation Dubrovnik 2013.

Sam Garkawe, University of Southern Cross, Australia, Associate Professor BSc(Melb) LLB(Monash) LLM(Lond) Barrister and Solicitor of the Supreme Court of Victoria, Attorney-at-Law (California): ‘ Some critical reflections on the position of victims at the Extraordinary Chambers of the Courts of Cambodia’, Presentation Dubrovnik 2013.

Louk Hulsman, ‘Critical criminology and the concept of crime’, Dordrecht: Martinus Nijhoff Publishers 1986.

Wayne Morrison, ‘Introducing crime and criminology’, Oxford: Oxford University Press 2009Prof. Dr. jur. Gerd Kirchhoff. Professor of victimology, Tokiwa Daigaku Graduate School of Victimology, Japan: ‘Social victimization – the victimization of Hansen’s disease patients in Japan’, Presentation Dubrovnik 2013.

Victor Klemperer, ‘LTI’, Stuttgart: Philip Reclam, 2007.Dawn L. Rothe, Associate Professor of Criminology, Department of Sociology and Criminal Justice, Old Dominion University, USA: ‘Towards an integrated victimology of state crime’, presentation Dubrovnik 2013,

T.J. Taylor, Ph. D. Criminal justice, assistent professor at the University of Missouri, st Louis: ‘ Gang membership and violent victimization’, presentation Dubrovnik 2013.

Council of Europe, Annual Penal Statistics: SPACE I -2010, 28 March 2012, p. 84 (table 5).

Documentary ‘ Facing the Demons”, < aso.gov.au/titles/documentaries/facing-demons/clip1/>

Documentary on Hollow Water, < www.iirp.edu/article_detail.php?article_id=NDc0 >

Promotion of National Unity and Reconciliation Act 34, of 1995 (South Africa). < www.justice.gov.za/legislation/acts/1995-034.pdf >

Imago Onderzoek Politie, < www.maatschappijenveiligheid.nl/wordpress/wp-content/uploads/2013/09/SMV-Imago-onderzoek-politie-Deel-Burgers.pdf >


Logical Framework

Approach

‘Temporal Logic Model’

NARRATIVE OR DESCRIPTION

OBJECTIVE VERIFIABLE

INDICATORS(OVI’S)

MEANS OF VERIFICATION

(MOV)

ASSUMPTIONS (CRITICAL DATA)

Assumptions Forecasts of Scales of Probability (‘Temporal Logic Model’)

LOWMEDIUMHIGH

GOAL(S)

PURPOSE

OUTPUTS

ACTIVITIES

HIERARACHY OF

HYPOTHESIS

Logical Framework Approach (LFA) Temporal Logical Model

PROJECT OR PROGRAMME MANAGMENT SHARING RESPONSIBILITY WITH CORPORATE MANAGEMENT FOR VALIDITY OF HYPOTHESIS BEYOND OUTPUT LEVELS. The core of the Logical Framework is the ‘temporal logic model’ that runs through the matrix. This takes the form of a series of connected propositions:

• IftheActivitiesareimplemented,andtheAssumptionshold(mediumorhighprobability),thentheseOutputswillbedelivered• IftheOutputsaredelivered,andtheAssumptionshold(mediumorhighprobability),thenthePurposewillbeachieved• IfthePurposeisachieved,andtheAssumptionshold(mediumorhighprobability),thentheGoal(s)willbeachieved

References:FinalReport,Contractcsd-2510,July24,1970(http://pdf.usaid.gov/pdf_docs/PNADW881.pdf)External Links: Project Cycle Management Guidelines (http://ec.europa.eu/europedaid/multimedia/publications/publications/manuals-tools/t101_en.htm)

Appendix 3

•HMCTS collaboration with MilitaryCourtsService

•Adevelopmentofasystematicreviewintoaveteranservicewithanevidencebaselearninglessons from best practice and innovations

•Area based Veteran FamiliesInformationportals,practitioner workbooks and Courtsspecialist(veteran)serviceuserdirectories

