SS34 cover 17 Oct 07:SS29 cover 23Jun06 17/10/07 13:47 Page 3 Safer Society THE JOURNAL OF CRIME REDUCTION AND COMMUNITY SAFETY No. 34 AUTUMN 2007

Human rights and the criminal justice system Reframing the debate

Plus  Interview with the Children’s Commissioner  Supermax prisons  Demystifying gang culture SS34 cover 17 Oct 07:SS29 cover 23Jun06 17/10/07 13:47 Page 4

Contents

VIEWPOINT FEATURES Rights, respect and criminal justice policy Omar Khan of the Runnymede Trust looks at how notions of respect relate to human Striking the right balance Maya Sikand rights and social justice page 2 outlines how the operation of ASBOs in recent years should serve as a warning about the consequences of the unfettered INTERVIEW use of other civil orders page 13 Sir Al Aynsley-Green talks to Safer Society editor, Jackie Skapik, about negative attitudes towards children in A necessary safeguard Baroness Vivien British society and working to ensure that policies that Stern argues that misconceptions about impact on young people reflect their views and the Human Rights Act mask its experiences page 6 importance as a safeguard not only for basic human rights, but also for the safety of people in the criminal justice NEWS REVIEW system page 16 New funds and new targets; strategies to ease prison overcrowding; Equal but different: considering a cautions on the rise; and more page 10 rights based approach for women offenders Jon Collins of the Fawcett Society examines the role of human rights FOCUS ON PRACTICE in improving the criminal justice system A voice for young people at risk Fran Russell, Legal and Policy for women page 19 Advisor for Voice, describes the development of advocacy for children in young offender institutions page 26 No place for children Frances Demystifying gang culture Practice Manager, Mike Montrose- Crook of the Howard Francis, describes the work of the Southwark Youth Offending Service League for Penal Gangs Disruption Team page 29 Reform considers the consequences of the government’s DIGESTS continuing failure to Crime prevention digest Ten-year strategy for young people; causes comply with the of antisocial behaviour; Cameron’s proposals for reducing violent United Nations’ crime; and more page 30 guidelines for the treatment of children Criminal justice digest Public opposition to prison building; trends in custody page 21 in homicide statistics; deaths in custody on the rise; and more page 31 Prison reports digest Inexperienced staff at HMP Rye Hill; funding Supermax prisons in the United problems at HMP Buckley Hall; population pressure at HMYOI States Dr Sharon Shalev of the London Werrington; and more page 33 School of Economics describes some of Parliamentary digest House of Commons debate on the Criminal the features of super-maximum security Justice and Immigration Bill; ASBO statistics; sentences for reoffending; prisons page 23 and more page 35

169 Clapham Road, London Patrons Management Committee SW9 0PU Rob Allen Director, International Centre for Prison Studies Tim Bateman, Jacqui Karn,Neena Samota, Jackie Tel 020 7582 6500 Tim Bell Director of Housing, Nacro Skapik, Ann Tighe, Melior Whitear Fax 020 7840 6444 Professor Ben Bowling Professor of Criminology and Email [email protected] Criminal Justice, King’s College London Paul Cavadino Chief Executive, Nacro Dr Loraine Gelsthorpe Reader in Criminology and Criminal Justice, Institute of Criminology, University of Cambridge ISSN 1464-8415 Richard Garside Director, Centre for Crime and Justice Studies Nacro is a registered charity no. 226171 Professor Barry Goldson Professor of Criminology and Social Policy, School of Sociology and Social Policy, Editor Jackie Skapik University of Liverpool Deputy Editor Vanessa Richmond Johann Hari Journalist and columnist, Independent Paul Kiff Criminal Justice Alliance and University of East Designer Anna Donovan London Juliet Lyon Director, Prison Reform Trust Cover photo www.stuartrayner.com Professor John Pitts Vauxhall Professor of Socio-legal Cartoon Fran Orford, www.francartoons.com Studies, University of Luton Mary Riddell Journalist and columnist, Observer The views expressed in the articles David Taylor Deputy Home News Editor, Guardian in the magazine do not necessarily Dr Jackie Worrall Director of Policy and Public Affairs, reflect those of Nacro, or of Safer www.safersociety.org.uk Nacro Professor Jock Young Professor of Sociology, University of Society’s patrons or management and www.nacro.org.uk Kent committee. SS34 text 18 Oct 07:Safer Society 18/10/07 12:53 Page 1

EDITORIAL

orders that have come into force over the past decade (including the ASBO) and explores the consequences of the continued criminalisation of non-criminal behaviour. Reframing Sikand highlights the repeated inconsistencies between these policies and the guidelines set by the Human Rights Act, along with the dangers of supporting a practice that actively increases a prison population the debate which is already close to bursting point. Another aspect of the human rights debate that has attracted considerable attention in recent years has been the concept of children’s rights. Frances Crook outlines Britain’s repeated non-compliance with the UN arlier this month, former Home Secretary, Convention on the Rights of the Child. Crook emphasises John Reid, called for a review of human rights that the long-term negative consequences of seeing laws in Britain, claiming that they are young people as offenders first and children second are hindering the fight against crime and terrorism. likely to outweigh any short-term benefits. Children’s Reid’s comments emphasise an issue which has Commissioner, Sir Al Aynsley-Green, is also deeply dominated the ongoing debate about human rights in concerned with the experience of children in the the criminal justice system, namely, the question of criminal justice system and how they are perceived in whether or not adopting a human rights framework British society. In this issue, he describes the work of will result in a weaker criminal justice system. This his organisation to bring the views and experiences of issue of Safer Society explores the interplay of all children – even those in conflict with the law – to human rights concerns and criminal justice with a the attention of the government to ensure that their slightly wider lens, reframing the debate to focus on rights are protected and their needs addressed. Finally, the long-term impact of such an approach for this issue explores the development of advocacy for individuals and for our society as a whole. children in young offender institutions. Fran Russell of In this issue, Baroness Vivien Stern offers an Voice describes the efforts of youth advocates to speak overview of the debate as she describes the ways in on behalf of children in such institutions to ensure that which misconceptions about the impact of a human their needs are properly met. rights framework in the criminal justice system The authors of this issue offer various ideas that have obscured the importance of its role as a provide insight into the potential role of human rights safeguard for the physical safety and the basic in the criminal justice system. There are two recurring dignity of offenders and their loved ones – many of themes in particular that emerge from this issue that whom already lead extraordinarily vulnerable and may help reframe the debate. The first is the need to chaotic lives. Jon Collins explores the specific acknowledge and address widely-held misconceptions benefits that a rights framework could have for based on vague definitions of important concepts such women in Britain, while Sharon Shalev focuses on as human rights. Words like respect and rights practice across the Atlantic in describing the use of represent extremely complex ideas that we must super-maximum security facilities in the US, whose endeavour to clarify and fully understand before we extreme practices have been condemned by critics can establish an informed debate. The second theme to as violating prisoners’ human rights. emerge is the critical importance of considering the The antisocial behaviour agenda has also taken on long-term impact of a rights-based approach. In light of an important role in the debate about rights in the the persistently high rate of reoffending, especially for criminal justice system. The government’s recent young people, a framework that ensures that the basic focus on tackling that loosely defined phenomenon rights and dignity of individuals who enter the system known as antisocial behaviour has been challenged are protected, has the potential to not only strengthen by some critics on the ground that it targets activity the system by reducing reoffending, but ultimately, to which is not truly considered criminal and therefore also make our communities safer. that it violates the rights of private citizens. In this Finally, it is with sincere regret that I announce that issue, several authors add new perspectives to this this will be the penultimate issue of Safer Society. The aspect of the rights debate. Oman Khan challenges website will be expanded to include a complete archive the vague definition of the term ‘respect’ which of all past editions and we hope to maintain a presence policy makers and proponents of the antisocial on the internet in order to continue to provide a forum behaviour agenda have given it. He argues that for informed, responsible debate about criminal justice there is a fundamental link between the concept of in Britain. The forthcoming and final issue will look respect and the protection of basic human rights back at some of the highlights of a decade in print. that thus far has not been reflected in the policies that the government has associated with the term. Maya Sikand outlines the proliferation of civil Jackie Skapik Editor

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Rights, respect and

Omar Khan, Research Associate at the Runnymede Trust, looks at how notions of respect relate to human ri

or those fearful of today’s British youth, a Evaluative respect and recognition respect common refrain is that they fail to show due In order to clarify how respect might be a justification respect to their elders. A perceived ‘lack of for policy, we need to focus on two areas. The first is respect’ is, however, not limited to editorial diatribes the distinction between evaluative respect and against young people. Various groups – including recognition respect; the second is the link between young people – feel disrespected or ‘dissed’ by fellow self-respect and community participation. citizens. The government has waded into this confusion by developing a Respect Action Plan. 1 While The distinction between evaluative respect and this document seeks to justify policy in the name of recognition respect is familiar in moral theory. When respect more generally, the government’s concern for we think about whether others are owed respect, we respect has most prominently linked itself to the evaluate their various actions and qualities and make notion of antisocial behaviour. Critics of the respect differential judgements about whether a person is agenda then also charge the government with failing actually owed respect. This is what it means to to respect the rights of its citizens. ‘respect’ doctors and to ‘disrespect’ criminals and can One response to all this ‘respect talk’ might be to be called evaluative respect. Recognition respect, on dismiss the concept as a meaningless catch-all the other hand, is a more elemental notion of respect. When Kantians discuss the idea of ‘respect for phrase. Furthermore, what does respect have to do persons’ they mean that all human beings are owed a with race equality, social justice or indeed criminal basic form of respect on the grounds that we are all justice? In my recent report Respect as a Justification moral agents. This is called recognition respect by for Policy 2 I explain why thinking more carefully Darwall4 (among others) because it is about about respect could clarify some confusion regarding recognising the equal moral worth of all human current government policy as well as point to how a beings, regardless of our evaluation of their more inclusive and coherent respect agenda might be characteristics and actions. framed. Respect can be a justification for policy, but we need to be clearer about what we mean by respect, So how are these types of respect relevant to policy? In especially because the most disadvantaged are more the case of evaluative respect, the most significant likely to be disrespected. The meaning of respect may issue is the subjectivity surrounding evaluative also have implications for how we interpret respect, and what types of behaviour and actions are government policy on criminal justice. considered worthy of respect. This issue is typically raised in the context of cultural pluralism, but This article begins by exploring the topic of respect on independently of cultural diversity people disagree a conceptual level, not only by discussing theoretical about what constitutes the ‘best life’ and what sorts of models of how respect is characterised for individuals actions and characteristics are owed evaluative and groups in our society, but also by highlighting the respect. Should we respect athletes, businessmen, lack of a clear definition in the government’s ‘Respect doctors, social workers, professors or celebrities? Is it agenda’ as elaborated in its Respect Action Plan. 3 A really disrespectful for people to eat kebabs on the major part of the plan focuses on antisocial behaviour street if they don’t cause a public nuisance or violate and so I also briefly discuss that issue. Having offered public health?5 And should the government really be a more coherent definition of respect in our society, involved in endorsing one view over another as to we can go on to consider some of the policies that what sort of life choices are better than others? could be implemented to create a fairer and more Despite these difficulties, the government can’t avoid coherent respect agenda. A crucial characteristic of saying some behaviour is better than others, both from this agenda is that it would take into account the the point of criminal law but also in citizenship terms, needs and interests of disadvantaged individuals, since participative and knowledgeable citizens ensure including black and minority ethnic (BME) citizens, the effectiveness and fairness of democracy. This while providing benefits for everyone.

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VIEWPOINT criminal justice policy n rights and social justice in the British criminal justice system

explains why many, such as Sir Keith Ajegbo, argue for time, obviously, we can’t be expected to endorse a more holistic or expansive civic education.6 individuals’ concepts of self if they possess deluded, aggrandising or malevolent ideas of what matters to The most obvious policy-orientated way of discussing them and who they are. recognition respect is in terms of rights. All citizens should have their rights protected simply by virtue of Rawls’ ideas have implications for policy makers in being human beings, and cannot be treated in terms of the link between individuals and community humiliating ways. Rights protect human dignity and organisations. Individuals in some communities may outline the treatment that denies it; they ensure lack the resources or capacity to participate as equals recognition respect in the real world. Historically, in public life or to take advantage of opportunities in disadvantaged individuals have demanded rights to society. Runnymede’s study of the Vietnamese protect their basic dignity and worth, and BME people community found that people accessed community are among the many groups aware of the real organisations often because they lacked the protection that rights can confer when fairly and confidence or language skills to access other social universally applied. It is the central role of human institutions.8 For many individuals, accessing these rights in affirming the equal worth of us all that organisations is a first step towards engaging fully in makes attacks on them so disturbing. British social and public life, and so we shouldn’t be too quick to see them as undermining community Anti-discrimination legislation can also be seen as a way of ensuring that people of all backgrounds are in cohesion. It is of course possible that some fact treated with equal concern and respect. The individuals do not conceive of community denial of recognition respect – that people of a certain organisations in this way. But the basic idea is that we skin colour or ethnic background are not owed equal can use Rawls’ notion of the social bases of self- respect or treatment as full human beings – was a respect to help understand the potential benefit of core component of racism, and of course continues to such organisations if individual involvement does, in motivate much racist violence. No good society can fact, increase an individual’s self-respect. In light of afford to deny the importance of recognition respect, these significant potential benefits, the importance of but it is particularly important for democracies to government support for such organisations must be protect it because democracy prizes the individual’s highlighted. right to participate and demands the fair operation of Work with offenders that focuses on their own sense public institutions. of self-respect is another important area and may be a particular concern for young people. If we create a Self-respect and respect for others situation where young people think that the rest of society rejects their aims and concerns, it will be very Another important element in any discussion of difficult for them to feel the social bases of self- respect is how it is developed within the individual respect. Readers of Safer Society will perhaps already and affects their interactions with others. Self-respect be familiar with initiatives that aim to enhance is important for individuals to avail themselves of people’s self-respect, which criminologists have long opportunities and indeed to participate in democracy. identified as being important for ensuring that What John Rawls has called the ‘social bases’ of self- offenders of all ages are able to be accepted into, and respect7 clarify the significance of this point. participate in, society. According to Rawls, citizens should know that there is at least some group of people for whom their The social bases of self-respect may also be necessary particular way of living is considered worthwhile. for victims of crime or indeed for people who feel Individuals can’t be completely severed from social frightened of leaving their homes. Furthermore, if recognition or they will find it very difficult to certain communities are deemed ‘problem’ areas, succeed in, and contribute to, society. At the same individuals who live there may not feel much

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VIEWPOINT Rights, respect and criminal justice policy

Promoting a culture of respect in Britain is indeed a worthwhile aim. To achieve these aims, the government must always protect the basic dignity of all its citizens

motivation or confidence to participate in important ideologically consistent with the concept of local decision-making, with the result that our recognition respect, which asserts that people are democratic institutions become neither fair nor owed certain treatment and respect simply by virtue inclusive. Self-respect should therefore not be viewed of being human. A good example is criminals – even as a merely psychological notion that policy has no murderers deserve our recognition respect which is capacity to influence, but rather as (at least partly) why they should not be tortured or be subject to socially constituted and thus something which it is public humiliation. possible to strengthen. When it comes to evaluative respect, however, it does seem that some actions and beliefs are more in A fair and coherent respect agenda keeping with democracy and justice than others. My report therefore agrees that policy should foster a Having developed a theoretical framework for form of evaluative respect, but one that is always identifying and describing the concept of respect in justified in terms of civic values. Antisocial behaviour our society, I offer three ways in which it can help is far too nebulous and open-ended and is not shape government policy. Policies should be obviously linked to the fairness or functioning of developed that: democracy. If behaviour genuinely obstructs public  defend and foster recognition respect interactions and threatens other citizens, there may be grounds to stop it or indeed to bring criminal  strengthen the social bases of self-respect, charges, but some of what gets called antisocial especially for disadvantaged communities behaviour clearly doesn’t meet these criteria.  provide support for civic-based evaluative respect Antisocial behaviour, however, seems an area where This article has already described some of the ways in government has a relatively poor capacity to change which the first and second points can be achieved. attitudes. For this reason policies that seek to However, the third point, which involves providing enhance evaluative respect are not only better support for civic-based evaluative respect may pose justified but more likely to succeed in such areas as more of an ideological problem for policy makers. citizenship education, including adult education. The idea that respect is best fostered by defending Providing citizens with the knowledge and practical human rights and establishing robust and fair anti- tools to engage in debate will do more to create a discrimination legislation is not part of the culture of respect in Britain than giving ASBOs to the government’s Respect Action Plan. Perhaps this is mentally ill or displaying photos of 11-year-old because human rights, although implemented by this children. This is not to say that antisocial behaviour government, are unfashionable, especially in the doesn’t exist, but rather that respect is a poor context of law and order. But it is hard to see how we justification for the ASBO policy and is unlikely to be can live in a society of respect where some citizens achieved by it. Indeed, in previous research we found do not think that others are owed basic rights. For that government had almost no data on the form and BME people in particular, rights provide an nature of ASBOs given out in Britain and so was institutional protection against racist behaviour and a incapable of demonstrating whether ASBOs were in way of demanding justice from those who fact achieving their aim.9 discriminate against them. The Respect Action Plan concerns itself briefly with Conclusion the notion of evaluative respect but lacks clarity Promoting a culture of respect in Britain is indeed a about what defines such behaviour and how respect worthwhile aim. To achieve these aims, the can be earned or exchanged between members of the government must always protect the basic dignity of community. The focus on ‘behaviour’ (particularly all its citizens. Since the concept of recognition antisocial behaviour) and the slogans ‘give respect, respect has been defined here as the respect and get respect’ and ‘respect cannot be learned, purchased dignity that we all deserve on the basis of our or acquired: it can only be earned’ are even less humanity, the government’s fundamental

