Offender Management: Theories, Sentences, and Effectiveness

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This report delves into the intricacies of offender management within the UK prison system. It begins by exploring various theories of punishment, including retributive, general deterrence, specific deterrence, preventive, and rehabilitation theories, and their application in determining custodial and community sentences. The report examines the roles of governmental and non-governmental organizations, such as the National Offender Management Service and the National Probation Service, in managing offenders both in custody and within the community. It critically evaluates the effectiveness of community-based offender management programs, considering their impact on public safety and offender rehabilitation. The report further provides examples of different sentence plans, including absolute discharge, conditional discharge, imprisonment, probation, and fines, assessing their importance in specific cases. Data on reoffending rates for both custodial and community sentences are interpreted and analyzed to gauge the effectiveness of offender management strategies. Finally, the report critically assesses the effectiveness and management of offenders in custody, considering different types of prisons and their approaches to rehabilitation. The report highlights the importance of a well-managed prison system and its impact on offender rehabilitation, referencing relevant literature to support its arguments.
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Offender Management about
prisons in UK
Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Theories of punishment and the rationale for custodial and community sentences....................3
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Analyse how government and non-government organisations managed / are managing your
offender in the community and how these organisations work together....................................4
Critically evaluate how effective managing offenders in the community can be.......................5
Provide examples of sentence plans and assess the importance of these to your chosen case...5
Interpret the reoffending rates of custodial and community sentences and analyse this data
against the effectiveness of offender management.....................................................................7
Critically evaluate the effectiveness and management of your chosen offender in custody with
reference to different types of prison..........................................................................................8
Prison statement is one of those kinds of system that has been helping in developing of prison
and making it better place to live and learn things for crime. Various kinds of things are there
that has to be kept in mind in order tom make suer that management is being done in proper
manner. An prison system can be improved only when the management works in proper and
effective way. For this purpose only theories of punishment has been formed. Further various
kinds of sentences exists that helps in developing proper system to be followed in prison. This is
there to make sure that an prisoner is being rehabilitated and do something good for society
(Bedford, 2016)................................................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Prison system means that kind of process which has been formed in order to maintain
peace within society. Such system contains very simple and appropriate principal related to
humanity. All kinds of prisons are covered within the system. The process is covered within
penology and criminology that is an important part of laws as a subject. Further the process deals
upon reforms and theories which is related to prisons and makes improvement done on day to
day basis. Scope of this system is wider as it deals upon those kind of aspects which helps in
managing of prison. Nature is dynamic as various process involved within prison is covered. In
this fileprison management and things to be covered is based on theories related to punishment,
about government and non-government activities and critical evaluation of management.
MAIN BODY
Theories of punishment and the rationale for custodial and community sentences.
The sentencing to the offender has become a complex task due to protecting the
fundamental rights of the offenders. The judges while passing the sentence has to look into
number of factors which affect the sentence. So there are theories of punishment which help in
managing the offenders and their punishment according to the nature and gravity of the offence
as well as the purpose of serving the offender with the punishment. These theories include- Retributive Theory- This theory focuses on giving the sentence to the offender in
proportion to its culpability. It involves two aspects which includes positive and negative.
The former aspect requires that a offender must receive a sentence which reflects the
gravity of the offence committed by him and the later aspect requires that the punishment
must not be heavier than the offence (MacDonald, 2018). General Deterrence Theory- This theory focuses on creating the deterrent effect on the
potential offender in order to prohibit them from committing the same offence. This
theory is somewhat similar to retributive theory which works on the principle that to
create a deterrent effect, the punishment must be given in proportion to the culpability of
offender. This theory creates deterrent effect on society in order prevent repetition of
offences. Examples of crime which relates to this theory are rape, robbery, etc. Specific Deterrence Theory- This theory is aimed to create the deterrent effect on the
particular offender. Unlike general deterrence, it focus is on the particular offender and
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not the potential offender in order to reform the culprit. In majority of cases, the court is
unable to distinguish between the two theories but special deterrence theory is an
important idea for framing the sentence policy of courts. Preventive Theory- The aim of this theory is to prevent the offender from further
committing the crime by detaining him into the custody for longer time period. The time
period of sentence is not calculated as per the gravity of offence but primarily to fulfil
the need of protecting the public from that particular crime. The sentence period must be
justified on the basis of offender's culpability for the offence for which the sentence is
passed (Lewis and et. al., 2016).
Rehabilitation Theory- The aim of this theory is to encourage the accused to abstain him
from the behaviour of criminal in future. This can be done by providing social, vocational
or ethical training in order to rehabilitate him. The problem arises in applying this theory
when it comes in conflict with other theories like general deterrence theory.