•CJSveteranoffenderawareness training.•Piloting Veteran Treatment Group Work Programme

•MoD Veteran transition monitoring•NHS PTSD Treatment Trends •Sentencer Liaison Committee portal

•Department of Health and HMCTSLiaisonandDiversionperformance metrics

•MORIsurveys•CourtVictimWitnessService•Courtuseradvocacyservice•VeteranFamiliesCourtService

•CJS NOMS Veteran Offender consultation group• Veteran Task Force Coalition stakeholder register

•Local Criminal Justice Boards Performance Audits•HomeOffice‘OpenJusticeCJSprofiling

•Project NOVA triangulation researchplusearlynotificationofveteransinCJS•MoJ and MoD bilateral policy reviews

•Area based Veteran Families Informationportals,practitionerworkbooks and Courts specialist (veteran)serviceuserdirectories

•ARUniversityVeteranandFamilies Institute monitoring programme

VeteransInTheUKCriminalJusticeConference–SpecialistVeteranTreatmentCourtsWorkshop30June2014

21

•Judicialinvolvement(SGC)• MoJ Crime Directorate• Ministerial Lead

•EffectiveengagementwithHMCTS Nat. Lead with Crime directorate and MoJ •Policy Unit•DoHDiversionProgrammeEvaluationBoard

•VeteranserviceavailabilityviaLCJB• WAVES for Veterans?•IdentifiermappingservicesledbyACOPinitiative

•Earlydiversionintoveteranspilot treatment programme•Effectivesentenceoptions• Veterans engagement/ compliancewithprovidersofProbationServices

Logical Framework

Approach




INDICATORS(OVI’S)


(MOV)



LOWMEDIUMHIGH

GOAL(S)

PURPOSE

OUTPUTS

ACTIVITIES

HIERARACHY OF

HYPOTHESIS

Logical Framework Approach (Lfa) Temporal Logical ModelVeteransTreatmentServices–AStrategyForTheUK

Appendix 4




• National data base of veterantreatmentservices•Coalitionofveteranpeersupportservices

•Determinelevelofsupportwhereveteranslive,includingrisk of harm to self and others plus safeguarding the needs of children and adults

• Assessment of needs frameworksusedbymulti-disciplinary staff•Prisonveteranwelfareresource directory

•Auditoftreatmentserviceprovisionderivedfrompracticein15RRUs•Mappingservicesagainstwhereveteranslive

• Military charities thematic inspections• MoD/UK DoH Partnership Board

•NHSveteransurveys•MoDexitsurveysusingmentalhealth assessment discharge protocols

•www.veterans-uk.infoportal• www.startthere.org•SSARA-FHprogramme

Groupa)Whatdoweknowaboutthegeographicalspreadofveteranstreatmentservices?Whatarethechallenges?UsetheE&Wmaptoplottheirexistence.

•Veteranservicesarewellcoordinated•NHSveteranservicesareaccessible

• MoD promotes programmes thatprovideatransitionfromsoldiertocivilian• Awareness where armed forces havevisiblefootprint

•Therapyversescareandsupport imbalance• Prejudice from the user perspective•Prisonshavestronglinksveteranprovision

• Risk element is present and measurable within organisations providingtreatment

22

•ArmyRecoveryCapability(ARC)PersonalRecoveryUnits• Armed Forces Medical and EmploymentReviewBoard

• Council for Voluntary WelfareWorkersServicepersonal alcohol free environmentsandpastoralsupport•TriServiceTransitionProtocol

•24-hourveterans’mentalhealth helpline (operated by ‘Rethink Mental Illness’ circa. 2011)•Mental Health Pilot EvaluationReports

• DoH & MoD ‘Big White Wall’onlineearlyinterventionportal•ReservesMentalHealthProgrammeGPe-learningpackage

•CommunityCovenantGrantScheme•DefenceRecoverySteeringGroup(DRSG)programmeevaluations

Logical Framework

Approach




INDICATORS(OVI’S)


(MOV)



LOWMEDIUMHIGH

GOAL(S)

PURPOSE

OUTPUTS

ACTIVITIES

HIERARACHY OF

HYPOTHESIS





• Common Case Management Systems.•Veteran(Restorative)ServicesStandards(EFQM)•InternationalEvidenceBased Practice?