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responsibility to respect the human dignity of its agree on this form of evaluative respect because it is citizens can be seen as a responsibility to vital for the functioning of the democracy and so acknowledge their right to recognition respect. In should be adopted not only in relation to offenders but terms of evaluative respect, the case is more difficult, also in relation to every citizen. but there are a number of areas – from working with Here, it is worth highlighting that responsibility for young offenders to having a citizenship curriculum – respect has shifted to the Department for Children, which provide an insight into how this form of Schools and Families since the reshuffle that respect can inform policy. In fact, some existing accompanied Gordon Brown’s prime ministerial policies neither mentioned nor considered in the appointment. This may encourage those concerned Respect Action Plan are in fact those most likely to with respect to expand the concept beyond the increase respect in Britain. Foremost are the Human somewhat narrow application it has had within Rights Act and the proposed Equality Bill, which have criminal justice in the past. On the other hand, if the potential to do more to ensure the dignity of respect policies are limited to young people, schools British citizens than any other pieces of legislation. and families they are unlikely to achieve a culture of These give unjustly disadvantaged citizens – respect in Britain as a whole. Achieving such a culture including the BME population – the capacity to requires the protection of recognition respect for all challenge prejudice and to ensure they are treated citizens in our country and should be more explicitly with equal regard and respect. linked to social justice. These issues are more Additional policies that encourage greater participation pressing and immediate for BME communities, but a and cultivate civic attitudes – whether in education, fairer and more coherent respect agenda might bring local government, building public facilities, expanding real benefits for all of us, in ensuring the fairness and social housing or improving access to English language steady functioning of our democratic society. services – are more likely to create a culture of respect than publicly punitive criminal justice policy. We must Notes 1 Home Office (2006) Respect Action Plan London: Home Office of course condemn actions and behaviour that make 2 Khan O (2007) Respect as a Justification for Policy London: Runnymede Trust other people’s lives miserable, especially horrific 3 Home Office (2006) Respect Action Plan London: Home Office 4 Darwall S (1977) ‘Two kinds of respect’ Ethics 88(1), pp. 36-49 crimes including racist violence which deny the basic 5 This example was used on the BBC respect website: worth of other human beings. But it must also be http://news.bbc.co.uk/1/hi/in_depth/uk/2006/respect/default.stm 6 Sir Keith Ajegbo (2007) Diversity and Citizenship London: Department for Education admitted that such acts are a relatively small and Skills proportion of total crime and that, therefore, we need 7 Rawls J (1971) A Theory of Justice Cambridge: Harvard University Press 8 Mai Sims J (2007) The Vietnamese Community in Great Britain: Thirty years on to focus more on inculcating notions of justice, London: Runnymede Trust participation and reciprocity. It is easier for all of us to 9 Isal S (2006) Equal Respect London: Runnymede Trust

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INTERVIEW Sir Al Aynsley-Green Seeing

Photo: Martin Cooke

6 Autumn 2007 Safer Society Nacro SS34 text 18 Oct 07:Safer Society 18/10/07 12:53 Page 7 g through a different lens

Sir Al Aynsley-Green, the Children’s Commissioner for England, talks to Safer Society editor, Jackie Skapik, about challenging negative attitudes towards children in British society and working to ensure that the policies that impact on young people reflect their views and experiences

Sir Al Aynsley-Green has been charged with an a reformatory for stealing a few apples. The chairman incredible responsibility – he serves as the of the magistrates, when he sentenced her, is reported representative for 11.8 million children across to have said “it is not with any vindictive feeling that England. The Office of the Children’s Commissioner we are punishing you, but for the prevention of was created in 2005 to seek the views of children, crime. Others will be deterred from offending through bring those views and experiences to the attention of the dread of punishment.” The case was picked up by the government and to influence change on their the newspapers of the day and it led to a national behalf. Aynsley-Green was selected as Britain’s first outcry over the injustice of such a severe sentence for Children’s Commissioner and, since his appointment, a few apples. It took a courageous politician, an MP he has approached the task with sensitivity and called Thomas Blake, to force the Home Secretary to determination. With the help of his staff at 11 intervene on Emily’s behalf. Blake created a wealth of MILLION, the Children’s Commissioner has brought the support for Emily’s case and, by publicising the views of thousands of young people to public injustice of her sentence, he helped inspire major attention and worked to incorporate them into policy. reforms of the criminal justice process.’ He sat down with Safer Society editor, Jackie Skapik, to Aynsley-Green is concerned that the attitude of the highlight his concerns about the way children are magistrate that sentenced Emily Davies may not be viewed in British society and describe the efforts of 11 far removed from the way our criminal justice system MILLION to incorporate children’s views into policy. deals with young people today. ‘The magistrate said “it’s not with any vindictive feeling, but for the Lessons from history prevention of crime.” What has actually changed in 150 years?’ In his efforts to better understand the role of children in British society today, Aynsley-Green has developed Even in the past 15 years, Aynsley-Green has a sense a personal interest in researching the experience of that intolerance for children has grown. ‘This has children in different societies throughout history. He been developing insidiously over a period of time. is particularly intrigued by Victorian Britain when, in Some authors have argued that the murder of two- spite of the challenges provided by disease, poverty, year-old James Bulger was one of the turning points. and social turmoil, reformers were able to bring about The 10-year-old boys accused of committing the crime important changes for young people in the criminal were exposed to a court process that in other justice system. To illustrate this, he refers to Fagan’s countries would be unthinkable. In Norway, for Children, which describes the attitudes of the example, there was a very similar case and the authorities to child crime in the Victorian period: children involved were treated very differently. You remember the crowds in Britain almost baying for the ‘One thing that particularly sticks in your mind from children’s blood in the Bulger case, saying they were reading the book is the impact of a court case born evil and so forth. There is an argument that this involving a 13-year-old named Emily Davies. Emily may have been a turning point after which children, was sentenced to 14 days in prison and four years in especially those in conflict with the law, have been

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INTERVIEW Al Aynsley-Green

perceived as demons. I think, though, this sentiment He describes the reaction he received during a recent has also crept up over a period of time. How we visit: ‘When I went to meet these young people, I change that trajectory is going to be very interesting shook them by the hand as I do with all children and very difficult.’ automatically. They were completely gob-smacked. It was the first time an adult had shown them respect in spite of what they had done. And they had some very Yobs, hoodies or scum clear ideas about how they wanted to change their Aynsley-Green believes that negative media portrayals lives but they weren’t being given the opportunities are helping to perpetuate a heightened sense of to do that. The ones who had previously been public fear towards young people and are ultimately released, had felt totally unsupported upon release, driving the trend towards punishment and control. which is why some of them actually felt much safer in ‘We know from research done by Young People Now prison.’ that 80% of media articles from two or three years ago He has also gained important insights from talking to were negative towards young people, depicting them young people about their experiences in magistrates’ as yobs, thugs, hoodies or scum – or one of the other courts. ‘The young people don’t portray a particularly dreadful labels being applied to young people.’ These rosy view of what they’ve gone through. Now it may portrayals reflect the attitudes of many adults in come as no surprise to hear them say that because, British communities today. As a result of having been after all, they’ve been sent to prison. But I think we encouraged to be afraid of children, many adults are should also be listening to children about how they not prepared to engage with young people and feel that they are pre-judged before they even get to children, and fear any gatherings of them. court. I have also heard them express sincere One disturbing manifestation of this sense of fear has concerns that magistrates appear to be unable to been the introduction of the mosquito device. relate to them and sometimes have an unhelpful Aynsley-Green explains, ‘the device, which emits a approach or demeanour.’ very high-pitched, intensely irritating noise that can only be heard by young ears, is being set up in Young people and the police shopping malls and squares indiscriminately to prevent young people from entering because they’re One important goal Aynsley-Green hopes to achieve seen as a threat and a menace to society. Of course, from this dialogue is to learn more about how young dispersing them isn’t doing anything. It’s not tackling people view the police – regardless of whether or not the causes of why they’re gathering there. The they have been involved with the criminal justice consequence is that they have nothing to do and system. He describes a point that was raised by a very nowhere to go.’ young girl at a recent annual event for 11 MILLION. ‘The girl pointed out “the police should be our friends and they should be protecting us but they’re not.” Listening to children Now that is a very profound comment from a young Although this is not the first time these concerns child about how she sees the police. I am also have been raised, what is unique is the way Aynsley- concerned to hear from young people who are slightly Green and the staff at 11 MILLION are responding to older that they are endlessly harassed by the police them. Their approach, though remarkably simple, is as they walk along in groups of two or three people.’ somewhat revolutionary: to listen to these children Another crucial point that has been revealed through talk about their experience in the criminal justice 11 MILLION’s work with young people is that, system and use what they discover to help reform according to research by Ipsos Mori commissioned by ineffective policy. This involves engaging children in 11 MILLION, 44% of young people feel that they are many different ways – including working with them at not respected in their community. ‘This is a crucial 11 MILLION’s annual event, fostering debate and benchmark,’ says Aynsley-Green. ‘Respect is a two-way communication through buddy groups set up around process: although children need to respect the views the country and, above all, asking them for of adults, they also need to feel that their views are suggestions and recommendations for the future. being respected and listened to. But in fact, our Aynsley-Green, who has spoken to many children who research revealed that the 50% also feel that they are have been involved with the criminal justice system, not even being asked for their views… This is a finds much of what he hears about their experiences cultural change we need to encourage in society; deeply troubling: ‘Seeing the world through their eyes children should be more than just “not seen and not is really quite enlightening.’ As Children’s heard”. They really have got important things to say Commissioner, Aynsley-Green has the authority to no matter what their age. And this applies to those in enter young offender institutions and secure training conflict with the law as well. After all, how many centres to talk to the children who are housed there. adults who are so angry about kids on street corners

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have actually gone to ask the kids why they are there? the success of this approach in Canada has important How many of them actually work with children and implications for the way that the youth justice system young people? And what are they doing to try and in Britain deals with young offenders. create inter-generational discussion around the table to understand how things can be changed in their A new climate locality?’ Based on his discussions with ministers and officials Aynsley-Green and his staff at 11 MILLION feel they across this country, Aynsley-Green senses an have learned a great deal about children in the atmosphere ripe for change in the youth justice criminal justice system simply by listening to what system. ‘I think there is a new climate emerging and they have to say. He suggests that others should do I’m anxious to encourage that alternative climate and the same, ‘The argument I’m putting forward is: let’s to get some serious discussion going about what actually listen to children talking about their we’re doing and whether or not it is the best way of experience as they progress through the criminal approaching things.’ justice system. Let’s start actually asking them about how they see the world and if they can help lead us to He is especially encouraged by the emerging role of answers for the problems we are grappling with. the Department for Children, Schools and Families Locking them away is obviously not doing the right (DCSF). He applauds the fact that Ed Balls, who was job.’ named head of the newly created DCSF, has stated that an important focus for his department will be Changing the rhetoric developing positive things for young people to do. ‘These statements are incredibly welcome, along with The rhetoric up until now, says Aynsley-Green, has the signs of a change in rhetoric. For example, Balls been very much about stopping kids from causing said recently that every ASBO is a failure of society. It trouble. He advocates that it is time to change that is really refreshing to hear that coming from a rhetoric and focus instead on reaching children who politician against the background I described earlier. are very vulnerable and delivering positive outcomes We are very much looking forward to working with for them so that they become a benefit to their the Ministry of Justice and the DCSF. The communities. ‘This is a central point, which is linked responsibilities are bedding in now and we are getting to how we value children in our society. When we a clearer understanding of who is doing what.’ raise these concerns, some people respond by insisting that they love their children and their Aynsley-Green reports that he is similarly reassured families. But it isn’t just about those children. The by Gordon Brown’s recent speeches which have question is, do we care enough about kids from the focused on developing a coherent society. ‘To achieve margins of society? These are issues I’d like to have a coherent society we have to start with our children. exposed to public discussion: how we see children in I know that the Prime Minister is passionately society and how, in particular, we see children in committed to the work we do with children, which I conflict with the law. Are these children just problems think is very important. In many ways, it is unique for to be dealt with, punished and controlled, or are they the Prime Minister of a western country to be so children who are vulnerable and who need our help? I committed to the care of children and to ensuring don’t deny that there are some who cause serious that they achieve positive outcomes.’ mayhem and need to be held to account for what they Throughout this changing landscape, Aynsley-Green have done. But there is still a question of how they and his staff at 11 MILLION will continue to work to are held to account and what is the best way of ensure that the policies that impact on children dealing with that.’ reflect their views and experiences. The To explore some of these issues at an international Commissioner will continue to serve as a voice for level, Aynsley-Green has travelled to countries such children by communicating their words directly to the as Canada and Sweden to study their approach to people who have the power to implement change. children who have been in trouble with the law. He Coupled with that, policy experts at 11 MILLION will reports that in Canada, due to a series of criminal continue to develop new strategies and to shape justice acts several years ago, the number of young developing policy by working with the government. people being sent to prison has fallen quite ‘It’s a multi-layered approach,’ Aynsley-Green says, dramatically. ‘Their system is driven, firstly, by a ‘but the whole time the bedrock is listening to process which has much more flexibility at the first children and trying our very best to see the world point of contact with the law and, secondly, by the through their eyes, through the lens of childhood.’

principles of restorative justice and finding For more information about the work of the Commissioner and his alternatives to custody.’ Aynsley-Green believes that staff at 11 MILLION, see www.11million.org.uk

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News digest

Reduced security checks questioned New funds and new Prison officers have warned that a proposal to cut security checks on targets prisoners’ cells from a daily to a weekly basis will lead to more attacks The extra £1 billion to tackle year coming out of the prison on staff and rampant drug abuse. The counter-terrorism announced by service and £20 million out of the prison service proposal to help save Chancellor, Alistair Darling, will probation service. £60 million in costs was described as mean that the newly created ‘single ‘appalling’ by the Prison Officers The Chancellor did not mention, security budget’ covering the police Association (POA). The idea, together however, that the government is and security services will rise to with a proposal to reduce the amount dropping its target of reducing £3.5 billion a year over the next of mandatory drugs testing for crime by 15% by April of next year. three years. inmates, was outlined in August with While the latest figures show that other potential cost-cutting measures The extra money to fight terrorism crime has fallen by 11% since the in a letter from the prison service’s was accompanied by more funding target was set, the trend now director general to Jack Straw, the to redeem the government’s appears to be on the rise again. A Justice Secretary. general election pledge to put a new target of reducing serious neighbourhood policing team into Cells are checked every day to see violent crime – the term applies to whether the bars, bolts and locks are every area by next April and create the 19,000 cases of murder, secure and to search for signs of drugs, 9,500 extra prison places by 2012. grievous bodily harm and death by weapons or contraband. Brian Caton, Ministers have promised a further dangerous driving last year – is to the general secretary of the POA, said: 1,500 prison places on top of their be introduced which will be based ‘if the searches and drug tests are cut existing programme to build 8,000, on police recorded crime rather down, it can only lead to more violent but the money announced than the British Crime Survey. attacks against staff and other inmates, yesterday will only fund 500 of the Similar targets will also be drug taking and escapes.’ 1,500 extra places. The demand introduced for burglaries and other for efficiency savings of 3% is property crime and for the believed to equate to £65 million a reduction of antisocial behaviour. Reid calls for a review of the Human Rights Act A review of human rights laws in Britain and Europe has been demanded New strategies to work around overcrowding by John Reid who claims that they are hindering the fight against crime and terrorism. The former Home Secretary Thousands of crime suspects are to be tag up to four and a half months early. urged Gordon Brown to look at the housed in the community around At present, a prisoner without a fixed effect of the Human Rights Act 2000. England and Wales while awaiting address cannot benefit from the He also made it clear that he thought trial, in an emergency measure to ease scheme. In a recent period of 12 prison overcrowding. Hundreds of the entire European Convention on months, 1,400 prisoners were refused Human Rights had to be reviewed. low-risk criminals with no fixed HDC for lack of accommodation; address are also expected to benefit Only a year ago, as Home Secretary, others did not bother to apply. Reid tried to review the legislation only by becoming eligible for early release Providing the new accommodation will on a tag. The deal, in which a private to back off in the face of staunch benefit between 7,000 and 10,000 opposition from Cabinet members, company will provide accommodation prisoners and suspects a year, for suspects and ex-prisoners, is the including Lord Falconer, then the Lord according to the Ministry of Justice. Chancellor. latest measure aimed at freeing up cells in jails. The National Offender Management His renewed call for action came just Service has signed a three-year weeks after the uproar over the case of Prison numbers rose throughout contract with ClearSprings, a property Learco Chindamo, the Italian-born killer August – a month when they company involved in housing asylum- of London headmaster, Philip traditionally fall – and were at 80,803, seekers. Suspects and offenders will be Lawrence, whose deportation to Italy including 110 in police cells, at the held in accommodation for an was blocked partly on human rights end of the month. This latest measure estimated seven weeks. The cost will grounds. The Asylum and Immigration is aimed at reducing the number of be paid out of public funds unless the Tribunal made the ruling in August suspects awaiting trial or awaiting suspect is in work and ineligible for after Chindamo’s lawyers argued that sentence who are held in prison housing benefit, or the prisoner has sending him back to Italy would breach because they have no fixed address. In savings of £6,000. Staff will provide his human rights as he no longer has June there were 12,844 remand three one-hour contact sessions in the strong family ties there. In an article prisoners in jails, including 8,387 first week of occupancy, followed by for the News of the World, Reid − who awaiting trial. an hour a week for the rest of their only left the Home Office in June when The measure is also intended to allow stay in the premises. The provision of Tony Blair stood down as Prime more low-risk offenders to be released accommodation in the community will Minister – referred to the ruling as he under Home Detention Curfew (HDC), cost only a third of the annual £23,000 said that human rights laws meant the which allows criminals to be freed on a cost of a prison place, according to the government was fighting crime and Ministry of Justice. terror with ‘one hand behind our back’.

