Social Work Roles And Criminal Justice Settings Social Work Essay

loving ready Roles And felonious evaluator Settings well-dis conveyd conk place Essaythither be some competing pressures to direct the service in ways that may non be consistent with neighborly effect principles towards greater penal and punitory models. It is thusly essential to arrive a clear understanding of the constitution and legal frame carry that creates the remit and legitimacy for the operation of genial hunt down in the deplorable nicety process (Whyte, 2001, p.7).Statute justness is created by Acts of the UK and Scottish Parliaments and relies upon rulings made in Court Hearings to garnish precedents that define and view key terms i.e. Case Law. Understanding the honor is funda kind to exercise in venomous arbiter settings. wicked Law is a right on instrument of social bind and sanctions and the evil Courts set out the potential to take down restrictions of indecorum of respective(prenominal)s. kindly useers oblige a responsibility t owards the command humankind and the dallyyards to protect the public and ensure their well existence however, there is similarly compact towards those who be in the Criminal umpire process who may be vulnerable and in need of serve provided by Social buy the farm at. It is therefore essential that all p voices overhear an understanding of the legal frameworks that govern Criminal Justice Social Work and argon aw ar of the scope and limitations of their mandatory (Whyte, 2001). However, law is subject to change and wicked justice policy is much liable to sudden, semipolitically motivated changes of direction than is social policy in other fields (Smith, 2002, p.309)The law defines what a crime is, rules of show up and outlaw procedure. However, discretion is given to those involved and therefore, the turn justice process is non schemeatic. The judiciary, police and social work energize differing mappings, agendas, value and article of beliefs which argon mold by training and cultures which net make working indoors the system difficult due to drop of shared understanding of common aims and soulfulness roles.Social Work involves working with the marginalised and detrimentd and loafer be twain vulnerable to crime and susceptible to criminalisation and form involves work with victims or wrongdoers. topical anaesthetic Authorities have statutory responsibility to provide Criminal Justice Social Work attend tos to support the Criminal Justice Process through legal opinion of individuals, knowledge to the Courts and supervision of wrongdoers.Scotland differs from the rest of the UK in that there is a unique cultural and political heritage and a separate legal system. Social Work therefore, has a central role within the Criminal Justice process in Scotland which is in personalised credit line to England and Wales where probation work is commissioned by the National Offender Management Service (NOMS) which is separate from L ocal Authority control and Social Work functions and shows a difference in their onslaughtes in responding to crime. As McAra (2005) suggests a more benefit orientated approach has been adopted due to its legal culture and political history.The legal framework outlining powers and duties of Criminal Justice Social Work is the Social Work Scotland Act 1968 (as amended). Section 27 of this Act outlines the duty by Local Authorities to provide specific Criminal Justice serve (e.g. social background reports, supervision of offenders on an Order or Licence) in respect of central government funding however, it does non explain the objectives of these go or provide guidance on their exercise. Section 12 gives Local Authorities (LAs) discretion to provide additional services (e.g. victims) as subtract of the general responsibility to promote social benefit.Probation or offender services became the responsibility of the Local Authority Social Work Departments in 1968 and had a general duty to promote social welfare in their locality (S12, Social Work (Scotland) Act 1968). This was due to the Kilbrandon Committee (Kilbrandon, 1964) being name to investigate increasing juvenile crime. The Kilbrandon Report recommended a new approach to childrens services base on the needs of children and families and those who offend should be interact the same as those children requiring care and protection. Kilbrandon also suggested diversion and early unpaid intervention as crime prevention and one department for children and adults. This connect of work with adult offenders was pivotal in recognising work with offenders as having a welfare component admittedly with a level of control. Although the Kilbrandon philosophy followed trends of the cartridge clip which advocated rehabilitation and treatment of offenders and an awareness of the social causes of crime, this is still graduate(prenominal)ly pertinent to todays rehearse.From the 1980s onwards Criminal Justice in Scotland has undergone major legislative andpolicy change due to successive governments. As there was revive for public protectionand club disposal legalness in 1991, nose candy per cent central government funding wasintroduced and the National Objectives and Standards were published which set out midpoint objectives, service provision and guidance on their words (Social Work Group, 1991).This resulted in the government committing to Social Work delivering this role. This policy written text outlined by Rifkind in 1989 has survived changes in political administrationalthough, it has been suggested that decadency has caused a sudden and dramaticpoliticisation of Criminal Justice issues and could undermine the welfare tradition (McNeilland Batchelor, 2004 