• Create regulated end to end treatmentprovisionfor•Veterans• Commissioning model based on best practice.

• MoD recruitment demographic profile• MoJ Veterans in CJS population profile

•EvaluateMoDpre-recruitment programmes•Serviceuserengagementwithex-military

•3,500ArmedForcesCharities?•NOMS Risk of serious harm guidance?• NICE best practice standards?•Widerevidencebasedpracticevariables?

• Training standards•Researchfindings•Evidenceandwiderbasedapproaches

• DoH Kite Mark ranging scales

• Veterans Ombudsman Service?

• Kite mark standard of practice?•IndependentPeerreviewprocessto follow up treatment and measure effectiveness?

• Standards and practise measurement (HMIP thematic audits)?

Groupb)Whatdoweknowabouttheactualqualityofveteranstreatmentservices?Whatarethechallenges?

• NOMS Transforming Rehabilitation Partnership strategiesgroupshavelocalandregional focus

• Person centred and client focusedservices• Set treatment criteria•Governance

•NationalAuditOfficeprogrammes?• Performance measures?

•Servicedeliveryisindividualised

23

Logical Framework

Approach




INDICATORS(OVI’S)


(MOV)



LOWMEDIUMHIGH

GOAL(S)

PURPOSE

OUTPUTS

ACTIVITIES

HIERARACHY OF

HYPOTHESIS





•CJSDiversionprogrammeintoveteranspecificcommunity programmes

•CostbenefitanalysisofveteransenteringCJSagainstearlyinterventionmodelsusing safeguarding and risk management

•CrossGovernmentalInformation Sharing Protocol• Regional Veteran Family Liaison Supportserviceusingmultiagencypersonnel.• National Police Force Military LiaisonEarlyIdentificationStrategy

•UseexistingPNC,Prisonand Probation data to inform base line commissioning and servicedeliveryoutputs

• Community Rehabilitation Companies pathway monitoring

• MoJ Quarterly Prison Servicecapacityreports• Safeguarding partnership boardsandMARACreviews

•PoliceMilitaryLiaisonserviceveteranscharter• MoD information strategy guidance2011–Defenceinformation Vision

• Offender Assessment System (OASys) Needs and Risk ManagementReviewCycles•IOMserviceusernominalmappingreviews

• Veterans Select Committee Reviews• LCJB performance reports

•HomeOfficeOpenJusticeInspections•Defenceselectcommitteereviews•MilitaryOmbudsmenServices

•OfficeforPoliceandCrimePlanAudits• Safer Partnership Strategy Groups

Groupc)Howcanweensurethatveterans’needsaremetwithintheTransformingRehabilitation(TR)agenda?Considerriskmanagementandsafeguardingofchildrenand adults principles.

• NOMS Transforming Rehabilitation Partnership strategiesgroupshavelocalandregional focus

•NationalAuditofficepublicaccountsreviews• Information Commissioner Compliance Charter

• Veterans Families Liaison ServicecoordinatedbyMilitaryCharities• Information Commissioner OfficeCompliancemonitoring

•Dataqualityissufficient& transfers to commissioning groups are coordinated and timely

24

Logical Framework

Approach




INDICATORS(OVI’S)


(MOV)



LOWMEDIUMHIGH

GOAL(S)

PURPOSE

OUTPUTS

ACTIVITIES

HIERARACHY OF

HYPOTHESIS

LOGICAL FRAMEWORK APPROACH (LFA) TEMPORAL LOGICAL MODELVeteransTreatmentServices




•Corporatecovenantfortheemployment,trainingandeducationofveterans

• Utilise Community CovenantGranttosourcesustainable employment thatprovidesveteranswithavocationthathassimilarcustomstothearmedservices

