PPRISONRISON SSEERVICERVICE JOURPRISON SERVICE NAL OURNALAL J January 2014 No 211 This edition includes:
Perrie Lectures 2013:
Lesson for the Prison Service from the Mid-Staffs Inquiry Nick Hardwick
Contraction in an Age of Expansion: an Operational Perspective Ian Mulholland
A Convict Perspective Dr Andy Aresti
Does Prison Size Matter? Jason Warr
Prison Contraction in an Age of Expansion: Size Matters, but does ‘New’ equal ‘Better’ in Prison Design? Yvonne Jewkes
Interview with The Venerable William Noblett CBE Perrie Lectures 2013 Martin Kettle Contraction in an age of expansion Contents
2 Editorial Comment
Purpose and editorial arrangements Nick Hardwick is HM Chief Inspector 3 Perrie Lectures 2013 of Prisons. Lesson for the Prison Service from the Mid-Staffs Inquiry The Prison Service Journal is a peer reviewed journal published by HM Prison Service of England and Wales. Nick Hardwick Its purpose is to promote discussion on issues related to the work of the Prison Service, the wider criminal justice system and associated fields. It aims to present reliable information and a range of views about these issues.
Ian Mulholland is Deputy Director of 14 Perrie Lectures 2013 The editor is responsible for the style and content of each edition, and for managing production and the Public Sector Prisons. Contraction in an Age of Expansion: Journal’s budget. The editor is supported by an editorial board — a body of volunteers all of whom have worked an Operational Perspective for the Prison Service in various capacities. The editorial board considers all articles submitted and decides the out - Ian Mulholland line and composition of each edition, although the editor retains an over-riding discretion in deciding which arti - cles are published and their precise length and language.
Dr Andy Aresti is a lecturer at 19 Perrie Lectures 2013 University of Westminster. He is a former prisoner. A Convict Perspective From May 2011 each edition is available electronically from the website of the Centre for Crime Dr Andy Aresti and Justice Studies. This is available at http://www.crimeandjustice.org.uk/psj.html
Circulation of editions and submission of articles Jason Warr is Programme Manager 25 Perrie Lectures 2013 and Research Co-ordinator at User Does Prison Size Matter? Voice and a PhD candidate at the Six editions of the Journal, printed at HMP Leyhill, are published each year with a circulation of approximately University of Cambridge. He was Jason Warr formerly a prisoner. 6,500 per edition. The editor welcomes articles which should be up to c.4,000 words and submitted by email to [email protected] or as hard copy and on disk to Prison Service Journal , c/o Print Shop Manager, HMP Leyhill, Wotton-under-Edge, Gloucestershire, GL12 8HL. All other correspondence may also be sent to the Yvonne Jewkes is Professor of 31 Perrie Lectures 2013 Editor at this address or to [email protected] . Criminology at the University of Leicester. Prison Contraction in an Age of Expansion: Size Matters, but does ‘New’ equal ‘Better’ Footnotes are preferred to endnotes, which must be kept to a minimum. All articles are subject to peer in Prison Design? review and may be altered in accordance with house style. No payments are made for articles. Yvonne Jewkes
Subscriptions
Dr Linda Kjaer Minke, Assistant 37 A Study of Prisonization among Danish Prisoners Professor at University of Southern The Journal is distributed to every Prison Service establishment in England and Wales. Individual members of Denmark, Institute of Law. Dr Linda Kjaer Minke staff need not subscribe and can obtain free copies from their establishment. Subscriptions are invited from other individuals and bodies outside the Prison Service at the following rates, which include postage:
United Kingdom single copy £7.00 one year’s subscription £40.00 (organisations or individuals in their professional capacity) Paul Addicott Editorial Board William Payne £35.00 (private individuals) HMP Pentonville Dr Jamie Bennett (Editor) Business Development Unit Dr Rachel Bell Dr David Scott HM & YOI Holloway Governor HMP Grendon & Springhill University of Central Lancashire Maggie Bolger Dr Karen Harrison Dr Basia Spalek Overseas Prison Service College, Newbold Revel University of Hull University of Birmingham Dr Alyson Brown Professor Yvonne Jewkes Christopher Stacey single copy £10.00 Edge Hill University University of Leicester Unlock Dr Ben Crewe Dr Helen Johnston Ray Taylor one year’s subscription £50.00 (organisations or individuals in their professional capacity) University of Cambridge University of Hull HMP Pentonville Paul Crossey Martin Kettle Dr Azrini Wahidin £40.00 (private individuals) National Operational Services Church of England Queens University, Belfast Eileen Fennerty-Lyons Dr Victoria Knight Mike Wheatley North West Regional Office De Montford University Directorate of Commissioning Dr Michael Fiddler Monica Lloyd Kim Workman Orders for subscriptions (and back copies which are charged at the single copy rate) should be sent with a University of Greenwich University of Birmingham Rethinking Crime and Punishment, NZ Steve Hall Alan Longwell Ray Hazzard and Steve Williams cheque made payable to ‘HM Prison Service’ to Prison Service Journal , c/o Print Shop Manager, HMP Leyhill, SERCO Northern Ireland Prison Service HMP Leyhill Wotton-under-Edge, Gloucestershire, GL12 8BT.