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News digest

Record numbers held in ‘We need to restore discretion to senior from 25,500 in 2005 to 64,000 as of police officers – enabling them to April 2007. This means that, on secure units make decisions that relate to local average, there were 175 knife The number of people detained in policing issues and ensuring that we robberies per day on the streets of secure psychiatric wards has reached a deliver a high standard of quality England and Wales in 2007. Enver record high, according to a report by policing.’ Soloman, deputy director of CCJS, the Sainsbury Centre for Mental Health. Johnston said that the present said that there were no clear answers The report reveals that as of July 2007, performance targets had no credibility as to why there had been such a there were 3,723 people detained in among officers and 70% of local steep increase in knife crime. He such units while the population of high commanders believed the targets had added: ‘there is no doubt there are and medium secure units rose by 45% had a negative impact on policing the more kids carrying knives but it is between 1996 and 2006. While the streets. not clear why. Much of it is for number being kept in high security personal safety rather than for hospitals has fallen, the number in Increase in knife crime putting it against someone’s throat.’ medium secure ones has been growing. The study is available online at The report looked at Forensic Mental A study by the Centre for Crime and Justice Studies (CCJS) shows that street www.crimeandjustice.org.uk/opus66/ Health Services, which provide care for knife-crime-2006.pdf people who have come into contact robberies involving blades have risen with the criminal justice system before being transferred to the NHS. Nacro annual youth crime conference High security units are for those considered a serious threat to the public. The figures showed that fewer than half of people admitted to secure hospitals stay for more than five Changing times years, while most are admitted to secure hospitals from prison. More Maintaining good practice than a third of those detained in 2004 had committed violent offences and, Nacro’s 18th annual youth crime conference in 2005, 26 people died in secure 2-4 April 2008 Warwick University units. The report also showed that around 40 people per quarter have to wait in prison for more than three Nacro’s annual youth crime conference is the pre- months before being transferred to a eminent independent event in the youth justice secure hospital. Fewer than one patient in ten reoffends within two calendar. Nacro’s 2008 conference is for both years of being discharged from a managers and practitioners with leading speakers secure hospital, it said. addressing the most important issues of policy, practice and governance, complemented by a Strong criticism for wide range of seminars and workshops covering current practice developments. central police targets According to a speech given by Invited speakers include: policing minister, Tony McNulty, at a  Rt Hon Beverly Hughes MP Minister of meeting with the Police Superintendents’ Association, police State for Children, Young People forces are pursuing minor offenders and Families rather than tackling more serious  offenders in order to improve their Vivien Stern International Centre for Prison performance statistics. McNulty said Studies there were ‘some perverse incentives  around in terms of sanction detections’ Karen Chauhan Chief Executive, 1990 Trust and in the way that some forces  Brendan Finnegan Head of Policy Strategy, recorded crimes in official figures. He Youth Justice Board for England and Wales added that performance targets set down by the government needed to better reflect the priorities of the For more information and a booking form contact: police service. Ian Johnston, the Laura Hyde, Events Manager, Nacro, 169 Clapham association’s president, said that the Road, London SW9 0PU, tel 020 7840 6448 current system of targets was ‘a email [email protected] shambles’ and called for it to be Supported by abolished. ‘Centrally imposed targets are preventing senior police officers from Book before 7 December for delivering the policing that the public reduced delegate rates wants and deserves,’ Mr Johnston said.

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News digest

Youth courts question matches. The third phase of the behaviour, the caution rate rose from project will work with the Forensic 20% to 36%. In all last year, there were cannabis laws Science Service over the next six 1,046,437 offences of violence and Fifty out of the fifty-one youth courts months to review around 4,000 cases around 485,000 police detections in England and Wales have written to which date from 1991-1996. When identifying an offender. Forty-eight per Home Secretary, Jacqui Smith, asking completed, it will mean that all cent of those detected cases resulted her to tighten the laws regarding unsolved serious sex offence case files in a court case and around 14% cannabis. The drug was downgraded from 1991-1999 will have been received fixed fines. reviewed under this Home Office to class C by David Blunkett in 2004, The figures underline the recent project. which means that dealing the drug or increase in criminals being dealt with possession carries less severe outside the court system with penalties. Heroin substitute in hundreds of thousands of offenders However, since then, youth offending caught by police given a caution or teams claim they have seen cannabis prisons handed on-the-spot fines. Cautions use soar among young offenders. In a The use of a heroin substitute rose slightly for sex offences, with a national survey, two thirds of the (Subutex) as a recreational drug is 15% rate up from 12% for ‘sexual teams are reported to have found that spreading across Britain’s prison system assault on a female’ and a doubling of use of the drug has risen by between a ‘like wildfire’, according to new the proportion of rape cases leading to quarter and three quarters. In some research by DrugScope. Research found a caution – from 1% to 2%. that in some prisons as many as 70% of areas nine out of ten young offenders Cautions in rape and serious sex inmates regularly take Subutex illegally, were reported to be using cannabis. investigations mostly relate to cases and many former offenders are Meanwhile, research by Kings College involving under-age teenagers and are returning to civilian life with a taste for in Sheffield found that 25% of young only used with the permission of the the drug. Subutex, like methadone, is offenders in the city had turned to victim. The caution rate for theft also prescribed to heroin users to help wean crime to fund their use of the drug. rose slightly, with 32% of those caught them off addiction. Available in pill John House, the Chief Superintendent by police for criminal damage being form, it is less addictive and less likely of South Yorkshire Police, who cautioned, up from 28% previously. to trigger fatal overdoses than heroin commissioned the Kings College However, only 4% of street robberies or methadone because it does not research said, ‘the reclassification of resulted in a caution. The total caution suppress breathing as much. It is more cannabis was a decision taken based rate for cases detected by police went expensive than methadone, and not on a different drug. It wasn’t taken up from 21% to 24%. prescribed as extensively. bearing in mind the strength of new cannabis, or the potential damage to According to research published in the social fabric caused by open Druglink magazine, the illicit market in DNA database stirs cannabis smoking in the street by the substance is growing exponentially. controversy those who don’t perceive it as a The pills are popular with prisoners serious crime.’ because they are small and easier to The Nuffield Council on Bioethics has conceal than heroin or crack, in recommended that the government Cannabis is the most popular drug in prevent police from storing the profiles Britain, with 11% of those aged 16 to addition to being harder to detect in drug tests. An 8mg tablet worth £5 on of innocent people on the national 59 claiming to have used it in the past DNA database. The council, which year. Up to one in five young people the illegal market outside prison is worth £40 inside, where it is either convened a group of lawyers, ethicists, now report smoking it at least once a geneticists and sociologists a year ago week. The government signalled a crushed and snorted or injected. The magazine says the drug is widely used to study the ethical issues behind the review of the classification earlier this use of biological information in police year amid concerns over the long- around jails across the north east and north west of England. Experts say the investigations, also recommended that term effects of the drug and the rise ministers drop plans to extend police of far more potent strains. The review increasing illegal use of Subutex has served to highlight the problems of powers that would see DNA samples may see cannabis reclassified as a being taken from people suspected of class B drug. drug abuse in Britain’s prisons. It comes at a time when the prison service has minor offences such as littering or suggested it may have to cut back on speeding. Cold case project drug testing in prisons as a cost-cutting The national DNA database has details expanded exercise. of almost 4 million people and almost 400,000 profiles of biological samples Four thousand more unsolved sex (such as blood, semen, saliva or hair) offence cases are to be reviewed as Cautions on the rise left at crime scenes. It is updated part of a £1 million ‘cold case’ project According to Home Office figures, one every day and automatically compares launched by the Home Office. The third of all violent offences ‘detected’ the DNA profiles it receives with those government has committed a further (solved) by police end in a caution. The from crime scenes. A Home Office £350,000 to the review of unsolved caution rate for all offences of report in 2006 said the database rape and serious sex offence cases ‘violence against the person’ has risen provided police with about 3,000 through the third phase of its cold from 22% in 2005-2006 to 29% last matches every month. case project, ‘Operation Advance’. The year. For cases of ‘less serious project uses advances in DNA Under present laws, police can take wounding’ – which accounts for nearly technology to re-analyse evidence from DNA samples from anyone who has half of all offences of violence solved undetected cases of rape and serious been arrested for recordable offences by police – the caution rate has gone sex offences committed up to 24 years without asking permission. The up from 28% to 38%. For incidents of ago. DNA profiles obtained are profiles are permanently stored on the ‘assault without injury’, including compared against the National DNA database, even if the person is later intimidating and threatening Database (NDNAD) for possible acquitted of all charges.

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FEATURE Striking the right balance

Maya Sikand, a barrister at Garden Court Chambers, outlines how the operation of ASBOs in recent years should serve as a warning about the consequences of the unfettered use of other civil orders

am writing this article exactly seven years to the of these result in a heavy penal sanction: breaking an day since the introduction of the Human Rights Act ASBO, for example, can involve a maximum sentence 1998 (HRA). Although both the Crime and Disorder of five years. More importantly, the safeguards Act 1998 (which gave birth to ASBOs) and the HRA normally associated with criminal trials do not apply. were enacted in 1998, the Crime and Disorder Act 1998 Ever since the House of Lords ruled that ASBOs were came into force on 1 April 1999 while the HRA didn’t preventive and not punitive measures and therefore come into force until 2 October 2000. And while the civil not criminal,2 the government has rolled out a HRA has had an important effect in other arenas, its brand new ASBO-type civil order every few years. The impact in the arena of criminal justice has been fairly majority of these powers have been introduced to muted. Certainly it would not be inaccurate to say that tackle what is now commonly referred to as antisocial the HRA has had little or no direct impact on the behaviour. If one examines the number and range of government’s approach to the policing of antisocial these powers, the result is quite astonishing. behaviour. The government’s consultation paper, Strengthening Powers to Tackle Antisocial Behaviour, The range of quasi-criminal powers available sets out proposals to reform and extend existing The use of civil orders to prevent criminal and quasi- antisocial behaviour legislation. The avowed goal is a criminal activity is not a new invention. Local ‘simpler, swifter, fairer and more effective system.’ 1 authorities have had a statutory power to ‘promote or The proposals are apparently based on the expressed protect the rights of inhabitants in their area’ by way needs of frontline police officers and other of injunctive relief since 1972.3 This power has been professionals who may come into contact with commonly used to tackle begging, prostitution and behaviour that is deemed ‘antisocial’. Strikingly, there kerb-crawling, thereby invoking the assistance of the is no mention whatsoever in the consultation paper of civil courts in aid of the criminal law. Exclusion how these policies should be viewed in relation to the orders to counteract football hooliganism (more European Convention on Human Rights or the HRA. recently in the form of ‘football banning orders’) have The proposals include ‘new frontline powers to deter been available in one form or another in the criminal and prevent antisocial behaviour’, the introduction of a courts since 1986.4 Breach of them constitutes a deferred fixed penalty notice system, and the widening criminal offence. of the existing crack house closure order regime to These powers have widened and grown enormously include the power to close down premises on which over the last few years, in particular with the antisocial behaviour takes place. It is quite clear from introduction of the Crime and Disorder Act 1998, the even a cursory reading of these proposals that the Police Reform Act 2002 and the Antisocial Behaviour government has paid little heed to both recent and Act 2003. The Crime and Disorder Act 1998 historical examples of the litigation that has inevitably resulted when the police are vested with extremely introduced not only ASBOs (limited to the criminal wide discretionary powers. The proposals not only courts at that stage) but also parenting orders, sex give frontline police officers greater discretion than offender orders, child curfew orders and child safety they already have, they lack the kind of judicial orders. The Police Reform Act 2002 introduced ASBOs safeguard that is always necessary when discretionary in the county court and increased their availability powers which affect the liberty of the subject are being generally. The Antisocial Behaviour Act 2003 further exercised. Some of the proposals already appear in the widened existing powers and brought in a raft of new new Criminal Justice and Immigration Bill and no measures including crack house closure orders, doubt, in due course, will become the law of the land. dispersal orders and new powers to tackle fly posting, graffiti, waste and litter. It is clear that our current government is hell-bent on continuing its love affair with the ASBO-type order As the popularity of ASBOs increased, the Serious (civil orders imposed in the criminal courts). Breaches Organised Crime and Police Act 2005 gave the

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FEATURE Striking the right balance

Secretary of State the power to extend the list of plight of those whose lives are deeply affected by authorities that can apply for ASBOs. The list of antisocial behaviour. There are indeed those who are relevant bodies that can apply for ASBOs (traditionally affected by the unacceptable behaviour of others and the police, local authorities and social landlords) was who are accordingly entitled to protection from widened to include Transport for London, the persistent exposure to certain types of behaviour Environment Agency and most recently, residents’ which cannot be effectively prosecuted in criminal groups. In addition, the Criminal Justice Act 2003 courts due to evidentiary requirements. But the ASBO introduced individual support orders and the Drugs regime has not always focused on the plight of those Act 2005 introduced intervention orders, although people and has often been misused by those who these can only be made in addition to an ASBO. have the power to apply for ASBOs. The overuse and, in some cases, the abuse of ASBO powers has meant A few more recent additions… that the orders have been ridiculed by the media and considered a ‘badge of honour’ by some disaffected Just when we thought we had enough orders, the young people.5 Some of the ways in which ASBOs are Violent Crime and Reduction Act 2006 was enacted perceived to be misused are discussed below. early this year. It introduced drinking banning orders modelled on the ASBO which can be issued on a stand-alone or post-conviction basis. Like ASBOs, ASBOs – ‘made to be breached’ breach of such an order is considered a criminal There is a spectrum of behaviour in society which can offence. In addition, in January 2007 we saw the be defined as dysfunctional, compulsive or publication of the Serious Crime Bill which seeks to disordered. Calling 999 repeatedly and pretending to introduce serious crime prevention orders (already faint when ambulance staff turn up; faking a heart colloquially known as the ‘Super ASBO’). This order attack to get into an operating theatre; having a fetish would prohibit or restrict an individual’s financial for medical supplies and hanging around hospitals; dealings, working arrangements or access to premises pretending to be a werewolf and howling loudly: for up to five years, without the individual having these are all real examples of behaviour that has been been convicted of any offence. The High Court would subject to ASBOs. There is no doubt that some of this only need to have reasonable grounds to believe that behaviour is alarming, perhaps even distressing, but the order would protect the public by preventing, one thing it ought not to lead to is a ‘two-stop restricting or disrupting involvement by the person in criminal offence’.6 serious crime; crown court judges would have similar powers but on conviction of a defendant. Once more, Obtaining ASBOs against people with behavioural this is a civil order with the potential for extremely difficulties and/or obsessive compulsive disorders is restrictive prohibitions. Breach of it would constitute unlikely to make them desist from this behaviour.7 In a criminal offence, punishable on indictment for up to effect, all it does is catapult vulnerable people into five years plus the power of forfeiture. the criminal justice system and, in the event of a breach, into already overflowing prisons. This is Plus more proposals for the future… where government-speak about rights and responsibilities breaks down. People in this category Despite the steadily rising prison population, which has undoubtedly been exacerbated by an increasing are not always able to take responsibility for their number of people being sent to prison for breaching actions precisely because they suffer from a disorder one of the many civil orders described here, the that may need psychiatric or other specialist Criminal Justice and Immigration Bill is proposing the treatment or support. It may well be that the disorder introduction of violent offender orders. The advent of is untreatable or has gone undiagnosed. the violent offender order, which can be described as a post-conviction ASBO for those convicted of serious Geographical inconsistencies crime, suggests that officials have concluded that a There is no doubt that the use of ASBOs varies across prison sentence and licence conditions are not sufficient punishment for individuals convicted of Britain. Because of these geographical inconsistencies, certain violent offences. there is a perception that if you live in a particular part of the country, you are more likely to have an In order to understand why this ever-increasing list of ASBO imposed upon you for behaviour which in orders should be feared, one only has to look more another part of the country would be dealt with by closely at the way ASBOs have operated over the last some other means, if at all. A glance at the Home eight years. Office statistics reveals that Greater Manchester reported 1,045 ASBOs between April 1999 and Overuse and abuse September 2005 – by far the largest number of It has often been said by the government that civil applications in the period. Manchester was followed by liberties organisations or individuals that campaign Greater London which reported 749, the West Midlands against ASBOs are out of touch or unaware of the 554, and West Yorkshire 550. It would seem that the

