By Luke Kelly

This rapid literature review finds evidence of varied bail conditions in Kenya, Uganda, Rwanda and Tanzania. The African Charter, which all the states have ratified, supports the right to bail, as do other international instruments. Most of the countries surveyed allow bail, but conditions vary as do practical applications. This review surveys the law on bail, as well as evidence on how the laws are enacted in practice. Legal documents, as well as academic and policy analysis have been used. This includes some analysis of "wider structural socio-political contexts, existing institutions/rules of the game (both formal and informal), associated incentive and interest structures and the particular features of the balance of power between relevant actors and stakeholders. This review highlights some key findings, including in Kenya, there is a right to bail for all offences (serious offences by a court only), but much discretion is granted to the authorities, and research has found that the rules are applied inconsistently and there is a high rate of pre-trial detention. Meanwhile, bail is a right for most in Uganda, but bail for some serious crimes can only be granted by the High Court; however, in practice, it is hard to get bail and there is a high rate of pre-trial detention. In Rwanda, bail may be given for all offences provided conditions are met and the rate of pre-trial detention is relatively low, although there is evidence that some are detained outside of the judicial system and without a trial or the option of bail. Finally, in Tanzania, bail can be granted with certain mandatory restrictions and there is an on-going legal dispute about whether the right to bail extends to those accused of certain serious crimes. Research shows refusal of bail is being used against critics of the Tanzanian government and there is a high rate of pre-trial detention.

Brighton, UK: Institute of Development Studies, K4D helpdesk service, 2020. 14p.

By Kisha Bird, Caitlin Dawkins, and Lisa Johnson

Too many young people cycle in and out of prison, jails, and detention centers and face probation and parole conditions that keep them locked out of opportunity. These interactions with the criminal justice system demand the need for both equitable practices and programs that support second chances and large-scale investments in decarceration. They also require critical analysis and undoing of historical policies that manifest in an unequal and unjust criminal justice system. From Surviving to Thriving: Supporting Transformation, Reentry and Connections to Employment for Young Adults, from FHI 360 and CLASP, offers practical programmatic solutions that support second chances for young people and raise policy and systems considerations to address equity, collateral consequences, and opportunity. The report features insights of best practices from nine communities that are part of the Compass Rose Collaborative (CRC). Launched in 2017, the CRC began as a three-year program funded by the U.S. Department of Labor (DOL). The CRC connects young adults ages 18-24 who have had contact with the juvenile justice or criminal justice system to employment, education pathways, and supportive services across nine communities. Policymakers and practitioners can use this analysis to increase equity and access to jobs and education for young people in need of another chance and in navigating the converging fields of workforce development, education, and criminal justice. Ultimately, the lessons shared here can offer a variety of stakeholders, including public agencies and employers, a roadmap to better understand strategies to support dismantling structural barriers and implementing strategies that support young adults on a journey of transformation and connectedness.

Washington, DC: CLASP, 2020. 28p.

By Ireland. Department of Health, Ireland. Department of Justice

It is increasingly recognised that the criminal justice system and in particular prison are not suitable to address the specific needs and challenges of those with mental health and drug addictions. The two reports of the Interdepartmental Group (IDG) to examine issues relating to people with mental illness who come in contact with the Criminal Justice System (dating from 2012 and 2018) contain recommendations on addressing the issues around this complex challenge. The Programme for Government: Our Shared Future is committed to the establishment of a Task Force to consider the mental health and addiction issues of persons in prison and primary care support on release. It also acknowledged the recent Mental Health Policy Sharing the Vision (StV) and committed to establishing the National Implementation and Monitoring Committee to oversee this work. The task force had three subgroups focused on three key elements to holistically meet these needs going forward; One subgroup, on Diversion, chaired by a member of An Garda Síochána, focused on diverting individuals with mental illness who have committed minor offences from progressing into the criminal justice system, in the best interests of both the public and the individual concerned. A second subgroup, on Irish Prison Service/Central Mental Hospital Capacity, which was chaired by an Irish Prison Service Director, examined the existing and future needs of individuals within the custodial criminal justice system. The objective of this group was to ensure that there is adequate provision of services to meet the mental health and dual diagnosis needs of those in prison. A third subgroup  examined community issues and through-care upon release from custody, and was chaired by the Director of the Probation Service. The objective of this group was to ensure that there are sufficient safeguards in place and adequate provision of services to prevent individuals from relapsing into damaging behaviours undermining the rehabilitative efforts made by the individual and the State. Overall, the Taskforce has put forward 61 recommendations which emphasise the shared responsibility of a number of Government Departments and agencies to deliver on meeting the needs of those with mental health and addiction challenges who come into contact with the criminal justice system.

