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

Solving the prisoner’s dilemma

With the glimmering colourful lights and the smell of popcorn, the Empire at Leicester square seems an unlikely place for serious discussion on public policy. Yet it may be the starting point for an important movement to change public perceptions and the politics of youth justice.

Yesterday about 400 people were gathered at the Empire for the first screening of the documentary The Fear Factory. The film powerfully described how the fear of crime is maintained by sensationalist media coverage and the cynical tactics of political parties. This has lead to harsher and more punitive responses to youth crime, which in many cases do little more than entrench the criminal behaviour. The documentary, produced by Spirit Level Films, is connected with a campaign for a criminal justice policy that is more humane and long-term in its perspective – and ultimately better at delivering safety for our neighbourhoods. nef’s latest report Punishing Costs was launched in connection with the screening.

With interviews from key experts and practitioners, the documentary shows how the public’s beliefs about the risk of becoming a victim and the general trends in the amount of crime were far from reality and all evidence. Britain has become a safer place in the past two decades – yet the fear of crime remains stubbornly high.

Unfortunately, it is perceptions that drive politics. One of the safest political strategies in the recent past has been to promise to crack down misbehaving youth and to hit them where it hurts. The Fear Factory documents how any deviation from this pattern is quickly struck down, as happened to Cameron when he suggested understanding the social causes of crime. The film also points an accusing finger at the media that gives disproportionate attention to violent cases and misrepresents sentencing as more lenient than it is in truth.

This reaction may actually create the monster that it so much fears. In the climate of alarm about youth crime, the imprisonment of children and young people has remained on very high levels. Prison as an intervention is incapable of dealing with the real causes of crime, and does little more than temporarily isolates an individual from contact with society. About three in four young people released from prison return to crime within a single year.

At the same time custody uses up massive amounts of resources that could have truly improved the safety on our streets. Our report Punishing Costs shows how the full cost of a year-long sentence in prison is £140,000. It is worth pausing to think about what could be achieved if these resources would be put to a positive use.

The screening was followed by an excellent panel that included some prominent criminologists and politicians – and an ex-editor of a tabloid who astonishingly displayed no sense of regret for his past role. Most of the panellist agreed that current policy was too much determined by knee-jerk reactions to high-visibility criminal cases in the media and an arms race between the parties to appear to be the true guardians of law and order.

One of the solutions they proposed by the speakers was to create a cross-party committee for a longer-term vision of developing criminal justice policy that all parties would sign up to. This would curtail the harmful competition between parties, which has led to the current punitive arrangements that hardly anyone believes to be productive or humane. Such a committee, together with a better debate and engagement with the public, is part of the recommendations of Punishing Costs.

Documentaries are powerful tools in transmitting knowledge and awareness of issues. At a time when the media is transmitting a largely false picture and political parties are failing to take the leadership to change perceptions, a film may be exactly the tool that is needed. I hope the Fear Factory, and the coalition forming to campaign around it, receive the attention they deserve.

Aleksi Knuutila
Researcher in the Valuing What Matters programme at nef
Original article: http://neftriplecrunch.wordpress.com/2010/03/02/2088/
nef

Help is needed to deal with the challenges of life ‘on the outside’

It is worth remembering that nearly every person we lock up (as I write this post the current UK prison population stands at 83,655 – an increase of nearly 1,500 on this time last year) will be released back into the community one day.

Many of our clients tell us that the crucial few days after release is when the real battle starts. Most prisoners come out determined to go straight with no intention of ever seeing the inside of a cell again. Prison is a harsh, lonely, degrading experience with overcrowding compounding this (imagine having to share an in-cell, unconcealed toilet with a complete stranger – this is the reality of an adult prison rather than the image of three star luxury presented by some tabloids). The loss of liberty is the punishment element of prison but a side effect of this is that prisoners are often ill-equipped for life ‘on the outside’. Too many are released without stable accommodation to go to, help getting their finances sorted and support into work or training. Others simply find the outside world too overwhelming and the smallest things become a huge challenge. One man talked of being in tears at the station on his way home from prison because he couldn’t handle the bustle of a small suburban rail station. Another confided that he used to run out of shops in a panic when shopping with his kids because he couldn’t deal with crowds.

Brash, hardy exteriors are adopted as a mode of survival on the prison wing but these defences can come crashing down when people are released back into the community. St Giles Trust aims to help ease this transition by offering practical and emotional support to people leaving prison and handholding them through the following few weeks when the risk of re-offending is very high if the right support is not in place.

Our caseworkers are right by their side from the minute they are released if they need it and stay with them until they are settled. We will not abandon anyone by leaving them homeless and stranded – if necessary we will pay for emergency housing out of our own resources if family, local councils and housing associations cannot provide a roof.

The impact of this work is huge. For 16 months, St Giles Trust were funded by The London Probation service to provide post-release support to prison leavers returning to London. During this time over 1,500 prison leavers were referred to the service and we successfully housed over 1,000 of them who would have had nowhere to go otherwise. Only a handful were recalled to prison during this time.

