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Problems at YOI’s? send in the dogs!
After being inundated with tweets concerning Feltham YOI, it’s time to take a step back and consider what really is happening and what could be done about it.
…Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release http://hmprisonservice.gov.uk/abouttheservice/statementofpurpose/ Believe it or not this is part of the statement of purpose for the prison service! This clearly is not the case.
There are limitations to current penal system with problems of overcrowding and high levels of recidivism. But that is no excuse for locking up children for at least 18 hours per day. How can this treatment help in the rehabilitation of young offenders? And what about them leading “law-abiding and useful lives in custody”?
According to the Independent : http://www.independent.co.uk/news/uk/crime/inside-feltham-why-londons-young-offender-institution-is-one-of-the-scariest-prisons-in-britain-8788635.html Last month, though, the present chief inspector of prisons, Nick Hardwick, wrote what the Howard League for Penal Reform called the worst dispatch from any such institution in more than a decade. “There is no concealing the fact that this report is one of the most concerning we have published recently,” Hardwick wrote. He painted a picture of aimlessness, and hopelessness, and endemic gang violence. If you were a parent with a child locked up there, he told this newspaper, “you would be right to be terrified”.
Later Nick Hardwick stated…“I don’t think this is just a Feltham problem, it’s a wider problem. We need to get our heads around what we are going to do with these very damaged boys, because simply punishing them, well, it doesn’t work. It absolutely doesn’t work.”
According to the Halliday Report (Home Office, 2001)
- Sentences are more severe
- Judges and magistrates award more custody
- Average length of custodial sentences are 50% longer then 10-15 years ago
- Magistrates sentencing significantly higher proportion to custody
So what now?
The Howard League is driving a campaign for justice for children. They want to raise the minimum age of criminal responsibility and ensure that society engages the child behind the crime. They also believe that too many children are in prison. Through their projects such as U R Boss they aim to give children a voice and work to improve the treatment and conditions for children in custody. http://www.howardleague.org/key-issues/
Send in the dogs?
YOI Warren Hill in Suffolk houses young offenders with a variety of problems and backgrounds. It is here that an old dog known as Eddie visits each week to help those inmates that need a bit of therapy. Eddie is part of the “Pets as Therapy Dogs” and gives the lads the unconditional love of an animal that is one of the things that are most missed aspects of their lives when they enter prison.
Home Office (2001) Making Punishments Work. London: Home Office [Online] Available at: http://www.homeoffice.gov.uk/documents/halliday-report-sppu/
To build or not to build the ongoing titan prison saga
When the crime rate is falling and the prison population is falling month by month, why has the titan prison building programme re-emerged. Yes it will bring much-needed jobs into an area, but are these prisons really necessary or is a punitive game that the Government is playing. Lets knock down an old one and build a bigger better one!
Andrew Neilson, director of campaigns at the Howard League for Penal Reform, said: “The idea that big is beautiful with prisons is wrong. Not our words, but those of David Cameron before he became Prime Minister. http://www.walesonline.co.uk/news/wales-news/north-wales-new-250m-super-4725395#.Uc1K5cuJ5h4.twitter
If prison is so ineffective when looking at re-offending statistics, then why build more? There are alternatives to prison so why not use this money to invest in methods that give more positive results?
According to Juliet Lyon, director of the Prison Reform Trust ” There is scope to close some outdated prisons and reinvest the money saved into effective community solutions to crime,”
http://www.ft.com/cms/s/0/d6e013c8-d65c-11e2-b03f-00144feab7de.html#axzz2Y15sn3Dy
Do prisons help to break the cycle of re-offending?
On Monday, 17 June 2013 a report was published by the Policy Exchange entitled “Future Prisons: A radical plan to reform the prison estate”
The report recommended:
- Closing more than 30 run down and dilapidated prisons and constructing 10-12 state of the art Hub Prisons.
- Locating the prisons on brownfield sites near to main transport routes and to hold more prisoners as close to home as possible.
- Constructing the prisons using cutting-edge architecture, with technologies such as biometric security systems. Halfway houses would be located inside the prison estate and the sites would include courts to cut the cost of transferring prisoners for trial.
- Allowing private providers to compete on a level playing field with the public sector to manage and run the new establishments.
This is reminiscent of Jeremy Bentham’s panopticon, could Foucault’s comment be translated to the idea of a “Hub” prison, would they be seen as a “mechanism of power”. We will have to wait and see!
Prisoners Huhne and Pryce: does vengeance pay?
We have been bombarded with a daily dose of this pair; I almost feel I know them. The media have whipped up this case to such a crescendo and then finally we got a verdict, a sentence and ultimately a tragedy. To keep a lie for ten years then to have it splattered over the front pages as your ex tries to get revenge, then an attempt to get the case thrown out, but in so doing both parties are convicted of perverting the course of justice.
This is not just about a family torn apart or the demise of an MP, but a battle with the justice system. Do we think justice has been done? I believe justice should restore and not just criminalize, it will be interesting to see what happens here.