Key actions include:

• Progressive and empathetic approach by Gardaí to dealing with offenders with mental health and addiction challenges, informed by mental health and addiction awareness training for Gardaí 

• Efficient and effective means of implementing a prosecution avoidance policy when Garda members come in contact with adults with mental illness and addiction, through the adult caution scheme

• The establishment of a pilot specialist dual diagnosis service to support prisoners with a mental health condition and substance misuse in a prison, to inform roll-out across the entire prison estate

• Access to tiered mental health supports that are recovery-oriented for every person with mental health difficulties coming into contact with the forensic system

• Reducing attrition by maintaining engagement and motivation at the point of release, including through the use of community-agreed discharge plans for prisoners (identifying multi-agency supports required).

  Dublin: Department of Health; Department of Justice.2022. 231p.

By The Criminal Justice Alliance

A new report from the Criminal Justice Alliance (CJA) highlights the pressing need for greater racial diversity and inclusion within the criminal justice workforce and offers pragmatic solutions to address long-standing, systemic issues. Launched on 5 June, Beyond a numbers game is the result of a three-year examination of racial diversity and inclusion across the criminal justice system including the 2020 launch event featuring David Lammy MP and Rt Hon Robert Buckland KC MP. Beyond a numbers game comes in the wake of significant reports and reviews including the Macpherson Report, the Lammy Review, and the Casey Review, highlighting the presence of racism and its harmful impact on racially minoritised staff and those directly impacted by the system. The CJA acknowledges incremental progress has been made regarding recruitment of racially minoritised people in the criminal justice workforce but highlights the need for sector employers to go further and faster to promote retention and progression, as well as to address toxic workplace cultures. The report includes examples of good practice and checklists containing pragmatic solutions for criminal justice sector employers to consider creating a more inclusive, safe and positive work environment for all. It also provides recommendations for government to take a more joined-up and holistic approach to this issue across the CJS. ‘The launch of this report marks a crucial milestone in addressing the pressing need for greater diversity and inclusion within the criminal justice workforce. The CJA’s comprehensive analysis and recommendations provide a roadmap for positive change and offer hope for a more equitable and just system.’ Mark Blake, Policy Manager at the CJA commented. ‘We call upon stakeholders within the CJS to share the report and its recommendations, engaging in open conversations about implementing pragmatic steps. By working together, the criminal justice community can create environments that reflect the diverse populations they serve.’

Key findings:

Recruitment:

Criminal justice agencies’ poor reputation among underrepresented communities hinders diverse candidate recruitment.Targeted outreach, engagement, and addressing systemic issues are crucial to attract a wider range of candidates.Despite lots of activity to improve recruitment, it is inconsistent and positive action is underused.

Retention and Inclusion:

Racial discrimination and toxic workplace cultures are pervasive issues impacting staff safety, satisfaction and retention.Leadership commitment is often lacking and race equality initiatives are often inadequately resourced.Racially minoritised staff often take on the work of improving diversity and inclusion in addition to their day jobs and feel undervalued.

Progression:

Racially minoritised staff are often looked over for career development opportunities and promotions due to structural barriers, biased assessment processes, and lack of diversity in senior management positions.