Unfortunately, funding for this service came to an end. We are still providing an ad hoc version through various other smaller projects we have been able to get up and running to pick up the huge levels of unmet need. However, these are operating under considerable pressure and are no replacement for a dedicated service which provides a single point of contact for anyone leaving prison requiring support.

That is why we are calling for everyone who needs help on release from prison to be provided with the opportunity to be met and supported by someone who can help them get established outside and negotiate the rocky road to resettlement. Someone who has had a spell in prison will face huge barriers– many are homeless, connections with friends and family have often broken down and they may face discrimination when looking for employment or training.

Someone who commits a crime deserves to be punished – that is without question. But for too long now we have set ex-prisoners up to fail once they are released back into the community. Continuing to judge and discriminate against ex-offenders after they have finished their sentence serves no-one and ensures a one-way ticket back to prison, with all the associated costs and misery this brings. Surely everyone deserves a second chance?

Rob Owen,
Chief Executive, St Giles Trust
www.stgilestrust.org.uk

Barnardo's

The rise in the prison population since Labour came to power in 1997 has been dramatic, with a third more people behind bars. But there has been an even more startling rise in the number of very young children imprisoned. In the decade from 1996 the use of custody for 10 to 14 year olds increased by a staggering 400%. England and Wales now stand out almost alone in Western society in routinely incarcerating large numbers of young children who offend.

The law is clear that children should only be sent to prison if their offending has been grave or both serious and persistent. Justice Secretary, Jack Straw, has further asserted that children as young as 12, 13 and 14 should only ever be incarcerated when it is the only way to protect the public. So are the teenagers being sent to custody guilty of grave crimes or of serious and persistent offending? Are they all violent? Do they pose an unmanageable risk to the public? In fact, research by Barnardo’s published last year (Locking up or giving up?) shows that many of them are neither violent nor dangerous. They have been found guilty of non-violent offences and some are guilty only of summary offences, the least serious on the statute book and those which, in the case of adults, are rarely punished by imprisonment.

Barnardo’s examined 214 cases of children under 15 who had been sentenced to custody but had not committed grave crimes or been given extended sentences for serious offending. We found that one in five was in prison for breach of a community sanction and nearly a third had not committed a serious or violent offence. Overall, 35 per cent of the sample did not appear to meet the custody threshold as set out in legislation. This clearly demonstrates that the government’s intention of making custody for young children genuinely a last resort is not reflected in sentencing practice.

When we looked at the life circumstances of the children it was depressingly clear that those who end up in custody are almost always those most failed by our welfare and education systems. Half had experienced some form of abuse, one in five were living in care,16 per cent had special educational needs and 8 per cent had attempted suicide at some point in their young lives.
If these children had been given the support they needed earlier in their lives there is every reason to believe that they would not have ended up in prison. Instead they are more likely to be written off by the age of 14, failed by mainstream services when it really matters.
Using custody for children who have not committed grave and serious crimes is costly and ineffective. They do not pose a danger to the public, if anything they are a greater danger to themselves than anybody else. Can anyone really believe that we need to lock so many of them away?

Enver Solomon
Barnardo’s
Assistant Director, Policy

The Youth Crime Arms Race

Politicians from all parties are engaged in an arms race of rhetoric in relation to their approach to children in contact with the criminal justice system. The media fuels the arms race with sensationalist headlines: ‘yobs’, ‘asbo kids’, ‘monsters’ and ‘evil’ have become common place, encouraging a vicious cycle in which politicians find themselves locked into increasing the punitive stakes to satisfy the appetites of the media and populist opinion.

The increasingly punitive approach that has emerged over the last 20 years, whether it be in creating more crimes, creating longer sentences, or reducing the quality of type of prison that children are sent to, have left our society in a position where we are spending £415 million a year on incarcerating children in prisons that do not work – a shocking 75% of children reoffend within a year of being released, higher than any other age group in prison.

Behind the headlines and political rhetoric lie the facts of who these children are. 71% of children in custody have been involved with or in the care of social services; 2 out of 5 girls and 1 out of 4 boys have suffered violence at home; 1 in 3 girls and 1 in 20 boys have suffered sexual abuse. Educational, behavioural and mental health problems are rife – 85% show signs of a personality disorder. The prevalence of depression, self harm and suicide is higher amongst incarcerated children that any other sector in our society – 89% of girls in our prisons deliberately self-harm and children in custody are 18 times more prone to take their own life than children of the same age in the community.

Children in prison are the product of chaos, neglect and abuse, but rather than help these children we incarcerate them, locking them away with the problems in our society we would rather not face. To continue the rhetoric arms race is both nonsensical and irresponsible. It damages these children further at an extraordinary cost to the tax payer. But it is easier to separate these children from the rest of us, to point the finger of blame and label them as an ‘other’ than to take responsibility that it is our society and its failings that has made them who they are.

Andrew Neilson
Assistant Director
the Howard League for Penal Reform