Prisons in the UKPrisons in the UK

The key issuesThe key issues

IntroductionIntroduction Many signs point to a current crisis in the UK criminal justice Many signs point to a current crisis in the UK criminal justice

system.system.

Prison numbers and overcrowding are at an all-time high, Prison numbers and overcrowding are at an all-time high, courts arecourts are

over-subscribed, the police over-stretched, and the public over-subscribed, the police over-stretched, and the public unconfident in either the efficacy or justice of the penal system. unconfident in either the efficacy or justice of the penal system.

Re-offending rates remain high, with 2/3rds of prisoners re-Re-offending rates remain high, with 2/3rds of prisoners re-offending within two years of release, a figure that goes up to offending within two years of release, a figure that goes up to 74.8% for men aged between 18–21. (England and Wales 2007)74.8% for men aged between 18–21. (England and Wales 2007)

Though the amount of crime reported to the British Crime Though the amount of crime reported to the British Crime Survey has declined by 42% since 1995, few academic Survey has declined by 42% since 1995, few academic commentators attribute much of this reduction to a greater use commentators attribute much of this reduction to a greater use of imprisonment. In any case, most people still believe that of imprisonment. In any case, most people still believe that crime is rising and fear of crime is relatively high, suggesting crime is rising and fear of crime is relatively high, suggesting that we need to look beyond the facts to understand public that we need to look beyond the facts to understand public opinion about crime and punishment.opinion about crime and punishment.

Source: Source: The Principles and Limits of the Penal System, Howard League for , Howard League for Penal Reform 2007 (England and Wales)Penal Reform 2007 (England and Wales)

Why prison?Why prison?Professor Ian LoaderCentre for Criminology, University of Oxford“There is a rich, diverse body of writing and debate

about the principles that should underpin the penal system in a liberal democracy. This writing is focused on how to justify punishment, … understood as the organized infliction of pain by the state upon an individual following a conviction for criminal wrongdoing”.

The debate typically revolves around the competing claims of:

retribution/desert individual general deterrence incapacitation, rehabilitation and repair

In other wordsIn other words

PunishmentPunishment Retribution – Justice or Revenge?Retribution – Justice or Revenge? Deterrence Deterrence Rehabilitation/ Re-educationRehabilitation/ Re-education Public safetyPublic safety Personal safety if criminalPersonal safety if criminal

But in which order?But in which order?

Key questions raisedKey questions raisedRegarding the current use of imprisonment in

Scotland and England and Wales1. Why has the prison population gone up while

crime has come down?2. To what extent is the prison now being used

increasingly as a method of dealing with the marginalised people in our society, fulfilling Charles Murray’s vision of “the custodial state”

3. What is the purpose of prison? Do we need to take account of the views of people like Oklahoma State Representative Lucky Lamons, a former police officer and now member of the Oklahoma Sentencing Commission, that “We need to incarcerate the people we’re afraid of, not that we’re mad at.”

Key questionsKey questionsRegarding public perceptions of personal safety

and the need to develop a new communications strategy:

Are there “too many people in prison”?1. England and Wales has the highest imprisonmentrate in Western Europe. Faced with the information that the prison population in England and Wales is now over 80,000, the ordinary person in the street is likely to ask whether that is a high figure or a low figure and may well take the view that if that is what it takes to make society safer, then so be it.

2. In 2008-09, the average daily prison population in Scotland was 7,835. This represents an increase of six per cent over the previous year, 31 per cent over the past ten years, and continues the upward trend observed since 2000-01.

Key questionsKey questionsRegarding public perceptions of personal safety and the

need to develop a new communications strategy:

Is prison too costly? The £2.3 billion spent on imprisonment in England and Wales each year is a small figure in comparison to money spent on the health service or on education and also on the police. The public may well take the view that this is money well spent.Similarly, the public is liable to be unimpressed by the information that it costs in the region of £35,000 a year to keep a person in prison. The response might be either to say that is a small price to pay for public safety or else that prisons should be made more austere and less costly.

Key questionsKey questionsRegarding public perceptions of personal safety and the

need to develop a new communications strategy:

Lengths of sentences?Overall the prison service does well in protecting the public from those who have been convicted of serious crimes, although there may be a need to consider the lengths of sentences that are now being imposed. This will include consideration of such matters as the recently introduced Indeterminate Public Protection sentences.

