Offenders: Rehabilitation

We know that continued engagement with treatment is vital to addressing the underlying causes of offending. That is why we want to divert offenders with a substance misuse need away from custody and into community treatment where appropriate. For those where a prison sentence is appropriate, we need to make prison a place that reforms offenders and supports them to recover from substance misuse.

The Ministry of Justice works closely with NHS England and the Department for Health and Social Care (DHSC) to ensure that all offenders who need it have access to high-quality alcohol and substance misuse treatment. Responsibility for commissioning and delivery of substance misuse treatment in the community lies with Local Authorities, and NHS England is responsible for treatment in custody. While decisions about future funding positions are ongoing, they are considering the needs of offenders. This is demonstrated by DHSC’s existing, targeted investment to support those referred by the criminal justice system, including funding 575 drug and alcohol workers with criminal justice specialisms who work closely with prisons, probation and in courts as well as the police to improve access to and quality of treatment. The National Partnership Agreement sets out the basis of a shared understanding of, and commitment to, the way in which the partners will work together.

The Ministry of Justice’s overall Impact Assessment was published with the Sentencing Bill and noted that more offenders can be expected to be diverted from short custodial sentences to suspended sentence orders. This will likely result in more people in the community who would have otherwise required treatment in prison needing support. We are also extending drug testing powers through the Sentencing Bill, meaning any offender on licence can be tested. This may lead to an increase in treatment referrals.

The Impact Assessment sets out that delivering treatment in prison is often more costly than delivering it in the community. By diverting someone from prison, we are not increasing the number of people who need treatment but are changing the setting in which they receive it. We are working closely with DHSC on the impacts and will be engaging with the sector.