Croal, 2005).Social Work with offenders should aim to address and reduce offend behaviour. Whilst the law provides a framework for practice, effective work with offenders quests Social Work skills such as communication, the rapeutic relationships in supervision, sagacity and jeopardy management. The travail is therefore, varied and complex as Social proles have the power to control the individuals who are referred via the Courts and enforce any Court Orders only if must also work with an offender in a holistic, inclusive way to have a positive bear upon on their offending behaviour and this can be through support and assistance in relation to personal and social problems but also the individual taking responsibility for their actions. potent and ethical practice is therefore, about forecasting and managing the needs and rights of the Courts, the general public, victims and offenders. Although Social Workers have statutory duties and powers to interfere in peoples lives this is not always welcome but is necessary in promoting public prophylactic. Under the Scottish Social Work operate Council (SSSC) Code of Practice Social Workers have an obligation to hold public trust and confidence and the Criminal Justice Authorities (CJAs) are required by Scottish Executive guidance to reveal a strategy to address this (Scottish Executive, 2006b). This strategy includes both offenders and their families and Social Workers should engage these individuals and do their views in the development of services.Both Criminal Law and Social Work recognise the autonomy of individuals choices on how they lead their lives and with this capacity is criminal responsibility. Those of which who lack capacity (e.g. children and the mentally dis determineed) are not culpable in the eye of the law and may be treated differently. It is therefore recognised that criminal behaviour is not just a choice but may be about social heap to which they have minimal control. Social Workers should assist in allowing individuals to improve their capacity for making choices together with consequences to their actions (ADSW, 1996a).Although Social Workers are obliged to protect the rights and interests of service u sers there is a belief amongst the general public that they have forfeited these rights when they have offended. All Criminal Justice agencies must comply with the humane Rights Act 1988 which incorporates into domestic law the fundamental rights set out in the European Convention of Human Rights (ECHR). Public Authorities are required to respect all of the provision however, the two articles with particular relevance to Criminal Law and Social Work are the right to self-direction and security (Article 5. ECHR) and the right to a uninfected trial (Article 6, ECHR). However, the state can impose restrictions on those who breach criminal law or are a threat to public safety as long as the detention is creatorised by law and there is a chemical equilibrium between the individual, their victims and the general public. The Social Worker must assess this balance through rigorous sound judgement and digest of seek. The Social Work role requires respect to offenders as individuals and ensure that the offenders strength and right to function as a member of society is not impaired to a greater extent than is necessary in the interests of justice (ADSW, 1996a).Criminal Justice Social Work services are delivered in partnership with various statutory and non-statutory agencies and this can present challenges due to contrasted maestro set and aims. The Management of Offenders etc. (Scotland) Act 2005 was introduced to improve articulate working and co-ordinate the management of offenders especially in the transition from men to community supervision and places a duty on Criminal Justice Authorities (CJAs) to have an information share-out process in put together that relevant information is shared between agencies (s.3 (5)(g)) for improving offender and risk management. However, sensitive personal information must be handled carefully and be under the principles of the Data Protection Act 1988 and local agency protocols. Practitioners within Social Work must ensure that any information sharing decisions are fully explained and understood by the offender even when their hold to disclosure is not required.Organisations who deliver public services have general duties to eliminate culpable discrimination and promote equality of opportunity on the grounds of race (Race Relations (Amendment) Act 2000), sex (Equality Act 2006), and impediment (Disability Discrimination Act 2005). Individuals who are involved with Criminal Justice organisations are entitled to the protection of discrimination laws which relate to sex, race, disability, religious beliefs and sexual orientation, with excommunication to exercising judicial functions or carrying out Court orders. In these circumstances it may be within Article 14 of the ECHR which prevents to the right to liberty and security of the individual or the right to a fair trial being interfered with on a wide range of discriminatory grounds. Criminal Justice is still influenced by prejudicial and dis criminatory views.Research has been carried out by both the Social Work and Prisons Inspectorate for Scotland (1998) which talllighted concerns about the treatment of feminine offenders in the Criminal Justice process. In addition to this, several inquiries in England and Wales in relation to racial discrimination by the police and prison services has subsequently raised public awareness (Macpherson, 1999 Keith, 2006). The Scottish governing has a duty to publish information of discrimination of any unlawful grounds (s.306 (1)(b) Criminal