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use of ASBOs is directly related to the political Finding a new definition for antisocial behaviour priorities and resources of a particular local authority and not necessarily to the level of antisocial behaviour, The other fundamental problem with ASBOs is the which could lead to the criminalisation of particular vague definition of antisocial behaviour. The current communities. definition, for the purposes of obtaining an ASBO, is boundless and, it would seem, deliberately so. A fast track to prison? According to the Crime and Disorder Act 1998, antisocial behaviour is ‘behaviour which causes or is The minimum age for an ASBO recipient is 10 years likely to cause harassment, alarm or distress to one or old. Between 1 April 1999 and the end of December more persons who are not in the same household as 2005, a total of 9,853 ASBOs were issued across the perpetrator’. In short, the test is whether others England and Wales, at least 3,997 of which had been have been, or are likely to be, upset by it. The 8 imposed on 10 to 17 year olds (over 40%). A closer consequences of such a definition are that the state look at the statistics reveals that in 2003 almost half may end up regulating behaviour which does not of all ASBOs applied for were against 10 to 17 year necessarily amount to a crime or indeed even a civil olds while in 2004 and 2005, this figure decreased to wrong-doing. approximately 40%.9 Worryingly, government statistics from 2004-05 revealed that 42% of ASBOs were There are endless examples of behaviour which could breached, 55% of breaches were punished with a cause harassment, alarm or distress. Some of them custodial term and 46% of young people who received are arguably part and parcel of urban living. Some of an ASBO were immediately placed in custody for a them may materially affect the quality of life of a breach.10 Young people are most likely to breach ASBO group of individuals in a particular locality. As Gil- terms which involve geographical restrictions and Robles, the European Commissioner for Human restrictions on association with others (the terms Rights, has noted, because ASBOs (unlike civil most commonly imposed on young people) and most injunctions) are intended to protect not just specific breaches will occur in the first quarter of the ASBO individuals, but entire communities, ‘the term.11 As the number of applications for ASBOs determination of what constitutes antisocial increases, given the high success rate in obtaining behaviour becomes conditional on the subjective them (see below) it follows that more ASBOs will be views of any given collective’.14 This in turn makes it breached. This in turn will continue to have an impact extremely difficult to define terms of orders in such a on our prison system and, ultimately, the society we way that ‘does not invite inevitable breach’.15 In other live in. words, there is a real danger of ASBOs (and similar civil orders) being preventive in form alone and truly Rubber-stamping by the courts punitive in substance. The other real concern about ASBOs is the degree and Editor’s note Some of this material was first published by Legal Action Group in ASBOs: A practitioner’s guide to defending antisocial quality of judicial supervision at the time of behaviour by Maya Sikand and is reproduced by agreement with the imposition. In the first six years of the ASBO regime publishers. (between 1 April 1999 and 31 March 2005), 5,557 ASBOs were applied for in England and Wales, and Notes 1 Home Office (2006) Strengthening Powers to Tackle Antisocial Behaviour London: only 58 refused by the courts (in Wales, all of the 211 Home Office applied for were granted).12 That translates as a 99% 2 McCann and Ors v Crown Court at Manchester; Clingham v K and C Royal Borough success rate. There is an absence of data as to Council [2002] UKHL 39, [2002] 3 WLR 1313, [2002] 4 All ER 593, HL 3 Section 222 of the Local Government Act 1972 whether the orders are granted in the terms applied 4 See in particular the Football (Spectators) Act 1989 (as amended by the Football for. The absence of any data in relation to how many ((Disorder)) Act 2000) ASBOs are appealed, and to which court, makes it 5 Solanki A, Bateman T, Boswell G and Hill E (2006) Antisocial Behaviour Orders London: Youth Justice Board difficult to judge whether or not the 99% success rate 6 Gil-Robles A (2005) Report by Mr Alvaro Gil-Robles, Commissioner for Human Rights, is an accurate statistic for all localities. However, the on his visit to the UK 4-12 November 2004 Strasbourg: Council of Europe high level of breaches to date may very well indicate 7 The British Institute for Brain Injured Children and the National Autistic Society have been highlighting the plight of those with autism, ADHD and other disorders against that either ASBOs are not appealed very often or that whom ASBOs have been obtained. they are not successfully appealed. Even if they are 8 This figure comes from the antisocial behaviour statistics compiled by the Home Office, which can be found at www.crimereduction.gov.uk/asbos2.htm (note: no age appealed, it may be too late given that a large number figures available for period April 1999–May 2000). of ASBOs, particularly against young people, are 9 www.crimereduction.gov.uk/asbos2.htm breached in the very early stages.13 The dramatic 10 Select Committee on Home Affairs (2005) The 5th Report from the Home Affairs increase in the body of case law on ASBOs in the last Committee Session 2004-2005 – Antisocial Behaviour London: Home Office 11 Youth Justice Board (2005) Antisocial Behaviour Orders: An assessment of current few years may well mean that there is a changing management information systems and the scale of antisocial behaviour order climate, both in terms of a greater willingness by breaches resulting in custody London: Youth Justice Board 12 The figures for the number of ASBOs applied for between April 2005 and December lawyers to challenge ASBOs, as well as a recognition 2005 were not available. by the higher courts that the arbitrary application and 13 www.crimereduction.gov.uk/asbos2.htm granting of ASBOs has had a serious impact upon our 14 Gil Robles A (2005) Report by Mr Alvaro Gil-Robles prison population over the last eight years. 15 ibid

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FEATURE A necessary framework

Vivien Stern, Baroness and Senior Research Fellow at the International Centre for Prison Studies at King’s College, argues that misconceptions about the Human Rights Act mask its importance as a safeguard not only for basic human rights, but also for the physical safety of people in the criminal justice system

n May 2006 the Chief Inspector of Probation, ongoing controversies more closely.5 The committee Andrew Bridges, published his review of the looked in detail at the Chief Inspector of Probation’s release of life-sentence prisoner Anthony Rice.1 report for evidence to justify claims that any decision The Bridges Report was commissioned because nine about the release or management of Anthony Rice was months after his release, Anthony Rice murdered a affected by human rights considerations being given woman named Naomi Bryant. The report of the Chief precedence over public protection. They failed to find Inspector got more publicity than probation evidence that this was the case. The report did, inspectors’ reports usually attract. Most of the however, list the many other failures which led to the publicity centred on one controversial point, which mistaken decision to release Anthony Rice. was repeated five times in the 78-page report. The Based on these findings, the JCHR decided to write to people managing Anthony Rice’s case had ‘started to Andrew Bridges to clarify what he had said. Bridges’ allow public protection considerations to be reply was interesting. His report, he said, made no 2 undermined by human rights considerations.’ comment on the Human Rights Act itself. And it was, A furore broke out. The Daily Telegraph noted on the he said, ‘a huge distortion of his report’s findings to front page under the headline ‘His rights were put say that Rice was released in order to meet his human before her life’ and that ‘a dangerous criminal was rights.’ 6 The JCHR reached similar conclusions about released from a life sentence because his human the failure of the Home Office to deport some foreign rights were put before protecting the public.’3 The prisoners. The Human Rights Act had nothing to do following day the Sun announced a campaign to get with it, and both the Lord Chancellor and Baroness the government to ‘rip up the Human Rights Act’. Scotland publicly acknowledged their acceptance of the conclusions reached by the committee. The Bridges report was made public around the same time as a controversial High Court decision in a case In spite of these findings, many people continue to involving nine people from Afghanistan who had regard the Human Rights Act as an absurd system hijacked an airliner to flee to the UK. The court imposed from abroad that inexplicably gives rights to decided that they could not be sent back to people who do not deserve them. The idea that the Afghanistan because they faced a real risk of being Human Rights Act is against victims and for criminals tortured or killed there. At the same time, the Human has become deeply ingrained into the national Rights Act was being criticised for preventing the psyche. The Yorkshire Post reported on 27 August government from deporting foreign prisoners at the 2007 that the vicar comforting the family of end of their sentences. In the House of Commons on murdered 11-year-old Rhys Jones, the Reverend T 17 May 2007, the then Prime Minister, Tony Blair, HarryRoss, had criticised the act for giving more said, ‘... we will make sure that our human rights rights to criminals than their victims and said it was legislation does not get in the way of common sense partly to blame for people being scared to leave their legislation to protect our country.’4 The opposition homes in the area of Liverpool where Rhys was shot.7 joined in the uproar and the Prime Minister asked the Philip Davies, MP for Shipley, added, ‘The Human Lord Chancellor and the Home Secretary to review Rights Act has been a charter for murderers, rapists, how the Human Rights Act was working. illegal immigrants and bogus asylum-seekers… people are sick to the back teeth of it.’ In response to this concerted attack on the human rights framework, the Parliamentary Joint Committee The gap between the view of human rights in criminal on Human Rights (JCHR) decided to examine the justice held by the Reverend Ross and millions of

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others and the reality of actual treatment in the Sadly, these two cases are representative of many criminal justice system is so vast it seems others such as Zahid Mubarek, who was killed in his insurmountable. One part of this reality is the story cell at Feltham prison by a mentally disturbed cell of Christopher Edwards. In 1994 Christopher mate, and Shahid Aziz, who was stabbed by his Edwards, who had a history of schizophrenia, was cellmate at Leeds prison in 2004. Nor is Judith arrested and remanded in custody at Chelmsford McGlinchey the only sick heroin-addicted woman to die Prison, following a breach of the peace. He was put in prison; six women with similar problems died in into a prison cell along with another prisoner. In the Styal prison between August 2002 and August 2003.10 early hours of the morning prison officers heard Death in prison through neglect or mismanagement banging on his cell door. When they went in they may represent the ultimate failure of the system, but found that Christopher Edwards had been kicked to there are others no less awful. Treating detained death. His cell mate made continual reference to people in an inhuman and degrading way is outlawed being possessed by evil spirits and devils. by all international and human rights treaties, yet The European Court of Human Rights decided prison conditions can be so bad that they constitute unanimously that the United Kingdom had violated inhuman or degrading treatment. Adele Price, a the European Convention on Human Rights.8 The thalidomide victim with no arms or legs, was sent to government had failed to look after Christopher prison for seven days for contempt of court in properly and they had failed to investigate the death January 1995. The European Court of Human Rights properly. Christopher’s parents, Paul and Audrey found in July 2001 that her treatment in prison Edwards, fought for seven years to bring the case to amounted to inhuman and degrading treatment and court and became active campaigners for the awarded her costs and compensation. The court introduction of restorative justice. considered that ‘to detain a severely disabled person in conditions where she is dangerously cold, risks Another instance of the reality of treatment in the developing sores because her bed is too hard or criminal justice system can be seen in the story of unreachable, and is unable to go to the toilet or keep Judith McGlinchey. Judith McGlinchey was a heroin clean without the greatest of difficulty, constitutes addict who also suffered from asthma. Although the degrading treatment contrary to Article 3.’ 11 court was offered a choice of a probation order with drug treatment, McGlinchey was sentenced to prison In April 2004, a court ruled that Robert Napier, a for four months for theft in December 2002, in spite prisoner in Barlinnie Prison in Glasgow be moved to of her health problems. As soon as she entered New better conditions because his prison cell constituted Hall Prison, she began to suffer frequent attacks of ‘inhuman or degrading treatment or punishment.’ The vomiting. The vomiting did not cease, day or night, court based this decision on reports that Napier had to and it was accompanied by a steep and heavy loss in use a bucket as a toilet in a cell shared with other weight. One week after she began her sentence, she prisoners and was only allowed out of his cell one hour was taken to hospital by ambulance. She died 20 days per day.12 The case was brought under the Human later. The European Court again found that the prison Rights Act 1998 which introduced the European authorities had failed to comply with their duty, this Convention on Human Rights into UK law. time to provide requisite medical care.9 Their Prisoners’ families also often complain of being treatment of Judith McGlinchey had therefore violated treated with disrespect. Rarely can that disrespect be the prohibition against inhumane and degrading taken as far as it was when Mary Wainwright and her treatment contained in Article 3 of the convention. son Alan, who has cerebral palsy and severe arrested social and intellectual development, went to visit her other son in Leeds prison. Since the imprisoned son was suspected of drug offences within the prison, the governor ordered that all of his visitors be strip searched. Mary and Alan Wainwright did not know Top Tories support Rhys vicar's this would happen to them. On arrival at the prison Mrs Wainwright was taken by two female officers into onslaught on Human Rights Act a small room overlooking offices. There were roller blinds on the windows, but they were not pulled Political Correspondent down. Her sexual organs and anus were visually examined. She was asked to pull her vest up above The vicar comforting the family of murdered 11-year-old Rhys Jones her breasts. After she had been told to put her clothes yesterday launched a scathing attack on the Human Rights Act – branding it back on, one of the officers asked her to sign the a "sticking plaster over a gaping wound". form to consent to a strip search. Alan Wainwright The Rev Harry Ross criticised the Act for giving more rights to criminals was taken to a separate room by two male officers. than their victims and said it was partly to blame for people being scared to Once in the room, one of the officers put on a pair of leave their homes in the area of Liverpool where Rhys was shot. rubber gloves. Alan had to remove all his clothes. One "Why should the moral majority be afraid of the immoral minority? Why are people afraid to speak out when something is wrong, why are we afraid to go out, why are parents afraid of telling their children not to do 17 Autumn 2007 Safer Society Nacro something? "We've got a Human mad.Rights It's Act all atfor the the moment perpetratorsvictims. that's We've rathergone got absolutely than to toget the the back SS34 text 18 Oct 07:Safer Society 18/10/07 12:54 Page 18

FEATURE A necessary framework

Without the human rights framework, the potential for ill treatment and gross inhumanity would be vast given that the criminal justice system gives the state great powers over the individual

of the prison officers looked all around his naked such as the right to family life. These are all serious body, lifted up his penis and pulled back the foreskin. restrictions of hard won rights and freedoms and Alan was then given a consent form to sign. He should only be imposed within a strict framework of explained that he could not read and that he wanted law, proportionately and with a range of protections. his mother to read it to him. The officers ignored this We are fortunate that, in spite of the media and the request and said that if he did not sign the form he political reshaping of the Human Rights Act into a would not be allowed in to visit his brother. He signed symbol of weakness towards criminals and injustice the form. to victims, so many people work to protect the The Wainwrights took their case to the European human rights of people in the criminal justice Court of Human Rights. The court found the UK system. The work of independent monitoring boards government was in breach of the right to respect for in prisons and immigration removal centres, many private life because prison guidance on the conduct NGOs, human rights lawyers and investigative of strip searches had not been complied with, journalists, as well as the work of HM Inspectorate of effective consent was not secured and the searches Prisons, the Prisons and Probation Ombudsman and were not proportionate to a legitimate aim in the many members of Parliament is all vital to protecting manner in which they were carried out.13 human rights. And of course, the general public too Most recently, information has come into the public does not always fall for the mythical interpretation of the Human Rights Act. We should celebrate the domain from the inquests into the cases of Adam actions of the Shetland Islanders who saw one of Rickwood and Gareth Myatt – two boys who died their number, a young man born in Thailand called under state care in secure training centres. These sad Sakchai who had been there since he was 10, taken and avoidable deaths give rise to a range of human away to England and imprisoned prior to deportation. rights questions. Should children of 14 and 15 be In 2004 Sakchai went through some difficulties and locked up for punishment? The United Nations he got a prison sentence of 15 months for starting a Convention on the Rights of the Child says no. If they fire while he was intoxicated. After prison he came have to be held in a secure setting should it be a back home and got a good job at the sports centre in prison-like environment? The convention says no to Lerwick. Then very early one morning in June 2006 that too. Should force be used to restrain them for he was seized from his bed in his home and taken disobeying orders? Again, the United Nations away by immigration officials because he had served Committee on the Rights of the Child says no. When a prison sentence and he did not have British the state contracts its human rights responsibilities to nationality. There are 20,000 people living in a private company, who is accountable? The answer Shetland; 9,000 of them signed a petition to get him is, we do not really know. These cases show us what released on bail and sent back to Scotland. He won can happen even where there is a human rights his appeal and he is still there. framework that the government is committed to. In the end, it is up to all of us. Without the human rights framework, the potential for ill treatment and gross inhumanity would be vast Notes 1 HM Inspectorate of Probation (2006) An Independent Review of a Serious Further given that the criminal justice system gives the state Offence Case: Anthony Rice London: HMCIP great powers over the individual. The criminal justice 2 ibid 3 Johnson P ‘His rights were put before her life’ the Daily Telegraph 11 May 2006 process allows the state to stigmatise someone 4 House of Commons debate, Hansard, col 990, 17 May 2006 through a criminal record which may affect that 5 Joint Committee on Human Rights (2006) The Human Rights Act – the DCA and Home Office Reviews: Thirty-second report of a session 2005-06 London: The Stationery Office person’s prospects for the rest of their life, even if the 6. ibid 7 Smithard T ‘Top Tories support Rhys vicar’s onslaught on Human Rights Act’ Yorkshire offence is as minor as putting one’s feet on a seat on a Post 27 August 2007 train. The criminal justice system can take away the 8 European Court of Human Rights Paul and Audrey Edwards v the United Kingdom (Application no. 46477/99) right to drive, therefore closing off many ways of 9 European Court of Human Rights McGlinchey and others v the United Kingdom (Application no. 50390/99) earning a living. Court orders can restrict travel by 10 Prisons and Probation Ombudsman for England and Wales (2003) The Death in Custody impounding passports, restrict freedom of movement of a Woman and the Series of Deaths in HMP/YOI Styal August 2002-August 2003: Report by the Prisons and Probation Ombudsman for England and Wales London: by curfews and antisocial behaviour orders and Prisons and Probation Ombudsman for England and Wales 11 European Court of Human Rights Price v the United Kingdom (Application no. 33394/96) restrict freedom of association by dispersal orders. In 12 Opinion of Lord Bonomy in Petition of Robert Napier against the Scottish Ministers the most serious cases, the state can deprive people of (2004) Scot CS 100 (26 April 2004) 13 European Court of Human Rights Wainwright v The United Kingdom (Application no. their liberty and thereby of most of their other rights, 12350/04)

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FEATURE Equal but different Considering a rights based approach for women offenders