• Exploration of resources and networks necessary for Armed Forces corporate covenant

•Engagewithprovidersandcharities who recognise how best to match employment opportunitiesforveterans

•NOMSandDoHveteransintoemployment targets• DfE Troops to Teachers’ scheme

•MoDveteranstransitiontargets• Criminal Records Bureau portability checks• MoD and central GovernmentDepartmentsalliance with Armed Forces

•Veteranspeeremployment,trainingandeducationreviews

VeteransInTheUKCriminalJusticeConferenceEmployment,TrainingandEducationWorkshop

•Collaborativeworkingwithprivate,thirdandpublicsectoremployers

• Strategic alliance with British Chamber of Commerce and Industries •AdherencetoServiceFamiliesEmployment Skills Taskforce

• Stakeholder task force coalitionregisteravailable•Ministerialleadforveterans

• Cooperation and alliance with militarycharitiestodeveloppathways to employment

Appendix 5

25

•ArmedForcesCovenantFinancialSupportforServiceleaverstostudyatUniversity

•ArmedForcesCovenantback to Work Programme• MoD LA Childcare SufficiencyAssessments(CSA)•RAFBenevolentFund(‘Airplay’)

• MoD and Right Management Ltd Career Transition Partnership evaluationprogramme•ArmedForcesCovenantreporttoParliament

• Armed Forces Ombudsmen Service•ArmedForcesJudgeAdvocateServices

•ConfederationofServiceCharities (COBSEO) Forces in Mind impactevaluations

Veterans Conference Task Force Coalition NominationsOrganisation Description of Services Experience or Expertise Nominated

OfficerAddress Telephone Number Email Address

1.Independent Performance coaching for veteransinprison

30yearsservinginBritishArmy.

Patrick Geraghty

23Homepastures

Hose

Melton Mowbury

LE144JB

07793565147 [email protected]

2.CentreforJusticeInnovation

Courtreform,supportfor criminal justice practitioners,trans-AtlanticCJpractice,evidencearoundcourt-basedbestpractice

Strong links with Veterans Courts in USA and knowledge of setting upcourt-basedinitiatives

Anton Shelupanov

Centre for Justice Innovation

6KeanStreet

London

WC2B4AS

02026329071

07949618077

[email protected]

3. TRE UK Teaching techniques allowing participants to release blocked/held energy torelievesymptomsofstress,anxiety,trauma&PTSD.Simpletolearn,effective,permanentrelease.Resolvesheldtrauma. A natural ‘no talking’ body based programme.

Learnt2½yearsagofromfounder Dr. Bercelli in South Africa bought to UK. Worked with suffers onalllevelsaroundtheUK. Work recommended by Prof. Gordon Turnbull. I am lead therapist in UK.

Caroline Purvey

507

Folkestone Road

Church Houghham

Dover

Kent

CT157AB

01304211994

07974081496

[email protected]

4.HighGround Providesservingpersonnelandveteranswithadviceand practical support about jobs – plus careers intheland-basedsectorsuchasfarming,forestry,conservation,landscapedesign etc.

7yearsinmilitarytraining sector

Anna Baker Cresswell

95

Horseferry Road

London

SWIP2DX


Appendix 6

26

mailto:[email protected]




5.Catch22

HMP Doncaster

Offender management in Custodial Setting. Veterans in Custody (VIC) serviceprovider.Peersupport,mental/physicalhealth,veteransincustodyvolunteermentors/peerslinking with external agencies and through the gate support

Over15yearsinthedrug,alcoholandcriminal justice setting in community and custody

Pete Jones Catch22

Offender Management Unit

HMP YOI Doncaster

Doncaster

DNB8UK


6.JoiningForces

Training Ltd

A ‘through the gate’ training and mentoring serviceforex-militaryoffendersinAvonandSomerset,WiltshireandSouth Gloucestershire. This involvesprisoninreach,coordinationofservices,activementoringandpeersupportinHMPBristol,LeyhillandAshfield

