Coalition can break from failed justice policy

Abandoning the obsessive concentration on increasing prison capacity will allow the government to restructure justice system

What strikes you most about the new justice policy outlined in the coalition programme for government is the absence of rhetoric. The new watchwords are moderation, common sense and effectiveness. As an example: everyone knows that drugs and drink fuel crime and antisocial behaviour – so let's deal with addictions and binge-drinking in a way that reduces harm and cuts costs. The coalition government appears to be taking the opportunity to break with the failed legacy of vacuous prison-building and instead concentrate on what works in justice policy.

When the new justice secretary, Kenneth Clarke, was last in charge of prisons and penal policy, as home secretary, the average prison population in England and Wales (1992–1993) was 44,628. That figure now stands at over 85,000 – a number Clarke described after his appointment as "extraordinarily high". The political arms race over the criminal justice policy indulged in by successive Conservative and Labour administrations over the past two decades has seen the UK prison population grow from average to the highest in western Europe. As outlined in the Prison Reform Trust briefing launched this week, the social and economic costs of our addiction to custody have been immense.

In the current climate it would be a form of economic madness to allow the prison population to continue to spiral out of control. Each new prison place costs £170,000 to build and maintain, and the cost per prisoner per year is £45,000. Total prison expenditure increased from £2.843bn in 1995 to £4.325bn in 2006. Despite its exorbitant cost, prison has a poor record for reducing reoffending – 49% of adults are reconvicted within one year of being released, and for those serving sentences of less than 12 months this increases to 61%. The National Audit Office estimates that reoffending by all recent ex-prisoners costs the taxpayer between £9.5bn and £13bn a year.

The coalition can draw on lessons from abroad where justice reinvestment and prisoner re-entry programmes, driven by economic necessity in many states in America, have had considerable success at reducing crime and rates of reoffending. Closer to home, restorative justice with young people in Northern Ireland has delivered a reduction in youth crime, a drop in child custody and a 90% victim satisfaction rate. Integrated offender management schemes piloted in parts of England and Wales have achieved impressive results and are waiting to be rolled out nationally.

A breathing space from obsessive concentration on increasing prison capacity at all costs would give the government time to restructure the system so that local authorities, voluntary organisations, and police and probation services work more closely together to develop community solutions to crime that inspire public and judicial confidence.

A moratorium – a proposal welcomed by the Ministry of Justice as "timely and interesting" – would also allow time for the coalition partners to capitalise on the considerable areas of agreement between them on justice policy and, where there are differences, resolve them in a rational manner. In the Liberal Democrat and Conservative election manifestos there was broad consensus on investing in getting children out of trouble and nipping youth crime in the bud, diverting addicts and people who are mentally ill into effective treatment and, at the other end of the spectrum, informing and supporting victims, transforming prisoner rehabilitation and cutting reoffending on release.

The new justice policy fuses these plans and, although moderate in tone, could deliver the prize of increasing public safety while at the same time reducing the cost burden imposed by excessive use of custody.

A review of sentencing could be useful. The glut of legislation, raft of new offences and mandatory penalties and overall growth in the punishment industry all need unpicking. New ministers will need to examine the explosion in indeterminate sentencing – which has increased from 3,000 indeterminate sentences in 1992 to 12,822 in March 2010. The freedom bill will be an opportunity to review the civil-liberty crushing IPP sentence, which has led to thousands of people being held in jail long after their tariff has expired. It will be important, too, to look at the high number of recalls for breach of license and any unnecessary use of custodial remand.

As Alan Travis highlights in the Guardian, in the past the new justice secretary has been highly critical of the unchecked expansion of the prison population. In a debate on prison policy in the House of Commons in June 2007, Clarke called for "a change of culture in which the platitudes about community sentences and making prison only for those who need it are turned into reality by returning proper discretion to the courts and ensuring that prisons are used only for violent, dangerous and recidivist criminals in conditions in which there is some hope that some of them will be rehabilitated". As a moderate prescription for reforming our overcrowded and underperforming prison system the new coalition government could do a lot worse.

Juliet Lyons, Prison Reform Trust
http://www.guardian.co.uk/commentisfree/2010/may/21/coalition-can-break-from-failed-justice-policy

Criminal Justice Alliance

It is not often than you see a good news story in the criminal justice arena, but against all expectations the tide does seem to be turning in youth justice. According to Government figures (http://www.dcsf.gov.uk/rsgateway/DB/STR/d000895/index.shtml), the number of first time entrants into the youth justice system has fallen substantially, with 74,033 young people aged 10-17 receiving their first reprimand, warning or conviction in England in 2008-09, a decrease of a startling 21.6% from 94,481 young people in 2007-08 and down from a peak of 104,361 in 2006-07. Meanwhile the number of young people in custody has also fallen (http://www.cypnow.co.uk/bulletins/Youth-Justice/news/982724/?DCMP=EMC-YouthJustice), with 2,203 under-18s in custody in December 2009, down by nearly 1,000 from a peak of 3,175 in October 2002.

Clearly, too many young people still come into contact with the youth justice system, and nobody should be satisfied with what is still a high level of youth custody. But progress is, at last, being made. So what is causing this? Nobody seems to know for sure. The abandonment of the notorious ‘Offences Brought to Justice’ target has probably played a part in the reduction in the number of first time entrants into the youth justice system. This target had a disproportionate impact on under-18s, who were more likely to be targeted unnecessarily in the drive to meet it. Scrapping the target should have made it easier for the police to deal with minor offences informally.

Alongside this, a shaky political consensus appears to be emerging that too many young people are being criminalised, and that better ways can be found to address troublesome behaviour by children and young people. This is exemplified by the Government’s public statements in support of the falling number of first time entrants into the youth justice system, the Conservatives’ attempts, however clumsy, to find ways of addressing youth offending outside the formal youth justice system, and the Liberal Democrats’ criticism of the Government for their previous ‘unprecedented criminalisation of our children’. It is far from perfect, of course, and there are still far too many occasions when politicians from all parties use crime by young people as a way of scoring political points. But the atmosphere does seem to be less febrile than it was, particularly with regards to low-level offending, although whether this will survive a hotly-contested election campaign remains to be seen.

The falling number of first time entrants into the youth justice system will, in turn, have had a significant effect on the number of young people who, once caught up in the youth justice system, end up in custody. It is likely that other factors will also have had an impact. The use of custody may, for example, have been affected by the work of the Youth Justice Board to persuade courts and youth offending teams to have confidence in alternative options. However, why that would have been successful now, but not previously, is not clear. There is also a vibrant campaigning environment around the issue of youth justice, including, for example, the Prison Reform Trust’s Out of Trouble campaign (http://www.outoftrouble.org.uk/) and the work of the Standing Committee for Youth Justice (http://www.scyj.org.uk/). By and large, this work has the support of children’s charities such as the Children’s Society and the NSPCC, which arguably command more public support than traditional penal reformers. This campaigning work may finally be having an impact.

Whatever the causes, the drop in the use of youth custody, in particular, is extremely welcome. Unfortunately, there has been no parallel reduction in the adult prison population, which continues to grow at an unsustainable rate. So alongside a clearer understanding of what caused the reduction in the use of custody for young people and how this can be sustained, what we also need to examine is how similar gains can be made in reducing the adult prison population and reversing the escalation in the use, and the reach, of the adult criminal justice system.

Jon Collins,
Campaign Director,
Criminal Justice Alliance (www.criminaljusticealliance.org)