Working with other community groups
Neighbourhood Watch (NHW) Gloucester
Gloucester District Crown Prosecutor Andrew Walters gave Gloucester Neighbourhood Watch AGM at Shire Hall an insight into how the CPS reaches its decisions on 24 May. He outlined aspects of the Code for Crown Prosecutors and CPS Core Quality Standards. The local NHW group had specifically asked for this as the reports on CPS decisions in local media often left them uncertain as to why cases were dropped or taken forwards!
Medico Legal aspects of the Learning Disability Service - Bristol
Crown Advocate James Ward gave guided doctors through CPS policy and thinking on diverting offenders with learning disabilities away from the criminal justice system, where appropriate, on 25 May 2011. Doctors attending the seminar were concerned about police awareness of learning disability issues at custody stages and of wider issues around the numbers of prisoners with learning disabilities. As we have outlined in recent editions of South West Brief, taking into account the needs of both offenders and victims with mental health issues and/or learning disabilities is an important part of CPS and CJS responsibilities.
Police and Partners tackling Forced Marriage and Honour Based Violence
Jasvinder Sanhera, founder of Karma Nirvana (a national support organisation for victims of honour based violence and forced marriage) ran away from an imminent forced marriage and was completely disowned and outcast by her family because of this. Her sister, Robina did not escape the marriage that was forced upon her, nor the terrible domestic violence which ensued. In despair and in terror of her increasingly violent husband, she set fire to herself and died in agony with 80% burns. It was the only way out of her suffering, as far as she could see.
This is what, almost twenty years ago, inspired Jasvinder to set up Karma Nirvana and its network of refuges and support services for those escaping forced marriage and the violence so often related to it.
On 13 May, Karma Nirvana held a conference about improving our response, as a society and as a criminal justice system to these issues ( in partnership with Avon and Somerset Constabulary). Jane Gibney attended and heard the powerful and moving stories of two survivors of forced marriage and violence, as well as the stories of the many women who never lived to tell their tales.
One young speaker who had run away from an abusive marriage following kidnap, false imprisonment, rape and domestic violence was not only disowned by her family but attacked for having dishonoured them by running away from the violence. She survived a stabbing that was commissioned to avenge the dishonour, though she lost the baby that she was carrying. She has changed her identity to protect her self from future attacks by her family.
Jane pointed out something for the CPS in particular to bear in mind: According to the speakers, when victims make it clear to their families that they will go ahead with prosecutions (in relation to false imprisonment or violence, for example), and that the CPS and the police are committed to going ahead too, it can make families think twice before they commit further acts of violence perpetrated either to force the marriage or take revenge for perceived dishonour. If they know the law is involved it reduces the risk to victims.
The national government Forced Marriage Unit reports approximately 400 cases a year. A third of victims repatriated by the Unit from India or Pakistan (where they had been forcibly taken or lured to before having a wedding 'sprung' on them) are under 16. Karma Nirvana receives 5.500 calls a year to its helpline. Most are from girls and young women but young men make up a small percentage of those seeking help.
The CPS aims to work closely with the police Public Protection Unit to tackle local incidents and issues. However, Jasvinder also made it clear that schools and community leaders had a pivotal role to play in bringing about change and awareness. She added. "This is not a cultural or religious issue. Neither Islam or Sikhism permits forced marriage. We must not allow political correctness to lead us to moral blindness. Cultural acceptance does not mean accepting the unacceptable. All agencies must play a part."
Mental Health and offenders engaging with our partners on the issues
What are the issues?
The sheer number of people in prison or going through the criminal justice system who have mental health problems and whose offence may have been primarily caused through this ill health. Is this system always the right solution? What are the options? How do we work with partners to quickly identify offenders who have serious mental health issues? How do we address these and yet see that justice is served?
The CPS has a responsibility, as outlined in the last edition of South West Brief for making sure that the way we prosecute cases takes reasonable account of the needs of offenders with mental health issues or learning disabilities.
In the Bristol area, we work towards making this CPS policy a reality through close working with NHS, Courts and probation service partners. On 9th May the Avon Mental Health, Social Care and Criminal Justice Group held one of their quarterly meetings and Jane Gibney attended, on behalf of Steve Carpenter, our usual representative.
We learned that CARS the Court Assessment and Referral Service - was generally working effectively. This service supports the courts and CPS through provision of specialist advice, assessments and screening of the court lists by Community Psychiatric Nurses. It is vital that reports are timely and accurate so that we can, where necessary, divert offenders in the most appropriate way.
We heard good news too about dramatic reductions in the numbers of people with serious mental health issues being held in mainstream police custody since the provision of a specialist suite in Bristol. This staffed suite assesses and safely retains people who have either offended and clearly have mental health issues or appear to be a risk to themselves or others (and are held under S136 of the Mental Health Act for example).
In April 2010, ninety people with mental health issues were recorded in police station custody. In April 2011, this number had reduced to 30 because the suite provided more appropriate care and safety.