Currentlydeliveringmentoringservicesaspart of New Futures programmetoex-militarypersonnel in the CJS. We currently work in 3 prisons in the South West

Edward Hodges Joining Forces Training Ltd

Easton Community Centre

Kilburn Street

Bristol

B556AW

01179551167

07931381825

[email protected]

7.SpectrumTherapyScotland

Emotional Coaching Master practitioner – Spectrum therapy – NLP – Hypnotherapy. Associated to Synergy Affiliates

Jacky Campbell Spectrum Therapy Scotland

12HolehouseDrive

Kilbinne

KA247BJ


8.AnitaHowe Emotional Coaching Spectrum,NLP,Hypnotherapy-SynergyAffiliates

Anita Howe 24RickmanHill

Coulsdon

CR53DN


9.JudgementIndexUKLtd

Anevaluationservicesthatassessesthevalues,judgement and factors that impact on performance. On-lineassessmentbasedon HVP

40+yearsresearchinthefieldofvaluebasedhuman performance

Robert Coulthard

26Compton

Enfold

SNP6AZ


27







10.InnovationsAtWork Ltd

Training and Consultancy 25yearsofworkingwithtopteams,managersand front line staff inProbation,Health,Housing and Councils. Currently working with CPS,ABPOandthreeProbation CRCs on recruitment and selection training. Management development,mentoring,equalityanddiversity

Roland Azor 12SurrendenClose

Brighton

BN18EB


11.SouthYorkshireCommunity Rehabilitation Company

Rehabilitation of offenders

Integratedservices

PartnershipDevelopment

Community Engagement

Risk Assessment

Planning & Management

Project Management

21years’experienceinProbationservices

Robert J Cotterall

SYCRC

45DivisionStreet

Sheffield

S14GE


12.HMPChanningsWood

HMP Responsibility in Supporting and Rehabilitating Forces Personnel

Open access to prison population armed forcesveterans.Postiveworking relationship with internal/third sector services.

Ben Fisher –ActivitiesManager

HMP Channings Wood

Denbury

Newton Abbot

TQ126DW


13.SaveOurSoldier Weprovideinterventionsto help military personnel (and their families) who suffer emotional challenges because of their past or present deployment. Helping those from anywhere,anyconflictwhohaveservedforthebenefitof our Country.

Manyyears(20)ofhumanintervention,spanningmultiple countries. Wehaveaccesstoapproximately450coachesacrossEngland,using many former NHS personnel and formal servicepersonnelwitharichcollectionofrelevantaccreditations.

LeeHayward,CEO

SaveOurSoldier

Great Western House

34-35LowerBristolRoad #3

Bath

Somerset

BA23AZ

01225430360

07944343450

[email protected]

14.Alliantist www.pam-it.com

Cloudbasedsoftware-pam-thatenablesnewwaysofworkingformulti-agencyservicesliketreatingveteransinaholisticfashionwithin a secure and trusted pan-governmentaccreditedenvironment.

Consulting,changemanagement,partnering,

Mark Darby ScienceParkSquare,

SussexInnovationCentre,

Brighton

BN15JD


28







Veterans Conference Evaluation Survey Report

Below is an analysis of 21 conference evaluation feedback forms.

Q1. How did you hear about the Veterans in the UK Criminal Justice Conference?

A Press 0B Email 3C Internal Networks 10D External Networks 5E Other 3

Q2. How would you rate your experience of registering/booking/paying for the event?

A Poor 0B Average 1C Good 9D Excellent 11

Q3. How would you rate the conference agenda concerning veterans entering the CJS?


No Answer 2

Q4.Which guest speaker addressed the issues that were important to you and why?

A Grant Cornwell 2B Simon Weston 11C Gov. Speaker 13D Jehanne Hulsman 5E Mark Darby 3

Q5. How would you rate the workshop which you attended?


No Answer 2

Q6. How would you describe the workshop facilitator’s knowledge of their subject?