Custodial and community sentences
The community order is passed to fulfil the purpose of sentence. They create an effect of
restricting a offender's liberty with punishing the community and rehabilitating the offender. It
must be imposed when there is need to warrant the sentence. Custodial sentences are imposed
when the offence or combination of offences are of such serious nature that a fine or community
sentence cannot justify the offence.
Analyse how government and non-government organisations managed / are managing your
offender in the community and how these organisations work together.
The National Offender Management Service is a government organisation which are
accountable for running the prisons in England. Apart from this, they are entrusted with
responsibility of providing rehabilitation service to prisoners, providing support to stop the
offenders related to sexual assault from committing any such crime again. Also they hold
responsibility towards keeping such criminals safe within prison through managing it. They work
independently with non – government organization for making sexual offender turn into better
human beings. They majorly contributes in enchaining education of sexual assault offenders
which makes them develop good mental ability.
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Another government organisation is National Probation Service they help in
supervising sexual assault offenders in order to make sure that they become valuable asset for
society and makes positive contribution in influencing persons. It is entrusted with duty to
supervise these offenders when released form prison on license.
Youth Justice board is a non departmental body (public) which oversees the justice
system of youth and works on preventing the offence of sexual assault done by the children or
young people who are under 18 years of age. This board improves condition of such offenders by
sending them to orphanage, brothel house and NGOs for making them attend rehabilitation
programs which motivates them for becoming good human being.
Critically evaluate how effective managing offenders in the community can be.
Managing the offenders in the community is important firstly to protect the general
public from the offender and to reform the accused initially and then help him to survive in the
society again when they have undergone their sentence. When offenders are released on
probation, it is the duty of the government organisations like National Probation Service to
supervise and monitor their working. In case of breach of any proceedings, they must ensure to
initiate the proceedings against them at the court. Offender manager must supervise it. In case,
any offender does not keep up with the conditions of parole licence, it shall recall the person in
order to prohibit from committing further crime. So managing the offenders in the community is
very important in order to make sure their survival after undergoing the imprisonment and also to
see whether they can survive in the society without committing further crimes. These help to
tackle the local problems, disorders and crimes (Leaman, Richards, Emslie and O’Moore, 2018).
Provide examples of sentence plans and assess the importance of these to your chosen case
Sentences is those kinds of judgements that is being passed by judges at the time of
giving punishment. Sentences are of different types that has been explained as follows:
Absolute discharge: This is one of the lowest level of adult sentencing that is given to
offender. This is given to offender only when absolute discharge has been proved and findings
has been convicted and also they are not given condition to get an probation order. The sexual
offender under such discharge cannot be allowed over availing condition of pardoning for
discharge over removing there name from record.
Conditional discharge: Conditional discharge is similar to be absolute about finding the
guilt over which no conviction is registered. It is different from absolute discharge over
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conditions in which offender is required to be followed. As per this condition probation has been
ordered and is removed from the record of three years. In this condition an discharge over
criminal records for three years with completing as per probation. Under absolute discharge, the
offender doesn’t have to apply for a pardon for the discharge to be removed from the record of
an individual.
Imprisonment: This is that kind of sentence that has been passed by the judges when an
culprit has to be send to jail over the charged proven against him. In this an offender is required
to apply for pardon to remove it from record.
Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail
and a conviction is registered against them. An offender has to apply for a pardon in order to
have a jail sentence removed from their record.
Probation: In this court ordered over certain things within an period of time this is
known as probation order. An offender getting conditional discharge over suspended sentence
that always have probation which has to be followed by them. It can be combined with fine, a
conditional sentence, intermittent imprisonment, or imprisonment (Grounds, 2017).
Fine: This is an amount that has been paid by the offender of the court. This is been
given with or without punishment. If an offender is given a fine conviction registered against
them and has to apply fro removing fine from the record. This can be given instead of additional
imprisonment or conditional sentence with intermittent sentence. It is true when an criminal
offence with minimum jail time. Fine cannot be given on top absolute discharge and conditional
discharge. Intermittent sentence of jail is that offender serves chunks of time.
For example in case of R v Sheldon the court held that an offender intermittent sentence
that has to go to jail upon weekends over jail during week. This continues as per sentence is
finished and reason intermittent sentences are sometimes necessary to be served on weekends. In
this case the imprisonment order was passed by an organization. In this case imprisonment is
applied in proper manner as because of imprisonment is going to help in getting appropriate
manner.
Further in the case of Gammon Ltd v Attorney General in this case appellant was a
builder that has been deviated form the plan within a construction building. This is an offence in
which deviate plans that is substantial in its terms. The appellant accepted had deviated from
plans but he was into impression that deviation is only minor rather than substantial.