High-level policy recommendations:

Tackling racial disparities:

Implement recommendations from race reports and improve adherence to the Public Sector Equality Duty.Publish progress updates, establish a database of policies and Equality Impact Assessments, and analyse cumulative impacts on racial groups.

Multi-agency approach:

Form a working group of government officials, criminal justice agency representatives, and race equality organizations.Develop consistent data collection, establish accountability mechanisms, and facilitate sharing of good practice examples.

Voluntary sector engagement:

The criminal justice voluntary sector should enhance recording and sharing of workforce data to measure progress effectively.

Resource allocation:

Allocate adequate resources, including investment in organizations promoting racial diversity and inclusion, as reparations for past harms. Key speakers at the launch event included Abimbola Johnson, prominent barrister and Chair of the Independent Scrutiny and Oversight Board for the Police Race Action Plan. Abimbola noted the devolved nature of decision-making and the lack of transparency, which hinder community scrutiny and make comparison between units and forces challenging. “Workforce reform requires ownership by all, not just the enthusiastic volunteers who frequently come from recially minoritised backgrounds.” Avtar Singh, HM Inspector of Probation, shared insights from the forthcoming two-year follow-up report on race in the criminal justice system. While acknowledging some progress, Avtar stressed that more work remains to be done. “What is important for probation as a whole, is to reflect the population in the local communities from which staff and service users are drawn.” Sarah Coccia, Executive Director of South Public Sector Prisons – HMPPS, underscored the need for collaboration across the entire criminal justice system. Sarah expressed the urgency to think differently and take long-term ambitions into account to avoid repeating the same challenges in the future “None of us works in isolation, system is fundamentally joined up – we need to not just look at our own bit but look across the system.”

Criminal Justice Alliance (UK), 2023.56p.

By Oli Hutt, Head of Analytics | Greg O’Meara, Analyst

Rising demand and squeezed budgets over the past decade have left the criminal justice system (CJS) struggling to manage day-to-day. Changes to address a specific issue in one agency cascade unintentional negative consequences, creating friction elsewhere which slows cases and reduces the likelihood of successful outcomes. Better modeling of the systemic impact of individual agency choices is required to prevent the system from lurching with every change. The lack of a joined-up accountability structure severely hinders the efficacy of the CJS as a whole. Whilst individual agencies have a common aim, their objectives and resources are often unaligned or even in direct conflict. This impacts on victims, witnesses, and defendants who experience a highly fragmented, frustrating, and stressful process. Cooperation is held back by a lack of basic data sharing. Better standardization and coordination is needed on basics such as data format, transfer, frequency, etc.) and co-design of systems to enable more joined-up working. A duty to share data should be considered as a way to drive greater cooperation across the CJS. Practitioners from across the CJS are clear on what needs to change to make this happen. However, the willingness of agencies to work together is limited- in part because they lack the resources required. There are success stories, but these are typically localized and not embedded. Yet there is cause for hope. Better use of technology can enable better decision-making and improve efficiency and effectiveness; our recommendations are focused on these objectives. Relatively minor investment would deliver targeted solutions e.g.- digital devices in prisons and courts, redaction tools for police and data sharing agreements. By reducing data entry and data error, these would free up police and prison officer time and remove delays in data sharing across the CJS. However, these require the central government to invest to realize the systemic benefit they could deliver. Technology also offers relief to recruitment and morale issues by automating standard processes that are inconsistently applied and time-consuming to learn, and by removing the burden on staff often required to work outside their skill set. Agencies should recruit and retain specialist (particularly technical) staff rather than relying on current staff to cover these needs inefficiently. Longer-term, more fundamental, systemic change is required, including a single accountability structure for the entire CJS; a victim/witness-centric design that maximizes engagement throughout the process and leads to swift and fair outcomes for all through system-wide case management and data sharing. These longer-term requirements should not stop the government from progressing the changes outlined above, and other recommendations that can be implemented immediately at a relatively low cost. The greatest risk facing the criminal justice system is inaction

London: Crest Advisory, 2022. 42p.