Appendix 7

29

Q7. How would you rate your involvement and contributions made in your workshop?


No Answer 1

Q8. Please rate the examination of the case studies of veterans and their families?


No Answer 4

Q9. How did the panel perform when responding to questions from delegates?


No Answer 6

Q10. How would you rate the ‘outcomes’ of the conference designed to divert veterans out of the CJS and improve the treatment of those who are sentenced by the courts?


No Answer 6

Statistics on Comments Below is a summary of data from comments made on each evaluation form.

Positive 10Negative 4No Comments 7


Evaluation Statistics



I have been involved with police and probation for a while now and understand the good that is done despite the front page stories that too often suggest otherwise. However the afternoon still moved me to tears as I heard several people telling their stories of how Post Traumatic Stress Disorder (PTSD) destroyed their lives and (to some degree) was behind their falling into the CJS. How some of them turned it around is quite remarkable, although not all of them had that outcome, and clearly too many suffer from these invisible injuries. That must change, and whilst it is sadly too late for some, there is a better way to address the root cause (prevention) and more effectively help those ongoing victims of combat stress cope. It makes good commercial sense to change too as more can undoubtedly be delivered for less if a holistic perspective is taken.

Mark Darby, CEO, Alliantist

The morning speakers were very worthy and informative but the event really came to life for us with the workshops and the personal experiences in the afternoon, these really brought it home to us with regard to the issues that we are dealing with and put a very human face on the problems that these veterans experience.

Tessa Kent, Royal British Legion

It was clear that you had chosen the speakers and indeed delegates carefully and I think this reflected in the quality of the agenda and subsequent discussions. The day was very well structured and provided plenty of opportunities for networking which was definitely well used. I think this is the key to successful conferences. I felt that the veterans’ case studies were a poignant moment in the day and I hope that someone in the audience was able to offer some advice and help to the first lady who spoke. All of the staff were extremely welcoming and helpful from the security, to the catering and the couple issuing badges and programmes. The literature and briefs were very professional.

Alexandra Quinn, Office of Rory Stewart MP

“I am delighted to attend the first conference co-organised by B&D Justice Consultants Ltd. Can I congratulate the conference team on putting together a day with texture, gravitas and multi-media. Simon Weston was excellent and a real leader for this growing movement. Stephen Philips, QC provided the national review perspective. I am pleased that

one conference action is that participants will be asked to “comment” on the initial report required for Chris Grayling, Justice Secretary. Can I thank Colin Back for facilitating very open and informative workshop. I learnt that the public sector is minimally involved. I was surprised about this and would attend a similar conference for the Public Sector.”

Roland Azor, MD Innovations At Work

Veterans Conference ReportDelegate Testimonies

Appendix 8

33

Annex A - Courts served by Liaison & DiversionTrial Schemes 2014-15

Appendix 9

Trial Scheme

Courts servedHMCTS Project Board RepresentativeMagistrates/Youth Crown

North East London Police and Court L&D Service

Thames

Stratford

Highbury Corner

Barkingside

Snaresbrook Sarah Best

[email protected]

Sussex Police and Court L&D Service

Brighton

Crawley

Eastbourne

Hastings

Worthing

Hove

Lewes

TBC

Dorset Criminal Justice L&D Service

Bournemouth

Weymouth

Bournemouth

Weymouth

Cheryl Flude

(01202 711903)

[email protected]

[email protected]

[email protected]

Avon & Wiltshire Police and Court Assessment & Referral Service

Bath

Bristol

Chippenham

North Avon

Salisbury

Swindon

Weston-super-Mare

Bristol

Salisbury

Swindon

Kirsty Cochrane

[email protected]

[email protected]

South Essex Partnership Trust

Basildon

Southend

Chelmsford (Saturdays and Bank Holidays)

Basildon

Southend

Debbie Pinion

[email protected]

Coventry Criminal Justice Liaison Service

Coventry Coventry

Warwick

Simon Kent

[email protected]

Leicestershire Partnership Trust

Leicester City

Hinkley

Leicester Nick Watson

34

North East Liaison and Diversion Service

Sunderland

Teeside

Newcastle

Teeside

Bev Bowery

Alison Germany

[email protected]

Merseycare Criminal Justice Liaison Team

Liverpool

Bootle

Liverpool Richard Holland

(0151 285 6210/01744 627273)

[email protected]

[email protected]

[email protected]

Wakefield L&D Scheme

Wakefield Leeds Mark Turner (01924 231133)

David Jackson

[email protected]

[email protected]

Liaison and Diversion Final Scope• The service will operate in England.