Jon Collins, Senior Policy Officer for Women and Justice at the Fawcett Society, examines the role of human rights in improving the criminal justice system for women

s a result of the publication of a Home Office In total, 71 women have taken their own lives in sponsored review of vulnerable women in the prison in the last decade, which is particularly criminal justice system (discussed by its shocking given that in the previous five years before author, Baroness Corston, in the last issue of Safer this, the figure was 10. Given this dramatic increase, Society) the management of female offenders and the it is clear that the government must prioritise the use of prison for women have been prominent in the reduction of suicides in women’s prisons in order to emerging policy landscape of the new Ministry of meet its obligations under Article 2 of the ECHR. Justice. However, alongside the structural changes Article 2 also places a duty on the state to establish proposed in the Corston Report, and complementary an independent investigation into every death in to them, it is important that human rights are a key custody. For this duty to be met, inquests into deaths consideration in the debate around offender in custody must be robust and rigorous, examining management, and particularly the management of the circumstances of the death as well as when, where prisons. and how it occurred. In addition, INQUEST has argued A human rights based approach that wherever Article 2 is employed, public funding must be made available to allow bereaved families to Due to their unique circumstances, people in custody have full legal representation at the inquest and to are more vulnerable to breaches of their human rights allow the families to attend the inquest itself. This than the general population, and women prisoners call is echoed in the Corston Report which argues that may be particularly at risk because research has shown that they are more likely to have ‘such funding must not be means tested and any vulnerabilities such as mental health problems or financial eligibility test should be removed whenever 1 experiences as victims of sexual abuse. Yet, when the Article 2 is engaged’. state imprisons any individual it assumes Also important, particularly for women prisoners, responsibility for protecting that person’s human given that approximately two-thirds have dependent rights. As a consequence, it is vital that offenders’ children and a third have a child under five, is the human rights are considered in the development of right to a family life, included in Article 8 of the criminal justice policy. ECHR. This should be a consideration in determining When examining the European Convention on Human the geographical location where a female offender is Rights (ECHR), Article 5, which details the right to imprisoned. Due to the dispersed nature of the liberty and security, and Article 6, the right to a fair women’s prison estate, women are, on average, trial, are clearly both significant to all prisoners. Also imprisoned further away from their homes and important is Article 2 of the ECHR, which guarantees families than male prisoners. If women are the right to life and therefore places duties on the imprisoned too far away from their homes and state to prevent deaths in custody. This is particularly families to allow regular visits, this risks violating relevant for women given the high levels of suicide in their rights. Article 8 of the ECHR should also be a women’s prisons, which have increased dramatically consideration in sentencing and in bail decisions, and this year. In the first six months of 2007, six women the Fawcett Society’s Commission on Women and the committed suicide in prison in England and Wales – Criminal Justice System has recommended that where more than in the whole of either of the last two years the defendant or offender has caring responsibilities, – demonstrating the ongoing failure of the criminal they should not be remanded or sentenced to prison justice system to meet the complex needs of women. without a report on the impact of incarceration on

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FEATURE Equal but different

their dependants. The right to a family life should also implemented on 6 April 2007 and places a statutory play a role in decisions made by the prison service in obligation on all public authorities to have due regard admitting prisoners to mother and baby units and in to the need to eliminate unlawful discrimination and drawing up visiting times and restrictions. harassment and to promote equality of opportunity between women and men. Article 8 of the ECHR also includes the right to a private life, which has been interpreted by the The importance of equal outcomes rather than equal European Court of Human Rights as including the right treatment is also recognised in the government policy to physical integrity. This should be a consideration in paper, Justice: A new approach, which was published the use of strip searches in prison, which can be to coincide with the launch of the new Ministry of particularly traumatic for women who have histories Justice. It explicitly states that there will need to be of abuse and violence. Similarly, Article 3 of the ECHR, ‘different approaches for different offender groups to which protects the right to freedom from torture and ensure they are treated equally and not just treated inhuman and degrading treatment, and Article 10 of the same’.6 The Rt Hon David Hanson MP, the new the International Covenant on Civil and Political Rights minister for prisons and probation, also (which states that ‘all persons deprived of their liberty acknowledged in a recent speech that ‘The long term shall be treated with humanity and with respect for effects of short-term imprisonment can be far more the inherent dignity of the human person’ 2) should be significant and detrimental for women than other a consideration in the design and operation of prison groups. It can have the effect of feeding rather than regimes. For example, inadequate healthcare provision stopping the cycle of crime.’ 7 for prisoners may be in breach of Article 3 of the ECHR, as may the inappropriate use of physical Human rights in practice restraint. The former is particularly relevant to female While an understanding of the legal framework is prisoners as they are more likely to have mental health essential, if a human rights based approach to problems than male prisoners. managing women offenders is to be successful, it has to go far beyond simply meeting legal obligations, Equal but different important though they are. Human rights principles Underpinning all of the above is Article 14 of the must be applied in practice across the criminal justice ECHR, which prohibits discrimination, stating that the system, proactively promoting the human rights of ‘enjoyment of the rights and freedoms set forth in offenders. This approach can have extremely positive this convention shall be secured without results. For example, Baroness Corston highlights in discrimination on any ground’.3 Women are a minority the Corston Report her experience of visiting Cornton of known offenders, making up only around 16% of Vale prison in Scotland. She reports that she was:‘very those arrested for notifiable offences and less than 6% impressed by what the former governor of Cornton of the prison population. Given that they are a Vale had achieved by running her prison in a gender- minority, it is essential that female offenders are sensitive way, with respect and relationships – recognised as having different needs from male reciprocal relationships between prisoners and offenders, and that separate provision is developed to between staff and prisoners – as the cornerstone. From meet these distinct needs. Too often in the criminal this key central principle, others fall into place… This justice system, commitment to equal treatment is is a human rights approach to prison management.’ 8 taken to mean treating everyone the same rather than This demonstrates the potential of a human rights responding to the differences between offenders, and based approach to transform a previously problematic between different groups of offenders. A move prison. Replicated across the system, this could lead towards equal outcomes between women and men is to a radically different approach that would remove long overdue in the criminal justice system, a system many of the barriers to improving women’s where women’s needs are often neglected in a regime experiences of the criminal justice system. Such an designed for men. approach would help to address women’s complex This approach is supported by human rights needs, reduce crime as well as benefit women, their legislation. As Baroness Hale, Britain’s first female Law families and wider society. Lord, highlighted in the 2005 Longford Lecture,4 the importance of treating women differently from men Notes 1 Corston J (2007) The Corston Report: A review of women with particular vulnerabilities has been emphasised by the European Court of Human in the criminal justice system London: Home Office Rights, which ruled in Thlimmenos v Greece,5 that: ‘the 2 Council of Europe European Convention on Human Rights www.unhchr.ch/html/menu3/b/a_ccpr.htm – date accessed: 3 September 2007 right not to be discriminated against in the enjoyment 3 Council of Europe European Convention on Human Rights of the rights guaranteed under the convention is also conventions.coe.int/treaty/en/Treaties/Html/005.htm – date accessed: 3 September 2007 violated when states without an objective and 4 www.longfordtrust.org/11156/19456.html – date accessed: 31 August 2007 reasonable justification fail to treat differently persons 5 Thlimmenos v Greece (2001) 31 EHRR 411, paragraph 44 6 Ministry of Justice (2007) Justice: A new approach London: Ministry of Justice whose situations are significantly different.’ This is 7 Hanson D (2007) Speech at the launch of the Corston Report 25 July 2007: see now bolstered by the gender equality duty, which was www.fawcettsociety.org.uk 8 Corston J (2007) The Corston Report

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No place for children

Frances Crook, Director of the Howard League for Penal Reform, considers the consequences of the government’s continuing failure to fully comply with the United Nations’ guidelines for the treatment of children in custody

n June of this year the Howard League for Penal should be used for children only as a measure of last Reform, which has United Nations consultative resort and for the shortest appropriate period of time. status, made an independent submission to the UN Prisons are no place for children. They are Committee on the Rights of the Child. Our submission institutions designed for security rather than care. was on children in prison, regarding their rights and The very structure of a prison – the size of its units the government’s responsibilities. We found that the and the low levels of staffing – make it extremely UK government is not adhering to its obligations difficult to deliver child-centred care within its walls. under the Convention on the Rights of the Child (CRC), The staff-to-child ratio in prisons ranges from three with regard to the treatment of children in the to six staff members for between 40 and 60 children criminal justice system in England and Wales. The and as it is, there is a lack of training for these staff, submission details how the government is in breach with the only compulsory component of prison officer of at least 10 articles of the convention. training being in physical control and restraint. This The profligate use of prison for children, the is simply unacceptable for a developed nation in the infliction of pain and injury to control children 21st century. Training should be compulsory for all behind closed doors, child deaths in custody, lack of staff and should focus on children’s rights, effective physical exercise and the use of segregation blocks communication skills and child protection. that resemble modern day dungeons, are all ways in Another concern is the growing number of vulnerable which the treatment of children in custody in our children that are being placed in custody. The Howard country amounts to child abuse and, in some cases, League obtained figures from the Youth Justice Board may actually be criminal. (YJB), which showed that during the period April 2004 to March 2005, a total of 3,370 children who had been The story of how the government has failed these identified as vulnerable were placed in penal custody. children begins with the simplest formulation of all: Since then the YJB has commissioned – and left more children are locked up in England and Wales unpublished – research that demonstrates how the than in any other country in Western Europe. In majority of children in the criminal justice system have statistics published by the Council of Europe in 2005, suffered some kind of abuse or neglect in their past. England and Wales was found to have an average of 2,274 children in custody during any given week in Forcible strip searching, physical restraint and the the year – compared to 1,456 in Germany, 628 in use of solitary confinement (in some cases for over a France, 73 in the Netherlands and nine in Norway. By month) were all matters investigated by an the middle of August 2007, the figure for England and independent inquiry set up by the Howard League Wales had risen by almost 25% to an average of 3,012 into the treatment of children in custody. Led by Lord children. The statistics reveal an increasing number Carlile of Berriew (now our President) the inquiry of young people in prisons in spite of the fact that published its report in February 2006. Since the Article 37 of the convention states that custody Carlile inquiry was published, we have seen no

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The profligate use of prison for children, the infliction of pain and injury to control children behind closed doors, lack of physical exercise and the use of segregation blocks are all ways in which the treatment of children in custody in our country amounts to child abuse

evidence that significant efforts have been made to stands at 82%, rising to a staggering 96% for those with improve the treatment of children in prison. more than seven convictions. Is it any wonder, when we consider the treatment meted out to children in In fact, on an issue such as the use of painful custody, that they fail to change their behaviour? These restraint, the government has actually moved further institutions teach children that violence and abusive away from the CRC. As recently covered in the press, authority are acceptable. As I said when we published the Ministry of Justice has changed the rules governing restraint in secure training centres. These our UN submission, the medieval use of the stocks rules were previously clear that restraint should be an seems more civilised than what happens to children in option only where it is necessary and when no England and Wales today. To put it into the more alternative method is available to prevent escape, diplomatic words of the UN, in its recently published injury, serious damage to property or incitement to general comment on juvenile justice: ‘…the any of these acts. These specific provisions have preservation of public safety is a legitimate aim of the since been amended so that physical restraint can justice system. However, the committee is of the now be used to ensure ‘good order and discipline’. opinion that this is best served by a full respect for and implementation of the leading and overarching Painful restraint is already common in secure training principles of juvenile justice as enshrined in the CRC.’ 1 centres. Between November 2005 and October 2006, methods of restraint in which pain was used to induce Perhaps this country’s failure to treat children in compliance were used 3,036 times on a population of custody as children rather than simply as ‘offenders’ boys and girls that never numbered more than 240 in is best summed up by our very definition of what it is that period. The fear is that this extremely vague new to be a child in the juvenile justice system. In England condition positively encourages the deployment of and Wales, children are considered fully culpable for restraint, and that the concept of its use as a last resort offences at the age of just 10. By contrast, the UN has is being undermined. Following pressure from Lord recommended that the minimum age of criminal responsibility should be no lower than 14, and that Carlile, the government has now launched an inquiry of 16 is in fact an appropriate age – allowing children to its own with an independent chair that will investigate be handled without judicial proceedings and fully the use of restraint throughout the juvenile secure respecting their human rights and legal safeguards. estate. It is hoped that some progress can yet be made. Children in conflict with the law are children first and None of this is simply a matter of human rights, foremost. If we fail to recognise this, then society will however. It is also about public safety and the pay the price with more crime, more reoffending, effective prevention of crime. Over two thirds of more victims and more suffering. children placed in custody reoffend within a year of Note release. For male boys aged 15-18, the reoffending rate 1 Committee on the Rights of the Child (2007) General Comment No. 10, 9 February 2007 Geneva: United Nations

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FEATURE Supermax prisons in the United States

Dr Sharon Shalev from the Mannheim Centre for Criminology at the London School of Economics, describes the features of super-maximum security prisons

he mass expansion prisons are designed to of the American hold several hundred criminal justice ‘They strip you prisoners (anywhere system since the 1980s is between 200 and 1,100) one of the most widely compared to a few dozen discussed issues among of everything, in ‘regular’ segregation academics and units, for many years, practitioners alike. The compared to weeks or a statistics are by now but replace it few months in segregation familiar. The United States units. incarcerates more people Since the late 1980s, these per capita than anywhere with nothing’ prisons have been else in the world, with 753 mushrooming across the people per every 100,000 US. A 2004 survey found US residents held in prison that in addition to those run by the federal or jail. In June 2006, there were more than 2.2 million government, 44 states operated at least one supermax people being held in jails and prisons across the US, prison. Supermax prisons vary from each other, but in with over 1.5 million of these serving a prison most, prisoners are held in single windowless cells sentence in a federal or state prison. The issue of what measuring between 50 and 80 square feet for 22.5 to happens once a person is incarcerated is much less 24 hours a day. They exercise alone in a small cage or widely discussed and prisons largely remain closed to concrete exercise yard with no recreational equipment outside view. This article examines some of the main for one hour, three to four times a week; they have no features of one type of prison in the United States – work opportunities and few, if any, in-cell educational supermax – where those deemed to be the ‘worst of programmes. Visits are limited in number and the worst’ are held. The findings are based on field duration and conducted through a thick glass barrier research conducted in two states and on interviews so that prisoners have no physical contact with with prison staff and current and former prisoners. visitors at any time. All supermax units are equipped Most prisoners will spend their prison sentence in a with high-tech measures of control, surveillance and ‘general population’ prison, where they will have inspection, and most utilise the ‘small pod’ design. contact with each other at designated times and some This involves housing units being divided into access to vocational, educational and recreational sections, each consisting of eight to ten single cells, activities. An estimated 2-3% of prisoners, however, arranged in two tiers and designed in a semi-circle will spend some of their sentence or their entire around a control booth to enable supervision of the sentence separated from others in prisons generically housing unit by a single guard. All cells face a wall, so known as supermax (short for super-maximum that prisoners have no view of each other and can security) prisons.1 Supermax prisons are large prisons only communicate by shouting. specially designed for holding prisoners labelled as high risk, dangerous or disruptive in strict and Cells are typically self-contained with a toilet and a prolonged solitary confinement. These prisons can be wash-basin, and cell doors are equipped with a feeding distinguished from traditional segregation units, slot through which prisoners receive all their daily which one would find in most prisons across the provisions. In some units cell doors are made of globe, by their high-tech design features that allow perforated metal, allowing a constant view into the near total separation between the prisoner and others cells and thus permitting prisoners no privacy. In at all times, and minimise the need for prisoner others, cells are sealed off with solid metal doors, movement in them. Additionally, most supermax which completely block out views, sounds and smells.