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Under this court held that an offence is related to strict liability and therefore his belief
was irrelevant over conviction that has been upheld. This has been there over an offence and is
considered to be presumption that mens rea has been required (Clark,and John Chuan, 2016). It
can be further explained as follows:
1. The crime is regulatory as oppose to a true crime.
2. The crime is one of social concern.
3. The wording of the Act indicates strict liability.
4. The offence carries a heavy penalty.
In this case it can be held that fine is the most appropriate form of sentence that can be
used in order to make sure that punishment is not given. Still guilty person has to pay for the
crime that has been committed. This kind of sentence also helps in sending message of humanity
in public which helps various prsionsers to be rehabilitate without going to jail. Fine is one of the
most important part as it has to be given within all types of cases at time with imprisonment,
parole or trial sentence. This is one of the most commonly used statement.
Interpret the reoffending rates of custodial and community sentences and analyse this data
against the effectiveness of offender management
Community sentences are those kinds of sentences which are also known as alternative
sentencing or non- custodial sentencing. In this an collective name within criminal justice is
given. In this courts can announce punishment over an defendant that has been convicted and
makes offence to be committed through various punishment or custodial punishment. These kind
of sentences is been given to those kind of criminals that are having any kind of hope to be
rehabilitated (Bui, Ullrich and Coid, 2016). This is one of the most important thing that has to be
done to make sure that an criminals can be restored. Re-offending is the term in which an person
which has been committing crime that has already been committed by same person. In these
kinds of offences an person is not being punished till the time he commits the same crime again.
The rate is dependent over the law according to the crime rate within an country. This helps in
maintaining effectiveness in managing of prison in a way that prison is not over loaded and
prisoners are been given good environment that helps in making rehabilitation of criminal in
better and more effective manner. Further these kinds of offence is being deal in such pattern
only.
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Critically evaluate the effectiveness and management of your chosen offender in custody with
reference to different types of prison.
Prison statement is one of those kinds of system that has been helping in developing of prison
and making it better place to live and learn things for crime. Various kinds of things are
there that has to be kept in mind in order tom make suer that management is being done
in proper manner. An prison system can be improved only when the management works
in proper and effective way. For this purpose only theories of punishment has been
formed. Further various kinds of sentences exists that helps in developing proper system
to be followed in prison. This is there to make sure that an prisoner is being rehabilitated
and do something good for society (Bedford, 2016).
CONCLUSION
From the above discussion it is clear that prison management is one of the most important
thing that is being used for making an portion better place. Further in this file various theories
related to punishment has been explained. Also different kinds of sentences is been explained
and then in the end critical evaluation is done over the prison management system. A good prion
management system always contribute towards making an prisoner better person towards
society.
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REFERENCES
Books and Journals
Bedford, C., 2016. Making waves behind bars: radio in prisons. Alternative LJ. 41. p.129.
Bui, L., Ullrich, S. and Coid, J.W., 2016. Screening for mental disorder using the UK national
offender assessment system. The Journal of Forensic Psychiatry & Psychology, 27(6),
pp.786-801.
Clark, S. and John Chuan, S., 2016. Evaluation of the Impact Personality Disorder Project–A
psychologically‐informed consultation, training and mental health collaboration
approach to probation offender management. Criminal Behaviour and Mental
Health. 26(3). pp.186-195.
Grounds, A., 2019. Discrimination against offenders with mental disorder. Criminal Behaviour
and Mental Health, 29(4), pp.247-255.
Leaman, J., Richards, A.A., Emslie, L. and O’Moore, E.J., 2017. Improving health in prisons–
from evidence to policy to implementation–experiences from the UK. International
Journal of Prisoner Health.
Lewis, A and et. al., 2016. Management of prisoners with autism is not perfect but is
improving. British Medical Journal. 354.
MacDonald, M., 2018. Overcrowding and its impact on prison conditions and
health. International journal of prisoner health.
MacManus, D. and Wood, N., 2017. The ex-armed forces offender and the UK criminal justice
system. Mil Veteran Psychol Heal Soc Care Contemp Issues. Oxford: Routledge. pp.62-
80.
McMurran, M. and Delight, S., 2017. Processes of change in an offender personality disorder
pathway prison progression unit. Criminal Behaviour and Mental Health. 27(3). pp.254-
264.
Shingler, J., Sonnenberg, S.J. and Needs, A., 2020. Psychologists as ‘the quiet ones with the
power’: understanding indeterminate sentenced prisoners’ experiences of psychological
risk assessment in the United Kingdom. Psychology, Crime & Law. pp.1-22.
Stewart, W., 2018. What does the implementation of peer care training in a UK prison reveal
about prisoner engagement in peer caregiving?. Journal of forensic nursing. 14(1).
pp.18-26.
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