influence (Scotland) Act 1995) and therefore, all workers need to practice in an anti-discriminatory way.The law outlines the limits of Social Work intervention and knowledge of the law is essential to anti-oppressive practice. The only legitimacy for intervening in the life of the individual within the criminal justice process is the individuals offending behaviourif individuals have social needs which require to be met but are not crime rela ted or crime producing, or if the offence is not sufficiently serious to fall within the criteria of the twin-track approach, services should be offered, as far as potential, through voluntary provisionNo-one should be move into the criminal justice processes in order to receive social work help (Moore and Whyte, 1998, p.24).Rehabilitative intervention is not just about part it imposes limitations on the rights of the individual who is subject to the intervention. riskiness opinion and offence based practice is an ethical approach. It aims to ensure that the most(prenominal) intensive and potentially most intrusive services are focused on those service users who pose the greatest risk of causing damage to others (ADSW, 2003) and to prevent socially disadvantaged individuals being taken further into criminal justice control which can result in further social riddance.Criminal Justice Social Workers must take note that the role involves work with disadvantaged social groups. Ce rtain types of crimes and offenders often criminalise the young, deprived, unemployed and undereducated male with an image of the care system and this is clear from Social Work and prison statistics (Croall, 2005 McAra and McVie, 2005). There is often a complex relationship between social exclusion and offending behaviour and often the Criminal Justice process displays existent injustices within society. It is important that issues in relation to class, age and social demo setting should be recognised together with vulnerability to discrimination.The Social Workers role should be to address issues of social exclusion and empower individuals to lead law fixed lives by addressing their offending behaviour. Social Work can help offenders develop capacity to make informed choices by actively encouraging their lodge in the supervision/change process and their engagement with improving their new social situation (McCulloch, 2005 McNeill, 2004). Assisting offenders to focus on their strengths as opposed to their risk and needs can have a positive impact as they learn to recognise the value in their own lives and respecting the value of others.The sentencing stage in the criminal justice process generates the majority of Criminal Justice Social Work through provision of information to the Court in the form of Social Enquiry Reports (SERs) and the administration of community disposals, with the exception of liberty orders (tagging). SERs have no legal basis but there is a statutory duty on criminal justice social work to provide reports to the Court for disposal of a case (s.27(1)(a) SWSA 1968. Reports provide the court with the information and advice they need in deciding on the most steal way to deal with offenders. They include information and advice about the feasibility of community based disposals, particularly those involving local authority supervision. In the case of every(prenominal) offender under 21 and any offender facing manpower for the first m , the court must welcome information and advice about whether a community based disposal is available and appropriate. In the event of handcuffs, the court requires advice about the possible need for a Supervised Release order or Extended Sentence Supervision on release. (Scottish Executive, 2004d, para. 1.5)The Criminal Procedure (Scotland) Act 1995 sets out when the court can or must obtain an SER. Failure to request a report, where required by law, can result in a sentence being quashed on appeal. The Court is not obliged to follow recommendations or opinions in the SER however, Social workers can have a direct influence on the sentence passed.Preparing SERs demands a high standard of professional practice. It requires skilled interviewing, the ability to collect and assess information from different sources, and the art of writing a report which is dependable, constructive, impartial and apprize (Social Work Services Inspectorate (SWSI), 1996, Foreword).The law imposes time l imits in compiling reports. The Courts require a report within three weeks (s.201(3) (a) if an offender is remanded in custody and within four weeks if the offender is on bail (s.21(3)(b) of the 1995 Act). This means in practice that there are increased demands on a workers time that places increased pressure in the preparation of SERs especially if there are high numbers of worker absence due to leave or whether the worker knows the offender and their individual circumstances. Whilst conducting interviews the worker must ensure that the offender understands the purpose of the report, the relevance of questions (health, addiction issues, and personal relationships) and the limits to confidentiality of this information. Social workers must balance between an informed recommendation and an awareness of the severity of the offence. The report author should be impartial and not minimise the seriousness of the offence and its impact (NOS, Scottish Executive, 2004d, para 5.5) and phrases that imply moral judgements, label or boss offenders should not be used (para. 5.1).When compiling an SER workers are required to consider the suitability of disposals in relation to the risk posed by an offender and to target appropriate resources which are most appropriate and successful in addressing