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FEATURE Supermax prisons in the United States

As standard procedure, prison officers wear eye only keep a limited number of reading materials and goggles and stab-proof vests inside the units, intended have no access to craft and hobby materials. In some as protection from bodily fluids that prisoners may states prisoners may purchase a television or a radio; throw from their cells, and from being stabbed by in others they can’t. Personal belongings are subjected makeshift weapons. The few interactions between to relentless scrutiny and inspection including routine prisoners and staff are carried out in a very efficient, ‘cell extractions’ which involve a team of six officers mechanistic way. According to one senior officer in a equipped with full riot gear searching the cell. The supermax unit, prisoners have lost the right to human prisoners’ canteen allowance is substantially lower contact: ‘Do we have an obligation to take care of than in general population prisons and permitted them? Yes. But do I have an obligation to provide him goods are carefully regulated. If a prisoner orders a with touching, feeling, contact with another human bottle of shampoo, for example, it will be removed being? I would say no. He has earned his way to the from its packaging and placed in a paper cup before [unit] and he’s earned just the opposite. He’s earned being delivered to the prisoner in his cell. the need for me to keep him apart from other people.’ 2 If prisoners are only able to leave their cells alone for The regime in supermax units reflects this a few hours each week, they only leave their housing philosophy: prisoners’ physical needs are met, but unit a few times annually for infrequent scheduled little more. Timetables are tight and precisely no-contact family visits, medical or dental calculated. Food, mail, medication, canteen goods and appointments, classification or disciplinary hearings library books are delivered to prisoners through the and, if the prisoner has a pending lawsuit, visits to slot in their cell door without much conversation or the law library. These activities take place in specially time wasting. The guidelines for staff in carrying out designated areas inside the building complex, to their tasks are clear: get in, do what you have to do, which prisoners are escorted from within the internal and leave immediately. corridors of the building. Prior to leaving their housing unit, prisoners are strip searched and, if ‘I’ve seen officers on their first day [that ask] “How are deemed necessary, subjected to a full body cavity you doing today?”, and then you see that officer three search. They are then shackled and put in leg months later… they just give you your tray and you restraints, and escorted by at least two officers to the go “Hey, can I…?” [and they reply] “No, no, no. I don’t designated area and placed in a holding cell the size wanna hear it.” That same officer that was new of a phone booth until their appointment or hearing eventually grows the attitude. Maybe it’s from other begins. Although they will be watched throughout this inmates talking back [to him], or maybe the [unit] has time and will not have any direct physical contact an effect on him too… I mean they gotta have some with anyone, once prisoners are escorted back to their kind of feeling. Maybe they learned… how to ignore cell they will be strip searched again. the inmate… or maybe they’re taught by other officers to remember, these guys are not human. They’re Other than cases of medical emergencies which animals. They’re who we want off the streets. They cannot be treated in the unit’s medical clinic and belong here... in this warehouse. Maybe they figure, court hearings, prisoners will not leave the internal hey, why should I talk to him? Why should I give him space of the building until their release from the unit. a conversation? Who cares he’s over there banging his In the case of lifers incarcerated for indeterminate head against a wall? He’s not human. He’s nobody.’ 3 periods, this means that they will never see the outside world for the duration of their prison Instances of deliberate disobedience usually involve sentence or natural life. no more than a prisoner refusing to return his food tray at the end of a meal. Such instances are responded to swiftly and harshly, and often involve Who is placed in supermax prisons and how? the use of force against prisoners. The rules are rigid, Supermax prisons are justified as tools of last resort as is their application by staff who have few for prisoners who are ‘the baddest of the bad – the discretionary powers in the daily running of most violent, the murderers, rapists, terrorists, supermax prisons. There is no system of rewards, bombers – those who cannot be managed anywhere only punishments and these too are laid out in detail else… the meanest, nastiest, most intransigent in administrative regulations. criminals in the country, the ones upon whom everyone else has given up.’ 4 In practice, in most The strict regulation of prisoners’ lives continues also jurisdictions one would find a combination of those when they are safely secured inside their cells. In who have committed a disciplinary offence in prison, addition to isolation and extremely restricted those who are considered to be high risk regardless of movement, prisoners’ in-cell provisions and belongings their actual behaviour, mentally ill prisoners, alleged are carefully regulated. Although supermax prisoners and declared prison gang members, and death row spend most of their days inside their cells, their prisoners. However, the definition of what constitutes personal property allowance is smaller than that of high risk is often wide enough to include anyone whom prisoners in general population prisons. They may prison authorities wish to include, and the process of

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‘Inside, no one can hear you scream’

prisoner classification and placement is flawed.5 prisons are run and in the placement process. In one Further, although placement in a supermax has serious such case a US district court judge described implications for prisoners, greatly increases the conditions in a supermax unit as ones which ‘may severity of the sentence imposed on them by the court, press the outer bounds of what most humans can and affects their chances of parole, the decision is psychologically tolerate’ and, in the case of mentally made by prison staff and is based on internal rules and ill prisoners, as being equivalent to placing an regulations and not subjected to external scrutiny. asthmatic in a place with little air to breathe.9 Human rights bodies have also raised concerns over the The process of release from supermax prisons is ‘excessively harsh regime’ of supermax prisons and subject to similar problems, and prisoners may find have stated that these may violate the prohibition themselves confined under extreme conditions for against torture, inhuman or degrading treatment.10 prolonged periods of time with few avenues out. In The disproportionate number of prisoners from some jurisdictions, prisoners are released from a ethnic minority groups in supermax prisons, reports supermax unit directly back to the community, without of excessive use of force against prisoners in them, any kind of pre-release programme to accommodate and the lack of any rehabilitative efforts or the transition from a life in perpetual isolation under programme provisions also raise human rights strict and tight controls to a life alongside others. A concerns. But supermax prisons are mostly designed recent study found that recidivism rates for supermax and operated just within what is legally permissible, prisoners released directly back into the community respecting the letter, but not the spirit, of the law. were significantly higher than those for prisoners who This makes legal challenges difficult to mount left a supermax three months or more before their successfully. So, as things currently stand, although release and for non-supermax prisoners.6 interventions may improve conditions inside supermax prisons at the margins, the principle of Human rights concerns regarding supermax prisons their operation is accepted as a legitimate prison The process by which prisoners are placed in practice and their proliferation in the United States supermax prisons, in addition to the prolonged shows no signs of abating. solitary confinement, harsh physical environment and Dr Shalev is currently writing a handbook on solitary confinement tight control measures they endure while in custody, for prison practitioners. give rise to serious human rights concerns and have Author’s note Due to variations in names and definitions of what been the subject of criticism and of a growing number constitutes a supermax, there are discrepancies in estimates of the of court cases across the US. Researchers largely agree number of prisoners held in these prisons. The latest available official that solitary confinement profoundly affects the figures are for the year 2000, which put the number of prisoners held in ‘administrative segregation’ in a supermax or a similar prison at human mind and may also lead to mental illness in 36,499. The total number of people held in solitary confinement is those with no prior mental health problems. The significantly higher, as to this estimate one should add death row following is a list of some of the symptoms that prisoners who are segregated (not necessarily in a supermax) studies have documented in isolated prisoners: awaiting execution, prisoners segregated in punitive and protective custody, and those held in solitary confinement in jails. The overall hypersensitivity to external stimulation, hallucinations use of segregation across the US has been rising at a rate which far (visual and auditory), body image distortions, thought exceeds the growth rate of the prison population – at 40% compared 11 disorder, time and space disorientation, anxiety and to 28% between 1995 and 2000. panic, paranoid states, depression, lethargy, emotional Notes instability, depersonalisation, irritability and rage, 1 Molden J (1997) ‘FLO: The big one’ Correctional Technology Magazine difficulty in impulse control, self-mutilation and 2 These extracts are taken from personal interviews conducted with prison guards and prisoners in March 2000. 7 suicidal behaviour. For those who already suffer 3 ibid mental illness, these effects can be particularly 4 Molden J (1997) ‘FLO: The big one’ Correctional Technology Magazine 5 For more information on this topic, see Shalev S (2007) ‘The power to classify: devastating. Considering that more than half of all avenues into a supermax prison’ in Downes D, Rock P, Chinkin C and Gearty C (eds.) those held in US prisons and jails have a mental health Crime, Social Control and Human Rights: From moral panics to states of denial Devon: Willan Publishing, pp. 107-119 8 problem, and that mentally ill prisoners are more 6 Lovell D, Johnson C and Cain C (2007) ‘Recidivism of supermax prisoners in likely to have a record of disruptive or violent Washington state’ Crime & Delinquency, 52(4), pp. 633-656 7 Grassian S (1983) ‘Psychopathological effects of solitary confinement’ American behaviour in prison, both diagnosed and undiagnosed Journal of Psychiatry, 140 (11), pp.1450-1454; Haney C (2003) ‘Mental health issues in long-term solitary and “supermax” confinement’ Crime & Delinquency, 49 (1), mentally ill prisoners can end up in a supermax pp.124-156 prison. 8 Bureau of Justice Statistics (2006) Special Report on Mental Health Problems of Prison and Jail Inmates Washington DC: US Department of Justice In some cases, the courts have acknowledged the 9 Madrid v Gomez, 889 F. Supp 1146, 1283 (ND Cal. 1995) 10 UN Committee Against Torture, May 2000 potential adverse health implications of supermax 11 Commission on Safety and Abuse in America’s Prisons (2006) Confronting prisons and have ordered changes in the way these Confinement Washington DC: Vera Institute of Justice

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FOCUS ON PRACTICE

nitially developed in the care system, the practice of advocacy supports young people and enables them to have a voice in the decisions being made about their lives. Voice, one of the UK’s leading voluntary organisations, has been providing A voice independent advocacy services in young offender institutions (YOIs) since 2004 to help meet the needs of young people under the age of 18. Established in the 1980s to pioneer the practice of for young advocacy for children in care, Voice campaigned successfully for a right to advocacy for children using the local authority complaints system to be enshrined in the Children Act 1989. It was also one of the people at organisations which assisted in the development of the National Standards of Advocacy published by the Department of Health in 2002. It currently provides advocacy for children in public care around the country, which includes three secure training centres. risk In addition, it runs a freephone 24 hour helpline for young people and a service providing independent persons and independent investigating officers as designated by the Children Act 1989. Youth advocacy in What advocates do in YOIs the justice system In order to help young people who become involved with the youth justice system make decisions about their lives, it is important they have independent information about the laws, policies and procedures that may apply in any particular situation. An Fran Russell, Legal and Policy Advisor for advocate’s primary role is to help the young person Voice and a solicitor, describes the development of put forward his or her view about a particular matter, advocacy for children detained in young offender even if the advocate does not believe it to be in the institutions child’s best interests – it is the young person’s view that matters the most. They also need to know what avenues exist for them to express their views through, for example, review meetings, complaints procedures and possibly court action. Voice. Our advocates visit every wing, including the Advocacy services did not exist in any YOI prior to segregation and healthcare units, several times a week 2004, even though services had been provided in depending on the size of the facility. We receive secure training centres since their establishment in referrals from young people themselves, members of the late 1990s. The announcement by the Youth prison staff or others, including Yot workers, social Justice Board (YJB) to extend advocacy services to workers and solicitors. Young people can also call our YOIs followed the High Court judgement in the 24-hour helpline and speak to a duty advocate who Howard League case1 which ruled that the Children Act will pass the case on to the advocates working within 1989 continued to apply to children when held in the relevant YOI. At Voice our advocates receive prison service custody and therefore, that as a result, information and training on prisons and child care law, children should have access to independent advocacy mental health and disability, with the opportunity to regardless of where they were held in custody. attend more specialised training in these areas once in post. They also have access to a team of specialist Funded by the YJB, the provision of advocacy serves advisors on disability, leaving care, mental health and as one of the measures to improve the safety of asylum seekers, and to a legal team with expertise in children in prisons.2 Voice advocates can provide child and prison law. support for all children who enter into custody, not just those who have been in care. As part of this Advocates attend meetings with the young person in measure, our team of Voice advocates are under relation to sentence planning, segregation review contract to speak to every young person within a boards, looked after children reviews and in some week of their arrival at one of the 10 YOIs covered by prisons, adjudications. As always, these meetings are

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Being listened to is important for this group of young people because many of them feel that their views are often ignored

attended only at the request of the young person. custody. Assessments of need and accommodation Once there, the advocate supports the young person under section 17 and 20 of the Children Act 1989 4 to speak for themselves or presents the case on their were previously never conducted with young people behalf if they prefer. In court adjudications, we are in custody, who were seen as the sole responsibility allowed to act as Mackenzie Friends, which means of youth offending teams. Now, when a young person that we can help the young person if they are not is subject to a care order at the time of custody, legally represented, but we are not allowed to speak social services retain their duties and responsibilities in court on their behalf. Often we will have worked as the child’s corporate parent and DfES guidance with the young person to prepare a statement they makes clear that section 17 and 20 assessments read out at the meeting or to prepare a list of issues should, where relevant, be done prior to release.5 they wish to raise. Our role is also to explain to the Many young people also qualify for help under care young person the procedure, ensure they understand leaving legislation, which imposes new duties on local the purpose of the meeting and what decisions are authorities to meet the needs of eligible children. likely to be made. Another task is to ensure that Often these changes are met with resistance by local young people know how to utilise their YOI, authorities, either because staff fail to understand Ombudsman or local authority complaints procedures their legal responsibilities in this area or because of and, in cases where it is relevant, how to contact their insufficient resources. Either way, advocates often MP. find themselves assisting young people in last ditch Helping young people assert their rights under the attempts to obtain basic services, the provision of Children Act 1989 has become a major part of the which can mean the difference between having work we do at Voice. Prior to 2002, when a looked accommodation on release and being homeless. This after child entered prison service custody, their file is a significant distinction, as it has been shown that was commonly closed, with the child no longer homelessness upon release from custody can impact considered to be the responsibility of social services. on the likelihood of a young person reoffending.6 This changed as a result of the High Court judgement in the Howard League case against the Home In accordance with advocacy principles, Voice aims to Secretary3 where it was stated that the Children Act resolve these issues without the need to refer the case 1989 continued to apply to children when held in for legal action. Since results in a courtroom usually

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FOCUS ON PRACTICE A voice for young people at risk

do not come quickly, it is usually better for the young come to welcome and support our service and are person to get it resolved without going to court. proactive in referring young people to advocates, as However, should this become necessary, the young well as being willing to work co-operatively to provide person is informed of the possibility of referring their support for the young people who need it. case for litigation and is assisted in making that referral. Other work with social services might involve What young people think ensuring pocket money is sent in for children on care orders or that the young person’s social worker is The crucial test for Voice has been how young people visiting them and attending sentence planning respond to our service and the latest figures show a reviews, as required under National Standards. 7 high rate of satisfaction. Ninety-four per cent of young people using the service in 2005/6 believed We also help young people with other aspects of their their advocates always listened, 84% said their custody and treatment in the institution. This can advocates helped them in the way they wanted, 91% range from reporting lost property to raising got a timely response and 80% of cases referred to complaints about treatment by staff. Voice advocates Voice were resolved. can also initiate prison procedures which alert staff to a young person being at risk of self-harm or suicide. Being listened to is important for this group of young In addition, advocates can also make safeguarding people because many of them have felt disempowered referrals regarding over-restraint by staff and help the by adults and feel that their views are often ignored. young person make disclosures about past abuse Obtaining the desired outcome for the young person is prior to entering the YOI. not always possible. However, what seems to be just as important as the outcome is that the issue is raised in the way the young person wants it to be. Having Integrating the service control over that simple aspect of the process can give a sense of great satisfaction and empowerment. Advocacy has been a new experience for YOIs. In the 1990s, the prison service accommodated the Children’s Society Remand Review Initiative in a Conclusion number of YOIs and the Howard League’s Troubleshooter Project in Feltham, but both of these The introduction of independent advocacy into YOIs programmes focused on galvanising outside services has been a major achievement for all concerned and to get children released from custody. While advocacy is becoming increasingly embedded within the in YOIs continues to challenge outside agencies, it is custodial environment. Advocacy also provides a also involved in helping young people question both mechanism for both those running the institutions systems and decisions made within the institution. and the YJB to get feedback on the issues raised by children, which was not possible in the past. It is easy One of the most difficult issues to counter has been to forget just how innovative the introduction of the belief by some YOI staff that the views expressed advocacy into YOIs is and how, only five years ago, its on behalf of a young person are in fact those of the presence seemed inconceivable. Clearly though, after advocate. At first there was a tendency for staff just three years in place (including set-up time) the members to want advocates to investigate the service is still developing. By continuing to foster veracity of what the young person was saying before good communication between the advocacy service bringing it to them. They found it difficult to and the YOIs, including local authorities in the understand that this was not the advocate’s role. ongoing dialogue and listening to young people, we Another challenge for advocates has been the issue of can ensure that advocacy in YOIs continues to be a safeguarding. Safeguarding involves keeping children service that maintains its independence and achieves safe from maltreatment and exploitation; accidental its stated goals. injury and death; bullying and discrimination; and providing safe, stable homes. Voice advocates, who Notes often come from probation, social work, law and 1 Howard League for Penal Reform v Secretary of State for the Home Department foster care backgrounds, originally entered YOIs with (2002) EWHC 2497 Admin [2003] 1 FLR 484 at [136] 2 Youth Justice Board Strategy for the Secure Estate for Children and Young People an approach to safeguarding that reflected practice Plans for 2005/6 to 2007/8 London: Youth Justice Board outside the prison service and which differed from 3 Howard League for Penal Reform v Secretary of State for the Home Department practice inside. Governors, staff and YJB officials have (2002) EWHC 2497 Admin [2003] 1 FLR 484 at [136] 4 The Children Act 1989 worked with Voice to try to reach a common 5 Department for Education and Skills (2004) Safeguarding and Promoting the Welfare understanding of these and other issues. The process of Children and Young People in Custody, Local Authority Circular 26, London: DfES 6 Youth Justice Board (2006) Suitable, Sustainable, Supported: A strategy to ensure has been less problematic in some institutions than provision of accommodation for children and young people who offend London: others, but overall there has been positive progress Youth Justice Board 7 Youth Justice Board (2004) National Standards for Youth Justice Services 2004 towards consensus. Many YOI staff members have London: Youth Justice Board

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FOCUS ON PRACTICE Demystifying gang culture

Practice Manager, Mike Montrose-Francis, describes the work of the Southwark Youth Offending Service Gangs Disruption Team

lthough the media spotlight has only recently goal of the 12-week programme is to demystify gang started to focus on the issue of gangs in culture and raise young people’s awareness of issues Britain in the wake of several highly pertinent to gang involvement, including its often publicised shootings, a small team of committed staff devastating consequences. The team also provides a in Southwark Youth Offending Service has been range of one-off citizenship workshops which explore engaging with young people caught up in street gang the effect gang culture has on all young people who culture and delivering successful interventions since live in, or attend school in, the borough. 2001. The Southwark Gang Disruptions Team, which While statistics show that gang culture is primarily a is currently funded by the Neighbourhood Renewal problem affecting young men, the team has become Fund, targets those young people at risk of gang aware of the increasing involvement of young women involvement and related offending as part of its in gang culture and, more recently, the emergence of prevention and diversion work. This may include girl gangs. In response, the team has developed a young people who directly identify themselves as Girls Intervention Programme, focusing on the issues being part of a gang, but also those who have been pertinent to young women, which is available to victims of gang-related activity and those who may be schools and organisations alongside the IMPACT vulnerable to recruitment. programme. Working in innovative and creative ways, the team Regardless of which programme is used, each aims to enable young people to feel empowered to intervention is designed to meet the individual needs make better and more informed choices. They do this of the young people involved. The team uses an by raising young people’s awareness of the risks of assessment tool, which was developed during a gang involvement and the consequences of engaging research study conducted by Crime Concern, to in criminal activities, as well as developing exit identify the risk and protective factors that surround strategies for those who are already involved with each young person who is involved in the gangs. The team offers support to young people who programme. This allows the team to tailor have become disaffected and disengaged from their interventions around reducing specific risks and community and challenges them to make better building on the protective factors available to that choices in relation to the problems they face such as young person. The team also tries to work closely violence, masculinity, drugs and negative peer with parents, carers and related agencies in order to association. The longer term strategy is to filter foster positive relationships and support. young people back into mainstream education, Despite the recent series of high profile cases, training or employment services thereby giving them Southwark has actually seen a consistent decline in an opportunity to build themselves positive futures. the number of knife-enabled offences according to The Southwark team is supported by an educational annual statistics, and a sharp decrease in the number welfare officer, a Connexions worker and a member of of Trident cases in the borough. The Southwark staff from the borough’s antisocial behaviour unit, and Gangs Disruption Team is working hard to ensure provides a range of services for young people. One that this trend continues. Having initially developed effective strategy the team employs is a programme their services in response to local need, more known as IMPACT. The programme, which was created recently the team has been delivering presentations by members of the team, is delivered to targeted and training workshops around the country, raising young people in the borough’s schools, pupil referral awareness of gang involvement and assisting other units, young offender institutions and youth clubs. In professionals to develop their own skills and increase order to ensure that their services are available to all their knowledge in the field. The team is also those in need, members of the team work closely with working with the Youth Justice Board, who support some of the borough’s youth outreach workers to youth offending teams in England and Wales to engage young people who are on the streets or develop their own local strategies to tackle group hanging around the local estates or in play areas. The offending and gang activity. 