Links: IPP sentences1. http://www.hmprisonservice.gov.uk/adviceandsupport/prison_life/lifesentencedprisoners/2. http://news.bbc.co.uk/1/hi/uk/4536358.stm3. http://www.prisonersadvice.org.uk/documents/MicrosoftWord-IPP2008.pdf

Key issuesKey issues

Can the debate needs to be restructured along the following lines?

Most crime is local and its effects are experienced locally. It may, therefore, be that the solution to it will also be found locally.Most of the spending at the “back end” of the penal system, principally on prisons and probation, is controlled and distributed nationally.

Key IssuesKey Issues

The criminal justice system is not well equipped to deal with matters which should primarily be the responsibility of other agencies. These include: mental illness, personal drug and alcohol abuse inappropriate individual behaviour,

especially by young people.

Key IssuesKey Issues

Can Restorative Justice or alternative methods provide solutions to the penal crisis?

Underused and over-researched!Underused and over-researched!

How do other countries deal with the How do other countries deal with the “prison problem” if indeed they have “prison problem” if indeed they have one?one?

Summary of key issuesSummary of key issues

1.1. The role of penal systems in UK and beyondThe role of penal systems in UK and beyond2.2. The Purposes of incarcerationThe Purposes of incarceration3.3. The Aims of the UK Prison Services The Aims of the UK Prison Services 4.4. The policies of the main political parties with The policies of the main political parties with

regards to prisons (Scotland and the UK)regards to prisons (Scotland and the UK)5.5. The debate over private prisonsThe debate over private prisons6.6. Young people in prisonYoung people in prison7.7. Women in PrisonWomen in Prison8.8. The challenge of drugs and alcohol abuseThe challenge of drugs and alcohol abuse9.9. The challenge of mental health issues for The challenge of mental health issues for

prisonersprisoners10.10. Racial/ Ethnic Minorities in PrisonRacial/ Ethnic Minorities in Prison11.11. The socio-economic divide and prison in the UKThe socio-economic divide and prison in the UK

Summary of TasksSummary of Tasks Week 1: TutorialWeek 1: Tutorial Prisons in the UK are too soft on criminalsPrisons in the UK are too soft on criminals

DiscussDiscuss

1.1. The role of penal systems in UK and beyondThe role of penal systems in UK and beyond2.2. The Purposes of incarcerationThe Purposes of incarceration3.3. The Aims of the UK Prison Services The Aims of the UK Prison Services Caragh and DanielleCaragh and DanielleDeath penalty on trial: Death penalty on trial:

http://www.guardian.co.uk/law/video/2010/may/http://www.guardian.co.uk/law/video/2010/may/13/death-penalty-trial-law-video13/death-penalty-trial-law-video

Week 2: TutorialWeek 2: Tutorial

1.1. Is Prison working?Is Prison working?

2.2. The policies of the main political The policies of the main political parties with regards to prisons parties with regards to prisons (Scotland and the UK)(Scotland and the UK)

3.3. The debate over private prisonsThe debate over private prisons

MARTAMARTAhttp://www.guardian.co.uk/commentisfree/2010/sep/17/restorative-justice-cuts-crimehttp://www.guardian.co.uk/commentisfree/2010/sep/17/restorative-justice-cuts-crime

Week 3: TutorialWeek 3: Tutorial Is Incarceration the best option for Is Incarceration the best option for

young offenders (under 21s)?young offenders (under 21s)? Assess the effectiveness of current Assess the effectiveness of current

provision in the UK and contrast provision in the UK and contrast with other countrieswith other countries

LOUISLOUISYoung Offender: http://www.bbc.co.uk/filmnetwork/films/p004pr1wYoung Offender: http://www.bbc.co.uk/filmnetwork/films/p004pr1w

http://www.bbc.co.uk/news/education-10948635http://www.bbc.co.uk/news/education-10948635

http://www.bbc.co.uk/news/10547220http://www.bbc.co.uk/news/10547220

Week 4: TutorialWeek 4: Tutorial

To what extent is incarceration To what extent is incarceration meeting its aims with respect to meeting its aims with respect to women in Prison in the UK?women in Prison in the UK?