offending behaviour. Guidelines for the assessment and management of risk are outlined in the Management and Assessment of put on the line in Social Work Services (SWSI, 2000) and there are also additional risk assessment frameworks which specifically relate to serious violent and sex offenders. In Criminal Justice the focus has moved from risk of custody to risk of reoffending and risk of harm. Risk assessment is complex and there has been a shift from concern for the offender and their needs to concern about public safety and the offender being a potential source of risk to others. Although the legislation is not overt about offending behaviour, National Standards state that SE Rs should provide information and advice which result help the Court decide the available sentencing optionsby assessing the risk of reoffending, andthe possible harm to others. This requires an investigation of offending behaviour and of the offenders circumstances, attitudes and motivation to change (Scottish Executive, 2004d, 1.6).Risk is defined by Kemshall (1996) as the probability of a future ostracize or harmful event and assessment of risk includes the likliehood of an event occurring, who is in all probability to be at risk, the nature of the harm which they might be open(a) and the impact and consequences of the harmful event.Risk assessment has changed over the years and former to the introduction of risk assessment tools workers relied on clinical methods or professional judgement which was based on an offenders history. These methods were criticised for being too subjective, inaccurate, open to worker bias and dependent on information given by the offender. In the 1990s workers moved towards objective and empirically based risk assessment tools (actuarial) to support their assessment. Actuarial risk assessment tools rely on nonoperational (historical) risk factors together with dynamic (criminogenic) risk factors and to assess the risk of reoffending.The stable factors (which cannot change) take into account gender, age at first conviction, number of front offences and custodial experiences, school progress, previous employment and personal history. The criminogenic factors (focus on incumbent areas) include current employment, personal relationships, peer associates, use of time, substance use, mental health and attitudes and behaviour. All of these factors impact on the risk of reoffending (Bonta, 1996). The most wide used assessment tool, The Level of Service Inventory Revised (LSI-R) devised by Andrews and Bonta (1995) incorporates both static and dynamic factors. However, it does not assess risk of harm and this shows that both actu arial and clinical risk assessments are decisive for an effective and comprehensive risk assessment. Clinical methods combine knowledge of the offenders personality, habits lifestyle and an analytic thinking of the circumstances of the offending behaviour and are therefore, the most appropriate assessment tool at identifying those who are likely to cause serious harm. Although more time consuming and require more in-depth analysis of both the offender and the offence risk is assessed on predispositions, motivation towards certain behaviours and triggers that may ease up to harmful behaviour.Actuarial tools are not totally accurate (Kemshall, 1996) and although this is improve upon through use of clinical methods in decision making, professional judgement is also crucial. Social workers must be aware that social disadvantage plays a part and this can contribute to a higher assessment of risk and need and to be cautious about the total reliableness of these factors when making rec ommendations that may affect an offenders liberty.Risk assessment and intervention or supervision should be informed by valid, reliable and ongoing assessment and Social Workers should familiarise themselves with research emerging in this area and the many assessment tools and change programmes available (Levy et.al., 2002).To support change Social Workers have to not just think about what work is done with the offender but how that work is done. Offenders under supervision have very high levels of need. Moreover, although most offenders have many needs in common, there are also significant variations that necessitate the thoughtful tailoring of individual interventions if the effectiveness of practice is to be maximised. In delivering effective practice, the accumulated weight of evidencedrives us towards recognition that practice skills in general and relationship skills in particular are at least as critical in reducing re-offending as programme content (McNeill et al., 2005, p. 5). This recent review of core skills required for effective Criminal Justice Social Work practice raises challenges in practising ethically and effectively but when applied critically and reflectively this could achieve positive outcomes that are in the interest of the public, victims and offenders.Although the law is crucial in framing Social Work practice in the Criminal Justice process it is equally important that Social Work skills and values are central to effective interventions as the role is both demanding and rewarding. abomination has become increasingly prominent both in the public and political agenda and therefore, Social Work has become more prominent and complex. Social Workers have a professional responsibility towards victims, the Court, community and offenders. To fulfil this role effectively, Social Workers must have a clear, confident understanding of their role, the legislative and policy context and a commitment to increasing and developing knowledge, skills and values required for effective and ethical practice.