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Crime prevention digest

to blame. Almost two thirds (63%) say New strategy for young people that the parents of young people involved in crime and antisocial behaviour are ‘a great deal to blame’. The government has published its positive activities, the government There are, however, marked age and ten-year strategy for young people. will: create new youth facilities in social variations, with older people and Published on 26 July, Aiming High for every constituency; set aside funds Young People: A ten-year strategy for to help disadvantaged young right wing voters being most critical of positive activities sets out a strategy people participate in activities; parents. Professionals and managers to improve leisure-time opportunities, improve the planning and (67%), those aged over 55 (70%), and activities and support services for commission of transport for young Conservative voters (75%) were most young people in England. This people; and ensure that local likely to blame parents, while unskilled strategy will be supported over the authorities uses money efficiently to people and Labour voters (58%) were 2008-2011 period by £184 million of provide places for young people to the least likely to do so. new money, in addition to £495 go. Parents come well ahead of any other million of existing funding (already  To improve partnership and group in the blame list. Next on the announced) and the reinvestment of collaboration among services and list are social factors, with 38% unclaimed assets. At national level, across sectors, the government will: mentioning economic deprivation in the strategy’s implementation will be monitor the impact of new policy urban areas. There is little variation led by the Department for Children and practice; oversee the pooling of between social and age groups on this Schools and Families. It will take the some budgets in primary trusts to point. The decline in marriage and lead across government bringing prevent poor adolescent health social breakdown again divides people, together youth support services and outcomes and ensure an integrated with the over-55s twice as likely to cite efforts to prevent youth offending, in service; and work to clarify this factor as 18 to 34-year-olds. order to support services at local level. The strategy sets out a series of priorities and strengthen Reflecting the ‘broken society’ analysis reforms based around three themes: accountability at local level, by now being adopted by the Conservative empowerment, access and quality. monitoring the number of young leadership, Conservative voters are the The following is a brief overview of people participating in positive most likely to blame the caus on some of the goals in each area: activities and making the decline in marriage. The present improvement of positive outcomes government gets ‘a great deal of blame’  To promote the empowerment of for young people a priority. young people, the government will: from only 22% of voters – mainly set aside funding for leadership This new strategy will be caried out unskilled workers, older people and programmes and for celebrating by a new youth taskforce which will Tory supporters. But 16% still attribute a great deal of blame to the previous young people’s achievements; replace the Respect taskforce. The Conservative government while only increase the influence young people new taskforce will take on the work 13% attach a great deal of blame to have over the way government done by its predecessor to reduce teachers and the education system. money is spent to fund youth antisocial behaviour, but place programmes; and ensure that the greater emphasis on prevention and most disadvantaged young people positive outcomes. Cameron’s proposals for are represented. The full strategy is available online at reducing violent crime  To improve young people’s access to www.hm-treasury.gov.uk/media/2/6/ cyp_tenyearstrategy_260707.pdf Proposals ranging from a crackdown on violent films and video games to a review of police stop and search powers gangs, chaired by the Home Secretary. Tackling Gangs Action were contained in a raft of proposals to Smith made clear she was ready to bear down on violent crime recently consider proposals from the Programme unveiled by David Cameron. The Tory Association of Chief Police Officers for The government has launched a leader said that it was time to ‘declare potential witnesses to be offered £1million crackdown on gun crime in that enough is enough’ as he published anonymity from an early stage in the four English cities which are among a string of measures aimed at tackling investigation of a shooting. the most profoundly affected by gang lawlessness and reinvigorating social activities. Neighbourhoods in London, Despite a rash of high-profile gun responsibility. The document entitled, Greater Manchester, Liverpool and killings over the course of this year, It’s Time to Fight Back, said that a Birmingham will be targeted for action, Smith insisted that the actual rate of Conservative government would review which will include undercover homicides involving firearms was no the role of the British Board of Film operations and surveillance against higher now than a decade ago. She did Classification and video game gang members, heightened police acknowledge, however, that the watchdogs. It pledged to consult music visibility and the provision of safe increasing prevalence of gangs and the producers ‘to ensure a constructive houses for witnesses and victims. involvement of ever younger people in dialogue on social responsibility’. Home Secretary, Jacqui Smith, said that gun crime was a serious concern. communities affected by gun gangs The document also included proposals would ‘absolutely’ notice a difference to scrap the government’s early in their neighbourhoods over the Opinions on the causes prisoner release scheme, under which autumn as a result of the launch of the of antisocial behaviour non-violent prisoners may be freed 18 Tackling Gangs Action Programme. days before the end of their sentences. Parents get the most blame for the rise The programme, launched in the wake Cameron said a string of murders, in antisocial behaviour and violent culminating in the death of the 11-year- of the shooting of 11-year-old Rhys street crime involving children and Jones in Liverpool, will be led by old Rhys Jones, ‘must serve as a line in teenagers, according to a poll for The the sand. Today I am calling on the Merseyside Police Deputy Chief Times published 5 September 2007. Constable, Jon Murphy, and overseen country to fight back... against the Interviewees were presented with six gangs, the guns and the graffiti’.  by a ministerial task force on guns and options and asked how much each was

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Criminal justice digest

questioned 21 ASBO offenders in depth on two estates and at a youth custody Poll reveals public opposes centre. It also reveals the greatest growth in the orders is in post- prison building conviction ASBOs, breach of which tends to result in offenders being jailed. The results of a Guardian/ICM poll custodial forms of punishment. But challenges the assumption that the the issue divides voters of all ages public think tough prison sentences and opinions. Only among Restraint techniques are the best way to tackle crime. ICM pensioners is there a majority in interviewed a random sample of favour of expanding the prison criticised 1,016 adults aged 18 and over by population. A report into the treatment of the youngest child to die in custody called telephone between 22 and 23 Opposition to more imprisonment is for an urgent review into restraint August 2007. Interviews were driven by a widespread belief that techniques which allow children to be conducted across the country and prisons make crime worse. More hit in the face. A long-awaited the results have been weighted to people agree with the statement investigation into the death of 14-year- reflect the profile of the entire adult ‘prison doesn’t work, it turns people old Adam Rickwood at the Hassockfield population. into professional criminals who then Secure Training Centre, which was According to the results, a majority commit more crime’ than with the published on 3 September 2007 by the of voters think the government statement ‘prison punishes crime, Lancashire Safeguarding Children Board, should scrap its prison building keeps criminals off the streets and made a number of recommendations. programme and find other ways to deters others’. One of these was that pain distraction punish criminals. Politicians in all Only 42% of all voters, and 39% of techniques should be reviewed ‘as a parties routinely assume that voters women, think prisons are an matter of urgency’. The study also think prison works. But 51% of those effective punishment, against 49%, called for a national review of the use questioned want the government to and 52% of women, who say they of restraint at secure units. find other ways to punish criminals fail to work. Conservative voters are The teenager had been sent to the and deter crime. The poll was most likely to back prisons, and carried out after a week that had centre on remand in July 2004, and just Liberal Democrats most likely to under a month later he was dead. At seen crime dominate the news, oppose them. Among Labour voters, including the shooting of 11-year-old about 6.30pm on the evening of 8 52% do not want to see more August 2004, Adam was with three Rhys Jones in Liverpool and a row prisons built, while 46% do. over the possible deportation of the other youths at the centre. The group killer of London headmaster Philip The poll shows public unease about became rowdy and were ordered back Lawrence − issues which might have the effectiveness of the prison to their rooms but Adam refused. He been expected to increase support building programme is not part of a was forcibly carried to his room by for imprisonment. wider hostility to a tough law and three male residential staff and lashed order policy. Asked whether they out. Adam was warned twice that if he Concern about the prison system is think courts should pass tougher failed to co-operate staff would use the particularly strong among women. sentences, 77% of all voters agree. nose restraint – a technique involving a Only 40% think the government Only 2% of those questioned say sharp and painful strike to the base of should aim to send more convicted sentences are already too harsh, and the nose. He failed to stop and was hit criminals to prison, compared to only 18% believe the courts have got in the face. Hours later he was found 57% who want to see other, non- the balance about right. hanged in his room.

Report says ASBOs risk of offending into a career of crime. Trends in homicide aren’t working In his new book, The ASBO: Wrong statistics turning, dead end, Wain says A report by a senior police officer The Centre for Crime and Justice government promises to base the fight raises further doubts about the Studies at King’s College, London has against crime on research and effectiveness of antisocial behaviour released an analysis of recent trends in evidence have been broken, along with orders (ASBOs) which are the homicide in England and Wales. The claims that ASBOs would see centrepiece of the government’s analysis, based on published Home enforcement and support go hand in ‘Respect’ programme. Detective Chief Office figures, shows that, contrary to hand. Superintendent Neil Wain, head of the some media reports, the number of Stockport division of Greater The study suggests that previous but child victims of homicide has fallen in Manchester police, calls for a pause in less detailed warnings about ASBOs recent years. It also indicates that the the relentless increase of the often have been right in questioning their age group most at risk of homicide are draconian orders while researchers test ‘get tough’ image. In interviews with babies under the age of one. growing evidence that they may be court staff, ASBO supervisors and fellow The main points of the analysis are: more of a political stunt than an police officers, he finds that there is  63 children aged one to fifteen were effective tool. In the first survey of ‘nowhere near enough’ support for recorded by the police as being offenders with ASBOs (carried out offenders, probably because of the cost victims of homicide in 1995, jointly by Wain and a senior research of individual support orders. In the compared with 31 in 2005/06. fellow at Cambridge’s Institute of period studied, only six youth Criminology, Elizabeth Burney) Wain offending teams had applied for money  17 babies under the age of one were found contempt for the orders, to resource individual support orders − recorded as being homicide victims virtually universal breaches and strong the support side of a balanced ASBO in 1995. This had risen to 24 by suggestions that stigma and lack of package. The report, published by the 2005/06. support may drive young people at Howard League for Penal Reform,  The group that had experienced the

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Criminal justice digest

most significant rise in homicide personal robberies and reports of Commission on prisons victimisation was the 16-49 age antisocial behaviour have remained range, up from 429 in 1995 to 513 high, despite attention from the launched in 2005/06. government and repeated legislative The Howard League for Penal Reform These changes should be viewed interventions. Individual types of has launched an Independent against the background of a generally antisocial behaviour, such as vandalism, Commission on English Prisons, which rising trend in homicide over recent drug use and drug sales, remain higher will look at the driving forces decades, analysed in detail in a paper than in 1997, while down from their influencing change and practice published by the Crime and Society peak in 2001. According to Reform this including legislation, politics and the Foundation in 2005. The study pointed suggests that while a larger prison media. It will consider the principles, out that the risk of homicide during population and private spending have purpose and limits of a penal system that period was very unevenly borne down on crime, the police have and how it should sit alongside other distributed: those living in the richest made little extra contribution. The social policy strategies. The neighbourhoods had seen their risk of profound division in society is also commission will prompt public debate homicide fall; those living in the clear in this area of policy. The poorest using local and national media, poorest neighbourhoods had seen their 20 local authorities by deprivation consultation meetings with key risk of homicide rise dramatically. suffer three times the level of crime per players, seminars and public events, head than the 20 least deprived. The including evidence sessions in public, Richard Garside, director of the Centre continuing prevalence of antisocial feature articles, consultation papers, for Crime and Justice Studies, which behaviour also helps explain the website consultations/questionnaires, published the report, said: fundamental paradox that, despite as well as other ways of engaging with ‘Despite the common perception, overall crime trends remaining steady people. Commissioners will make visits fewer children were victims of over the last year, confidence in the to facilities throughout England to homicide last year than was the criminal justice system has fallen explore new ideas and find out where case a decade ago. We do not yet significantly. effective and systemic change has have reliable data to tell us if the More information is available online at been achieved. The final report will be recent killings of children and www.egovmonitor.com/node/14767 published in 2009. young people represent a reversal For more information, visit of this downward trend, or whether Prison attacks linked to www.prisoncommission.org.uk the reporting of such incidents simply makes it appear that way.’ overcrowding Attacks on female prison officers have Custody deaths rise Report analyses crime more than doubled in the past seven According to a study by the Forum for years, according to official figures. Preventing Deaths in Custody, there trends Assaults on male prison officers have were around 600 deaths in custody in According to a report by the also risen by more than 50% over the England and Wales last year, a third of independent think tank, Reform, if the same period. Experts have speculated them suicides. The figures, covering Comprehensive Spending Review is to that the attacks, including stabbings deaths in police cells, prisons, be successful in terms of improving and scalding by boiling water, are approved premises and secure the criminal justice system, then the directly linked to the surge in the hospitals, included deaths from natural focus needs to be on public sector prison population. causes, suicides and other events such performance and value for money. as homicides. Around 400 of the There is very strong evidence from the Prison workers said overcrowding was deaths each year were due to natural last decade highlighting what is impacting on rehabilitation causes and 200 were self-inflicted, working and what is not. programmes and leading to increased which makes the suicide rate in levels of reoffending. They said there custody around 33 times greater than There has been an undeniable collapse was an urgent need for thousands of that in the general population. Suicides in property crime over the last decade. specialist beds for mentally ill inmates account for just 1% of deaths in people According to the British Crime Survey, who posed a danger to themselves and aged over 15 in the UK. burglary and vehicle theft have gone those who supervise them. The Prison down 55% and 52% over the last ten In 2004/05 – the most recent year with Officers’ Association said the rise in a full breakdown of the cause of years respectively. Yet much of this assaults had made life ‘miserable’ for decline can be put down to increased deaths in custody – 127 of the 590 Britain’s 27,000 prison officers. The private initiative. Sixty-three per cent of deaths in custody were suicides. There Ministry of Justice figures, obtained main family cars now have an alarm, were 523 deaths in custody in under the Freedom of Information Act, for example, compared to 23% in 1992 2006/07 but this figure did not include showed a 121% increase in assaults on and 38% in 1998. Reform argues that deaths in police custody. this goes almost unnoticed in the female prison officers since 2000, with the number rising from 232 to 513. The number of suicides in prisons political debate but clearly will have alone fell from 78 in 2005 to 67 last had a tremendous downward impact Male prisons saw a 58% increase in attacks on officers, up from 1,767 in year, but the figure is on the rise again on crime figures. this year. There have been 68 jail 2000 to 2,804 in 2006. Over the same suicides so far in 2007 compared with Reform argues that the increase in period, the prison population rose by 46 at the same point last year. Prison prison places may have contributed to 24% to a record number of almost reform campaigners have blamed the the gradual fall in crime rates. It is 81,000 this summer. particularly striking that sentences rise on record levels of overcrowding. have lengthened in areas such as The Ministry of Justice insisted the The forum was set up to monitor burglary where the British Crime government was dealing with the deaths in any form of state custody, Survey reveals dramatic falls. pressures on prisons by planning an including mental hospitals. Its aim is to increase in capacity of 8,000 places However, statistics in other areas of spread best practice and information by 2012. crime are less positive. Number of on preventing deaths in custody. 

