Launch of the National Enforcement Service (NES)
Read the press release on the DCA website.
On the 15th March Lord Falconer and Chris Leslie announced the National Enforcement Service (NES). This builds of the real progress made to date in improving enforcement performance and following the launch of the HMCS will be the next major step to introducing a framework for improved enforcement and sentence compliance. It will deliver a distinct & clearly identifiable body of enforcement professionals that will target wilful fine defaulters, those skipping bail and community penalty breaches.
Approval for taking this programme of work forward was given by the National Criminal Justice Board (NCJB) with a view to full implementation in 2007/08.
What is the National Enforcement Service?
The National Enforcement Service will build on the wide range of initiatives currently being taken forward to improve performance across all aspects of criminal enforcement (fines, community penalty breach and fail to attend warrants, plus asset recovery).
It will put in place a framework for improved enforcement and sentence compliance, with a distinct and clearly identifiable body of enforcement professionals that will focus on fine defaulters, those skipping bail and community penalty breaches.
Under a National Enforcement Service there will be more collaboration, increased intelligence sharing, centralised information, standard processes and procedures and less duplication between HMCS and other CJS agencies such as the Police, Local Criminal Justice Boards, National Offender Management Service and the Crown Prosecution Service.
Why do we need a National Enforcement Service?
Although enforcement performance has improved dramatically over the past 18 months there are a number of actions still being taken to drive up enforcement performance as too many loopholes remain in the system, and we need to tighten the net around willful and persistent defaulters.
The launch of Her Majesty's Courts Service and the National Offender Management Service provide a golden opportunity to tackle a number of the infrastructure difficulties that have in the past hindered enforcement performance.
What are the benefits?
This new approach will deliver a range of benefits including:
- tackling the hardcore offenders more effectively;
- delivering collection rates at an optimum level;
- increase use of fines as they become a more and more effective penalty, and securing the right balance in collections;
- increase confidence in magistrates;
- increase confidence in the public with justice seen to be done;
- warrants executed more rapidly, through better prioritisation across agencies and more effective use of resources;
- as enforcement continues to improve, improved sentence compliance in the first place;
- reduce duplication of effort when today Police and Courts can be chasing the same people; and
- institutionalising lessons learned from Operation Paybacks and Turn-up.
In practice it will introduce a clearer 'police family' approach with a force with high community visibility, clear authority and appropriate powers. A National Enforcement Service will mean that Civilian Enforcement Officers will have better equipment (e.g. vehicles), wider powers, and more sophisticated better training to create highly skilled teams. For example, when arresting wilful defaulters enforcement officers will be better protected in vehicles suitable for the job.
Will it cover civil enforcement?
The launch of Her Majesty's Courts Service will provide the opportunity to amalgamate civil and criminal enforcement activity. The feasibility of this needs further testing but all types of enforcement will come under the NES umbrella. That said, there are differences in the approach that needs to be taken with civil debt, which is governed by different rules, and we need to take this into account.
Is it a government department or new Agency?
No. This is not about creating a new Agency. It builds on existing structures and systems, improved collaboration, as well as information and knowledge sharing between HMCS and other CJS agencies like the police, National Probation Service, NOMS, and the CPS. The key point is that Her Majesty's Courts Service and its enforcement force will be the senior partner in this.
What will it mean in practice?
Development of the NES will be led by Her Majesty's Courts Service. It will introduce:
- improved data flows between agencies, plus the development of better sentencing policy, the aim of which is to invigorate fines as a criminal penalty that offenders take seriously;
- a more formal cross-agency approach to tackle the hardcore of defaulters and to deliver more effective enforcement and therefore compliance;
- a more efficient and effective 'police family' approach;
- a force with high community visibility, clear authority and appropriate powers;
- better tools and specialist equipment e.g Police National Computer links, Equifax (credit reference agency database); and
- the spread of best practice throughout England and Wales.
In essence, a National Enforcement Service will enhance the profession of civilian enforcement officers so that they:
- have strengthened powers (e.g. search and entry)
- have better tools and specialist equipment at their disposal;
- are involved in all court enforcement activities across a community;
- have a distinct and visible profile in order to raise public confidence in the criminal justice system; and
- have named and accountable individuals in other CJS agencies with focus on enforcement and who will support enforcement teams.
For example court enforcement officers will on a day-to-day basis have a much closer relationship with Police counter parts. It will also strengthen the profile of enforcement in the Criminal Justice System and ensure the most appropriate response to the offenders within that system.
To test the effectiveness of National Enforcement Service framework a regional pathfinder will take place in 2006 with full implementation by 2008.