HANNAHHANNAH

Week 5: TutorialWeek 5: Tutorial To what extent are Prisons in the To what extent are Prisons in the

UK meeting:UK meeting:

1.1. The challenge of drugs and alcohol The challenge of drugs and alcohol abuseabuse

2.2. The challenge of mental health The challenge of mental health issues for prisonersissues for prisoners

STEFAN/CARAGHSTEFAN/CARAGH

Week 6: TutorialWeek 6: TutorialTo what extent is the prison now being used

increasingly as a method of dealing with the marginalised people in our society, fulfilling Charles Murray’s vision of “the custodial state”

Racial/ Ethnic/ Religious Minorities in PrisonRacial/ Ethnic/ Religious Minorities in Prison The socio-economically marginalised and The socio-economically marginalised and

prisonprison Kay/ Nicoletta/FarahKay/ Nicoletta/Farahhttp://http://www.indiana.edu/~intell/bellcurve.shtmlwww.indiana.edu/~intell/bellcurve.shtmlhttp://www.thefreemanonline.org/departments/book-rhttp://www.thefreemanonline.org/departments/book-review-the-bell-curve-intelligence-and-class-structure-ieview-the-bell-curve-intelligence-and-class-structure-in-american-life-by-richard-j-herrnstein-and-charles-mn-american-life-by-richard-j-herrnstein-and-charles-murray/urray/

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TutorialsTutorials Research and reading – minimum 4 Research and reading – minimum 4

articlesarticles PowerPoint PresentationPowerPoint Presentation Lead tutorial discussionLead tutorial discussion

ReferencesReferencesCrime Statistics:Crime Statistics:http://rds.homeoffice.gov.uk/rds/bcs1.htmlhttp://rds.homeoffice.gov.uk/rds/bcs1.htmlhttp://www.bbc.co.uk/news/10645702?print=truehttp://www.bbc.co.uk/news/10645702?print=truehttp://www.telegraph.co.uk/news/uknews/law-and-order/7835917/David-Green-extendinhttp://www.telegraph.co.uk/news/uknews/law-and-order/7835917/David-Green-extending-British-Crime-Survey-to-include-children-is-important-step-forward.htmlg-British-Crime-Survey-to-include-children-is-important-step-forward.htmlhttp://www.telegraph.co.uk/news/uknews/crime/7894467/Crime-in-England-and-Wales-ahttp://www.telegraph.co.uk/news/uknews/crime/7894467/Crime-in-England-and-Wales-an-infographic-of-the-key-figures.htmln-infographic-of-the-key-figures.htmlhttp://www.statistics.gov.uk/cci/nscl.asp?id=5685http://www.statistics.gov.uk/cci/nscl.asp?id=5685http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justicehttp://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justicehttp://www.telegraph.co.uk/news/newstopics/politics/scotland/4631857/Scotlands-murdehttp://www.telegraph.co.uk/news/newstopics/politics/scotland/4631857/Scotlands-murder-rate-is-fastest-rising-in-Western-Europe-UN-finds.htmlr-rate-is-fastest-rising-in-Western-Europe-UN-finds.html

Prisons Scotland:Prisons Scotland:http://www.sps.gov.uk/default.aspxhttp://www.sps.gov.uk/default.aspxhttp://news.bbc.co.uk/1/hi/scotland/8474848.stmhttp://news.bbc.co.uk/1/hi/scotland/8474848.stmhttp://www.scotland.gov.uk/Resource/Doc/230180/0062359.pdfhttp://www.scotland.gov.uk/Resource/Doc/230180/0062359.pdfhttp://www.scotland.gov.uk/Publications/2009/05/05104027/3http://www.scotland.gov.uk/Publications/2009/05/05104027/3http://news.stv.tv/politics/106902-english-report-praises-scotlands-prisons/http://news.stv.tv/politics/106902-english-report-praises-scotlands-prisons/http://www.heraldscotland.com/benefits-cheat-escapes-jail-as-prisons-are-too-full-1.8904http://www.heraldscotland.com/benefits-cheat-escapes-jail-as-prisons-are-too-full-1.89048585http://www.scotland.gov.uk/News/Releases/2009/11/27094202http://www.scotland.gov.uk/News/Releases/2009/11/27094202

ReferencesReferences