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Prison reports digest

Inexperienced staff unit and detoxification services had Werrington had developed and improved. improved, the onset of a challenging HMP Rye Hill new group of young people had Staff–prisoner relationships had Unannounced inspection exposed shortfalls in safety improved, and were supported by a 11-15 June 2007 procedures. While basic levels of safety new group officer scheme and an Published August 2007 had been maintained, some important effective incentives and earned Although HMP Rye Hill was declared areas gave inspectors cause for privileges scheme. However, more dangerously unstable and unsafe in concern: routine strip searching sophistication was required to balance 2005, this full unannounced inspection continued at reception; strategic the inevitably high level of security found significant improvements. management of safeguarding remained required for the small number of However, the fundamental changes in its infancy; anti-bullying category A prisoners, against its needed to ensure sustainable safety, arrangements were weak; and suicide impact on the regime for the rest of decency and good practice had not and self-harm prevention work needed the population, half of whom were just been made and the prison was still further improvement. category C. fundamentally fragile. The However, despite these anomalies, inexperienced young staff members HMP Manchester is a category A core generally good staff–prisoner had difficulties setting boundaries, local prison accommodating male relationships ensured that HMYOI engaging positively with prisoners, adults sent to custody by courts in the Werrington remained a reasonably responding to prisoner requests and Greater Manchester area. Prisoners at respectful and caring establishment. concerns, and carrying out routine HMP Manchester are relocated to Most accommodation was clean, race procedures. Inspectors observed training prisons if and when places are relations were reasonably well- prisoners who were verbally available. managed and health services had aggressive to staff without receiving improved. Purposeful activity had also consequences. In effect, bad behaviour Funding problems improved significantly. Young people was rewarded, since it achieved the HMP Buckley Hall spent sufficient time out of cell and result of attracting staff attention. Announced inspection there was a good range of education HMP Rye Hill is a category B male 30 April- 4 May 2007 and skills training, with high training establishment in the East Published July 2007 attendance rates and teaching of a satisfactory standard. Midlands. HMP Buckley Hall has gone through many changes in its short history. It is HMYOI Werrington is a young Improvements despite to the credit of staff and managers offender institution in the West challenges that, despite this turmoil, a full Midlands that holds sentenced boys announced inspection found HMP and young men up to the age of 18. HMP Manchester Buckley Hall to be an essentially safe Unannounced inspection and decent prison which was properly 21-24 May 2007 Strained race relations focused on resettlement. Published July 2007 HMP Highpoint However, inspectors were concerned to Announced inspection HMP Manchester is a large, complex learn that HMP Buckley Hall’s 14-18 May 2007 local prison holding sentenced or achievements were under threat – and Published July 2007 remanded adult men, including its shortfalls less likely to be category A prisoners. On their previous HMP Highpoint is a category C training addressed – because the National visit, inspectors described it as an prison in Suffolk, at a considerable Offender Management Service (NOMS), improved prison with impressive levels distance from the London homes of which oversees the service level of purposeful activity and resettlement most of its prisoners. Fewer than 7% of agreement, considered that a budget work. On a short unannounced follow- its prisoners live within 50 miles. Since reduction was required to reflect the up inspection, they found that these its last full inspection, like many shift from female to male prisoners. areas remained reasonably strong. training prisons, HMP Highpoint has The prison service was contesting this, also expanded significantly, increasing However, there was still more to be arguing that demands on the prison its population by a third to 800 done to ensure safety across the had increased. A resolution to the prisoners. This inspection found an establishment. At the time of the dispute was urgently required, both to establishment that was struggling inspection, HMP Manchester was remove uncertainty and, particularly, to under these twin pressures. Many operating at full capacity. Some ensure that HMP Buckley Hall was urban prisoners, in particular those prisoners had actually been locked out sufficiently resourced to achieve its from racial and religious minorities, and were being held in police or court function as a male training prison. found that the prison neither cells. There was concern among the HMP Buckley Hall is a male category understood nor was able to meet their staff that some vulnerable prisoners C prison in the north west. needs. Staff-prisoner relationships in were being held in emergency general, while relatively relaxed, were accommodation contrary to national Population pressure reactive rather than supportive. Few guidance. prisoners found their personal officers HMYOI Werrington helpful, and many complained of being Not all aspects of safety at HMP Unannounced inspection Manchester were adequate. Inspectors ‘fobbed off’. Black and minority ethnic 16-20 April 2007 prisoners, who represented nearly half were particularly concerned that a Published June 2007 previous recommendation for of the population, described the improved anti-bullying arrangements A short unannounced follow-up almost exclusively white prison staff had not been implemented and, inspection at HMYOI Werrington found as culturally unaware and sometimes despite a large number of apparently that it had recently been through a racist. There was also a serious self-inflicted deaths in the previous turbulent period due to an influx of problem with drugs, and the extensive three years, suicide and self-harm young offenders from London, who perimeter fence made it difficult to procedures required further work. had proved very hard to manage. control this. More positively, both the segregation Although in other respects HMYOI At the time of the inspection, HMP

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Prison reports digest

Highpoint was not an effective training in the women’s estate, it recently took system. Accommodation was generally prison. Although many of the prison’s on an additional role as a local prison, clean and well-maintained, and staff- problems have resulted from the which means that it now receives prisoner relationships were mutually endemic and corrosive effects of women directly from court. When respectful, supported by a functioning population pressure, tackling them will inspectors visited, over a quarter of personal officer scheme and a require both strong management and the population at HMP Foston Hall reasonable incentives and earned the active engagement of all the were women on remand – a much privileges scheme. prison’s staff. more vulnerable and volatile group. HMP Gloucester is a local prison, HMP Highpoint is a category C prison Inspectors found that the prison had serving the crown courts of Gloucester, situated between Haverhill and Bury St not yet come to terms with its new Hereford and their associated Edmunds. Prisoners are sentenced men role. Suicide and self-harm procedures, magistrates’ courts. aged 21 years or over, all of whom and reception and induction processes have been assessed for category C were not robust enough to deal with conditions. There are up to 12 the levels of self-harm and Managing pressure category D prisoners working in jobs vulnerability among remanded women. HMP Winchester outside the prison and up to 40 life Use of force had increased Announced inspection significantly, often to remove ligatures sentence prisoners allocated to HMP 16-20 April 2007 from self-harming women. Procedures Highpoint to make sentence planning Published June 2007 progressions. to ensure that it was safe to segregate such women were weak. In recent years HMP Winchester, a medium-sized Victorian local prison, Although HMP Foston Hall has has made significant progress in Safe, purposeful open prison remained a reasonably safe place introducing positive elements such as HMP Sudbury overall, it is very much a prison in Unannounced inspection transition. The relaxed and informal resettlement work. However, it faces 2-3 May 2007 systems, often based on individual considerable pressures and increased Published July 2007 relationships, that could sustain a demands due to overcrowding. There settled training prison were proving was some evidence at this inspection Like most open prisons at present, that this combination was testing the HMP Sudbury has been receiving inadequate for the needs and demands of the prison’s new population. prison’s ability to sustain and continue shorter sentence prisoners for shorter improvements. periods as a result of the population HMP Foston Hall is a closed pressure in the prison system as a establishment for women that includes HMP Winchester was found to be a whole. In spite of this challenge, a remand centre and a juvenile unit. reasonably safe prison, and had inspectors reported that Sudbury had developed good induction systems for established a safe, stable and newly arrived prisoners. However, purposeful environment. Focused on resettlement there was no designated first night centre, and fewer prisoners said they At the time of the inspection, all HMP Gloucester Announced inspection felt safe, or had showers or phone prisoners at Sudbury had access to calls on their first night than on purposeful activity, though inspectors 16-20 April 2007 Published July 2007 previous inspections. Suicide and self- were concerned that this would not be harm were managed well. the case if the prison were full. The HMP Gloucester is a small local prison delivery of education and training had that manages a wide range of Inspectors did note a persistent improved under a new head of learning prisoners – some presenting serious negative staff culture, which had been and skills, and there was more – though mental health and substance abuse recorded as a problem in the past. still not enough – vocational training. problems – in accommodation that While some staff interacted well with However, it was disappointing, in an dates back to the eighteenth century. prisoners, most residential staff did not open prison, that resettlement work for Nevertheless, inspectors found the jail appear to think it was their job to all prisoners had not kept pace with to be essentially safe and appropriately provide positive support or to engage recent developments and best practice. focused on resettlement. with prisoners. There was also evidence Resettlement suffered from a lack of of some unprofessional language in Despite this, there were still areas for both written and spoken comments. strategic direction, and there was no improvement. The reception facility analysis of the current needs of the remained badly in need of HMP Winchester remains a reasonably population. refurbishment although staff made well-performing local prison, in spite HMP Sudbury is a category D open considerable efforts to ensure that of the pressures in the prison system and resettlement prison for medium to prisoners were received with efficiency as a whole. However, there are some long term determinate sentence male and care. First night arrangements warning signs – the lack of sufficient prisoners, and up to 120 life sentence were inconsistent, with too little activity spaces in the main prison, the prisoners. attention paid to the needs of somewhat dislocated resettlement vulnerable prisoners. Safer custody arrangements and, in particular, the A prison in transition work, in particular anti-bullying and fact that residential staff are not fully suicide prevention, was impressive. engaged in the support and HMP Foston Hall Adjudications, use of force and use of rehabilitation of prisoners. Prison Unannounced inspection segregation were all low and the managers and the National Offender 1-3 May 2007 prison had had some remarkable Management Service will need to Published July 2007 successes in combating drugs monitor this closely. HMP Foston Hall originally served as a trafficking. Detoxification services HMP Winchester is a medium-sized training prison for sentenced women, were limited, but the prison was well Victorian local prison for adult male with a relatively settled and stable prepared for the imminent introduction offenders with a small category C population. However, due to changes of the integrated drug treatment training wing. 

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Parliamentary digest

Debate House of Commons debate on the Criminal Justice and Immigration Bill

Lord Chancellor’s New prison places the streets committing crimes? Does he accept that for every 1,000 crimes Edward Garnier, Conservative MP for introduction to the debate committed in this country only 13 Harborough, asked the Secretary of Since 1997, crime has come down by a people go to prison, compared with State for the Home Department: third and the chances of becoming a more than 20 in Europe, and more victim of crime are the lowest for 26 Before we get too far into the debate, than 100 in America, and that we have years. Many more offences have been will he confirm the way in which the a very low prison population? Does he brought to justice and the number of 20,000 additional prison places, which not recognise that many people in this asylum seekers is at its lowest level he claims have been created since country are sick to the back teeth of since 1993, while removals are up by 1997, came about? A few thousand prisoners being let out early, and want 10%. Part of that achievement is down genuinely new prison places have been prisoners to serve the sentence to increased investment in key public created, most of which are the result handed down by the courts in full? services: 20,000 additional prison of contracts let by the previous Lord Chancellor, Jack Straw, replied: places, 14,000 additional police government. Will he also confirm that Would that that were the case. There is officers, 16,000 community support tonight 18,000 prisoners will double no doubt that the additional places officers and a 72% increase in up in cells designed for one, and that that we have provided, and will probation spending. However, that 1,000 prisoners will treble up in such continue to provide, have contributed increased investment has had to be cells? The real reason that he can to the fact that, whereas between accompanied by major changes in the claim, as he does, to have provided 1979 and 1997 crime doubled, since environment in which law enforcement 20,000 new places is that he is doubling and trebling up men in single 1997 crime has gone down by at least and criminal justice agencies and key cells. 35% according to [various measures], parties such as local authorities including under the British Crime operate. Reform of the youth justice Lord Chancellor, Jack Straw, replied: Survey. Similar reductions in violent system, partnerships with local There is no dubiety about where those crime have also taken place. The Hon. authorities, streamlining immigration additional places have come from. A Member for Shipley [Philip Davies] appeals, as well as the creation of large proportion are new, and it is not needs to examine two things. First, specific criminal offences, all require true that the majority of the contracts longer-term sentences work to reduce detailed changes in the law. were signed and financed when we took office. That is simply incorrect. offending, but shorter-term sentences, While in other areas of public Some were in a programme, but we which have always and will always administration such as pensions, social had to provide the money and that has exist, often have a fairly high security, health or education, continued. We have continued the reoffending rate, regardless of whether parliament and the public have long policy of the previous administration the sentence is 18 days longer or accepted that much of the primary of doubling and trebling in cells where shorter. We are increasing the number legislation should be framework possible. The difference, however, is of prison places. If he is saying that orientated and enabling in nature with that we have put internal sanitation there should be no reduction for good the detail contained in regulation. In into virtually all cells, whereas 10 behaviour, and no incentive for this area, where we are dealing with years ago the condition of many prisoners to behave themselves, and critical issues concerning the safety of prisons across the country, particularly that we should return to the lunacy the public and the liberty of the local ones, was scandalous. When I that the Rt Hon. and learned Member individual, the detail itself has to be became Home Secretary just 10 and a for Folkestone and Hythe [Michael contained in the primary legislation. half years ago, a large number of Howard] tried to put through the places in police cells were being used. In turn, that has meant, for as long as I House between 1996 and 1997 – he have been in the House, that there Prison is an essential component of the utterly failed and had to withdraw his have been many criminal justice and criminal justice system, but no one own shambles… immigration bills. I am told that this is believes that it should be the only Secondly, we should look at the the 39th since 1997, although if the component. The punishment should fit experience in the United States. We Opposition wish to examine the the crime. If the offence warrants a have locked up about 145 per 100,000 record, they will see that numbers community penalty or fine, a people, which is the highest level in were previously above that level. I community penalty or fine should be Europe. Proportionate to its handed down. understand the concern, especially population, the United States has five among practitioners, for less frequent Jack Straw, Secretary of State for the times that number locked up. The changes in the law. The problem that Home Department, Hansard, col 63, 8 Opposition propose that this country we face – I do, and we all do – is to October 2007 should have 700 prisons and 400,000 balance that requirement for stability people locked up… The United States against the need to ensure that the Challenge for early release has 2.2 million people locked up. Has system and the substantive law are Philip Davies, Conservative MP for it cut violent crime? Has it reduced its responsive to changing demands from Shipley, asked the Lord Chancellor: murder rate? No, it is still four times the public and practitioners. Does the Secretary of State accept that that in this country. Lord Chancellor Jack Straw, Secretary it is blindingly obvious that the more Lord Chancellor Jack Straw, Secretary of State for the Home Department, criminals who are locked up in prison, of State for the Home Department, Hansard, col 60, 8 October 2007 the fewer criminals there are out on Hansard, col 65, 8 October 2007

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Parliamentary digest

Sentencing for reoffenders Firearms offences Written answers The Secretary of State for Justice was The Secretary of State for Justice was asked how many people in England asked how many people in England ASBOs in Greater London and Wales convicted of a second and Wales were sentenced for offences The Secretary of State for the Home serious offence, a second class A drug committed when over the age of 18 Department was asked how many trafficking offence, or a third domestic years, under sections 5(1) or section antisocial behaviour orders were burglary offence (all covered by the 5(1A) of the Firearms Act 1968, to five issued in each London borough to (a) Crime [Sentences] Act 1997) were or more years imprisonment, males and (b) females aged under 12 sentenced to life imprisonment, imprisonment of less than five years years, 13 years, 14 years, 15 years, determinate periods of imprisonment and non-custodial sentences in each 16 years, 17 years and 18 years and or non-custodial sentences in each year year since 2004. David Hanson replied: over in each of the last five years. since 1998. David Hanson replied: The number of persons aged 18 or Vernon Coaker replied: The data held centrally are not in a over in England and Wales sentenced under the above sections of the The information is not provided by format to allow us to answer these Firearms Act 1968 for the years 2004 London borough; the available questions completely. We are able to and 2005 are given as follows: information is in the following table: give the following information, for the total number of persons sentenced for: 2004 2005 Number of antisocial behaviour orders  life for a second serious offence Five or more years 76 142 issued at all courts in the Greater imprisonment  a minimum of seven years for a third London criminal justice system area, by Less than five years 165 91 gender, age group and year class A drug trafficking offence imprisonment  Gender 2001 2002 2003 2004 2005 Total a minimum of three years for a third Non-custodial sentence 446 120 and age issued domestic burglary since 2000 group Table 2.6 Persons sentenced under the Although the persons were convicted Females Powers of the Criminal Courts in 2004 and 2005, the offence was not 10-17 1 0 8 6 17 32 (Sentencing) Act 2000, 2000-05, necessarily committed in those years England and Wales and may have been committed before 18 and 2 6 24 55 42 129 the introduction of the minimum over Number of persons sentence in January 2004. Although Age not — 2 — 1 5 8 Section 109 Section 110 Section 111 care is taken in collating and analysing known the returns used to compile these Total 3 8 32 62 64 169 Life for Minimum Minimum second seven years three years figures, the data are of necessity females serious for third for third subject to the inaccuracies inherent in Males offence class A drug domestic any large-scale recording system. 10-17 9 5 33 100 172 319 trafficking burglary offence David Hanson, Minister of State for the 18 and 3 6 73 267 279 628 2000 57 2 — Ministry of Justice, Hansard, col over 2090W, 12 September 2007 Age not — 2 1 12 13 28 2001 51 1 6 known 2002 44 — 2 Rehabilitation programmes Total 12 13 107 379 464 975 2003 48 3 13 The Secretary of State for Justice was males 2004 47 4 46 Total asked how many prisoners sentenced 15 21 139 441 528 1,144 2005 431 3 89 persons to indeterminate sentences for public 1 Section 109 was replaced in April 2005 by sentences of protection are accommodated in imprisonment for public protection. Figures therefore Source: As reported to the Home Office by the Court Service. prisons which do not run the relate to offences committed prior to that date. rehabilitative programmes such Vernon Coaker, Parliamentary Under- David Hanson, Minister of State for the prisoners are required to complete Secretary for the Home Department, Ministry of Justice, Hansard, col before they can be considered for Hansard, col 1835W, 3 September 2007 2098W, 12 September 2007 release. David Hanson replied: A review undertaken in August 2007 indicated that approximately 120 Criminal Justice Act 2003 prisoners serving indeterminate sentences for public protection (IPPs) The Secretary of State for Justice was asked what Number % of were in prisons which do not provide plans he has to bring outstanding sections of the of sections accredited offending behaviour or drug Criminal Justice Act 2003 into effect. David Hanson sections treatment programmes. This equated replied: Wholly in 276 84 to approximately 4% of the IPP force Of the 329 substantive sections in the Criminal population and includes those newly Justice Act 2003 the vast majority have been brought sentenced and waiting allocation. The wholly into force. Only a small percentage of the Partially in 26 8 situation will of course change daily as force prisoners move. Whether an individual remainder remain unimplemented. These figures are requires a programme, and if so, which shown in the following table. Officials are actively programme, will depend upon the working on these areas of legislation with a view to: Not in force 26 8 assessment of their risk and needs. implementation; considering resource implications; Not all prisons provide the same undertaking pilot exercises; or examining other programmes. necessary procedures and practices. Repealed 1 — David Hanson, Minister of State for the David Hanson, Minister of State for the Ministry of Ministry of Justice, Hansard, col Justice, Hansard, col 2090W, 12 September 2007 2002W, 10 September 2007

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