• The entry point to the service will be when an individual comes into contact with the police (or other criminal investigating authority) under suspicion of having committed a criminal offence.

• The service should be accessible at earliest stage once an individual is suspected of having committed a criminal offence, to be available at the point of need and to be available at, but not be limited to the following locations

o Police engagement with children and young people in community settings, including restorative justice

o Police custody suites

o Voluntary attendees at police stations (or other prosecuting authorities)

o Magistrates’ courts

o Youth courts

o The Crown Court

o Probation services

o Youth offending teams

• The core operating hours of services will be responsive to local need, but will provide access to out of hours’ services.

• This will be an all age service, providing an age appropriate response for all those over the age of criminal responsibility. Consideration should be given as to where adult and youth elements can be integrated and where it is appropriate that they work differently.

• The service will be accessible to individuals irrespective of the nature or class of criminal offence under investigation.

35

• The service will address a wide range of health issues and vulnerabilities relevant to age, gender and culture. Services must be able to address single and multiple diagnosis. These will include, but not be limited to, those tabulated in the following non-exhaustive list:

Adult services

• Mental health• Learning disabilities• Autistic spectrum• Substance misuse• Physical health• Personality disorder• Acquired brain injury

Children and young peopleservices

• Mental health• Learning disabilities• Autistic spectrum• Substance misuse• Physical health• Speech, language and communications need• Acquired brain injury• Safeguarding issues• Child protection issues• Conduct disorder

• The service will provide timely, relevant information to key decision makers in criminal justice agencies to inform outcomes along the criminal justice and youth justice pathways and to ensure that reasonable adjustments are made that enable individuals to understand and engage in the proceedings.

• The service will facilitate the sharing of health and social care information across the youth justice and criminal justice pathways.

• The model design will avoid the duplication of existing services.

• The model design will avoid the creation of parallel mainstream services.

• The service will secure and follow up referrals into,

o appropriate mainstream health and social care services

o other relevant interventions and support services

and to ensure that the individual engages with the service and that outcomes are captured.

Out of ScopeThe following functions will not be pursued as part of the liaison and diversion programme.

• Removal and detention of an individual in accordance with section 136 of the Mental Health Act 1983.

• Street triage – DH are to pilot adult street triage schemes in a limited number of locations from April 2014. A separate funding stream has been identified within the department. An evaluation of the outcomes of the pilot schemes will inform an options paper on the potential for further roll-out.

• Custodial in-reach services or post release services.

• Alternative treatment based options to custody – these continue to be tested and the learning will feed into a separate ministerial options paper.

However it will be important to build local interfaces between commissioners and providers of both liaison and diversion services and the above functions. This service will also address sharing relevant flows of information with these providers.

36

Veterans in the UKCriminal Justice SystemConference

Conference co-ordination and project management by:

B&D Justice Consultants Limitedwww.BDjusticeconsultants.co.ukE: [email protected] Registered company address:B&D Justice Consultants Limited Delaware, Talwrn Road, Coedpoeth, Wrexham , LL11 3PLCompany Reg No: 9053083

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30 June 2014

Synergy Affiliates Ltd ‘leading the way in human dynamics’

This report is the copyright and intellectual property of B&D Justice Consultants Limited.

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Veterans in the UK Criminal Justice System …bdjusticeconsultants.co.uk/publications18/B_DConferenceREPORT... · Mark Darby, CEO, Alliantist 8 8. Conference ... the institute of