According to Prime Minister David Cameron: “It’s a reminder that no-one, however high and mighty, is out of the reach of the justice system.”
Prison a holiday camp?
There is a lot of talk about prison being like a holiday camp. Working within a prison for the last year I can honestly say it is certainly not a holiday camp that I would like to stay at. Holiday evokes images of relaxing, happy smiling faces without a care in the world. I certainly do not get that picture when I am talking to any of the prisoners. Many are resigned to their custodial sentence, but others are angry or frustrated. Nonetheless the main concern I hear is what will happen to them after release; a few pounds in their pocket and off they go. So what’s happening with mentoring? Well according to the Guardian:
“The justice secretary said he could not simply continue with the existing pilot schemes at Peterborough and Doncaster prisons, which are testing the private and voluntary sector provision of “through the gate” rehabilitation and mentoring services. He argued that it would take “much of the rest of the decade” before they would provide a definitive conclusion”
Released prisoners to be banned from moving around country (2013) The Guardian 27 February 2013. [Online]. Available at
http://www.guardian.co.uk/society/2013/feb/27/released-prisoners-banned-moving-country?CMP=twt_gu [accessed 27 February 2013].
Retribution or Restitution
Now that shamed MP Chris Huhne has submitted a guilty plea it is up to the judge to decide on sentencing appropriate to the charge Huhne faces of perverting the course of justice. Speculation is rife that he faces prison for certain, not the first MP to do so; MP’s were handed down prison terms for their part in the expenses scandal. But what do you think the judge should go for? Does Huhne necessarily deserve a custodial sentence or could the judge opt for some form of community sentencing combined perhaps with a restorative justice element?
According to the Telegraph, Mr Justice Sweeney told Huhne he should “have no illusions whatsoever” about the type of sentence he is likely to receive. The maximum penalty for the offence is life imprisonment.
Mr Justice Sweeney faces a perfect illustration of the pressure that many judges come under – a sentence that benefits the crime, in proportion and as short as possible verses all of the above plus an element of deterrent or setting an example for others.
In my opinion Chris Huhe should not be made an example just by virtue of the fact he is an MP and has held a high profile position in the Government. Surely the judge should disregard is job title in the same way that people not in the public eye. Otherwise we are descending into the “court of public opinion”.
This of course begs the question of the role that restorative justice could play if adopted into the mainstream of the criminal justice system of England and Wales. Time will only tell if members of the judiciary will have the courage to use it as part of their toolbox when determining appropriate sentencing.
Retribution or restitution what are we really seeking here?
Chris Huhne quits as he faces jail after pleading guilty to perverting course of justice (2013) The Telegraph 05 February 2013. [Online]. Available at http://www.telegraph.co.uk/news/politics/liberaldemocrats/9847152/Chris-Huhne-quits-as-he-faces-jail-after-pleading-guilty-to-perverting-course-of-justice.html [accessed] 05 February 2013.
Photo: The Telegraph
Managing offenders?
Managing seems to be a very popular word at the moment, especially where offenders are concerned. A clear example is the latest Transforming Rehabilitation: A revolution in the way we manage offenders, a consultation paper detailing the Government’s proposals for reforming the delivery of offender services. This paper is available to download at: https://consult.justice.gov.uk/digital-communications/transforming-rehabilitation. The period of consultation runs from 9th Jan to 22nd Feb 2013.
Page 13 is very apt:
“Successful bidders will be responsible for delivering requirements of community orders or licence conditions. They will also be incentivised through payment by results to tackle offenders’ life management problems and reduce reoffending. For offenders leaving prison, providers should work with them ‘through the prison gate’, engaging them before their release into the community and maintaining continuous support. This should be linked with the important role that prisons play in the rehabilitation of offenders and in reducing their risk of harm, including efforts to increase the number of prisoners working while in custody.”
To achieve this successfully will involve an incredible amount of resources not just in terms of money but would need an army of volunteers. In a period of cut backs voluntary organisations are already stretched whilst private companies are focused on making money!
According to the East Anglian Daily Times up to 20% of prisoners in HMP Highpoint are underemployed. This amounts to around 260 prisoners. However, Andrew Neilson, Howard League for Penal Reform, stated “It is important that prisoners are engaged in purposeful activity, but too many at Highpoint are underemployed, meaning they are unlikely to develop skills that will be useful after their release”. And the cycle continues!
http://www.eadt.co.uk/news/suffolk_fears_raised_over_hmp_highpoint_inspection_1_1793976
Steady on!
According to the Guardian, the justice secretary, Chris Grayling, has admitted his plans for the wholesale outsourcing of the probation service will not lead to an overnight reduction in stubbornly high reoffending rates but said he hoped it would lead to a “steady year-by-year decline”. Is he implying that the problem lies with the Probation Service, or is he throwing out the baby with the bath water? If private companies and voluntary sector organisations are invited to bid for these services then would it be a free for all, or would it be a post code lottery? http://www.guardian.co.uk/society/2013/jan/09/chris-grayling-probation-privatisation-reoffending
Helpful or satisfying: What will victims of crime make of the new Restorative Justice Action Plan?
In 2001 Lord Justice Auld recommended: ‘The development and implementation of a national strategy to ensure consistent, appropriate and effective use of restorative justice techniques across England and Wales’ (Auld, 2001, p. 391 para.69).
Last month the ‘Restorative Justice Action Plan for the Criminal Justice System’ was launched. “This action plan is a joint commitment to develop a more strategic and coherent approach to the use of restorative justice in England and Wales. It sets out the steps that will be taken to achieve this aim”.
This is an important step, but I have been reflecting on why it has taken more than a decade from Auld’s original recommendation to publication of the action plan itself.
In his ministerial forward Jeremy Wright MP states, “Restorative justice has the potential to break the destructive pattern of behaviour of those that offend by forcing them [italics mine] to confront the full extent of the emotional and physical damage they have caused to their victims”.
True. But why does Wright use the term “forcing them”?
Contrast this with the definition of Restorative Justice taken from Marshall (1999, p. 5) which is one of the most widely quoted. It states:
“A process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future”
Earlier in his ministerial forward, Wright says “The benefits of restorative justice are well known by those working within the sector. 85% of victims who go through restorative justice conferences find it helpful [italics mine]”.
Is the best criteria to evaluate restorative justice as to whether it was “helpful” or not? I guess it depends of what is meant by helpful.
This reminds me of Andrew von Hirsh’s comments (Von Hirsh et al, 2003) when he observed participant satisfaction [italics mine] as being a criteria used to evaluate Restorative Justice, yet there was no explanation as to why “satisfaction” was an appropriate and meaningful criteria.
References:
Auld, Rt. Hon. Lord Justice (2001) Review of the criminal courts in England and Wales: Report. London: The Stationery Office.
Marshall, T. (1999) Restorative Justice: An Overview. London: Home Office Research, Development & Statistics Directorate.
Von Hirsch, A., Ashworth, A. and Shearing, C. (2003) ‘Specifying aims and limits for restorative justice: a “making amends” model?, in Von Hirsch, A. Roberts, J., Bottoms, A. E., Roach, K. and Schiff, M. (eds.) Restorative Justice and Criminal Justice: Competing of Reconcilable Paradigms? Oxford: Hart.
How much longer will this continue? Children detained in UK immigration removal centres
Table 1. (Home Office, 2012)
Every month, I receive the immigration statistics from the Home Office and am repeatedly drawn to the statistics on children detained under Immigration Act powers in immigration removal centres (IRC) such as Tinsley House a facility located on the perimeter road facing the main runway of Gatwick Airport.
These children are not in accommodation geared up for families. Some are detained in locations that originally were built to the same specification as Category B prison; cells as bedrooms and concrete yards as gardens are not environments for children.
I am reminded of the illustrations drawn by children who had experienced life in an immigration removal centre (Burnett, 2010).
The Coalition government had pledged to bring an end to the detention of children for immigration purposes back in May 2010 but clearly this has not been treated with any degree of priority.
How much longer will this continue?
References
Burnett, J. (2010) ‘Repatriation medicine’ Criminal Justice Matters. 82. December. pp. 26-28.
Home Office (2012) Immigration Statistics July – September. [Online]. Available at < http://www.homeoffice.gov.uk/publications/science-research-statistics/research-statistics/immigration-asylum-research/immigration-q3-2012/> [accessed 29 November 2012].
Don’t you think the person is more important than the policy?
More than 86,000 people behind bars in England and Wales
Last year I presented a poster session to cohort and faculty at my local university. The poster was the most visible infographic in the room. It acted as a magnet for attendees. Its immediacy communicated right to the heart of the issue and triggered some substantive discussion. And so it should. Latest figures available from Ministry of Justice shows that over 86,000 people in England and Wales are currently serving custodial sentences.
Frances Crook (@FrancesCrook), Chief Executive of The Howard League for Penal Reform said that many of these people should not be in prison at all; many offenders, particularly those serving short sentences, would be move effectively punished using community sentences.
She has a point. If offenders can be more effectively punished using a sentencing strategy which not only costs around one tenth of the cost of a prison place, but also controls prison population at the same time as being in the better long term interests of the offender, then it deserves serious consideration.
“It isn’t crime that puts people in prison – it is policy that puts people in prison.”
In my experience dealing with a range of offenders, I can see that sentencing strategy, in some cases, causes “penal excess”. This phrase means different things depending on your standpoint. For example, to a probation officer it may mean a harsh sentence behind bars. To a politician, it may mean “…it is the sentencers not the Government who are responsible for the prison population as it stands today” (said Jeremy Wright MP, 21st Nov 2012, speaking on the occasion of the AGM of The Howard League for Penal Reform).
Don’t you think the person is more important than the policy?
The Criminal Justice Blog 