Prison Service Journal Issue 211 Issue 211 Prison Service Journal January 2014
43 Sentencing Reform and Prisoner Mental Health Dr Paul Taylor is Lecturer in Criminology at University of Chester. Dr Paul Taylor and Siân Williams Siân Williams is a Registered Mental Health Nurse, Nurse Specialist, working in the Crisis Resolution Team at Cheshire and Wirral Partnership NHS Foundation Trust.
50 Book Review Dr Jamie Bennett is Governor of Crime and the Economy HMP Grendon and Springhill. Dr Jamie Bennett
51 Book Review Dr Rachel Campbell-Colquhoun The Evidence Enigma: Correctional Boot Camps HM and YOI Holloway. and Other Failures in Evidence-Based Policymaking Dr Rachel Campbell-Colquhoun
52 Book Review Paul Crossey is an Operational Prison Manager seconded to NOMS Life Imprisonment: An Unofficial Guide Headquarters. Paul Crossey
52 Book Review Dr Daniel Marshall, Monitoring and Evaluation Officer, Catch22 NCAS. Key Concepts in Youth Studies Visiting Scholar, Institute of Dr Daniel Marshall Criminology, University of Cambridge, UK.
54 Book Review Bev Orton is a Fellow in the Criminology Department at the Women, Punishment and Social Justice. Human University of Hull. Rights and Penal Practices Bev Orton
56 Interview: The Venerable William Noblett CBE The Venerable William Noblett CBE was Chaplain General of HM Prison Martin Kettle Service between 2001 and 2011. He is interviewed by Martin Kettle who is a former prison manager currently Home Affairs Policy Advisor to the Church of England.
Cover photograph by Brian Locklin, Health Care Officer, HMP Gartree.
The Editorial Board wishes to make clear that the views expressed by contributors are their own and do not necessarily reflect the official views or policies of the Prison Service. Printed at HMP Leyhill on 115 gsm Satimat 15% Recycled Silk Set in 10 on 13 pt Frutiger Light Circulation approx 6,000 ISSN 0300-3558 Crown Copyright 2014
Issue 211 Prison Service Journal 1 Editorial Comment
Prison Service Journal has a long-standing partnership Hardwick, argues that lessons can be drawn that can be with the Perrie Lectures. Each year, articles are published applied to prisons in order to ensure that outcomes from based upon the annual lectures. This is a partnership of prisoners are protected in an environment characterised by which the Prison Service Journal is proud. fluidity, risk and uncertainty. Ian Mulholland, Deputy The Perrie Lectures is an annual event which has the Director of Public Sector Prisons, considers the purpose of stimulating dialogue between criminal justice Benchmarking programme, aimed at providing a organisations, the voluntary sector and all those with an structured approach to distributing reduced resources academic, legal or practical interest in offenders and their amongst prisons. He argues that this programme is being families. It is hoped that the event will contribute towards taken forward in order to respond to the challenging improving the care of offenders, and advancing penal economic environment in a way that is systematic, sensitive policy, in its broadest sense. The Lectures are named in to local pressures and attuned to the operational risks. honour of Bill Perrie, who retired from the Prison Service in The third lecture comes from Andy Aresti, an 1978. He worked as a prison governor for 32 years, latterly academic who formerly served a prison sentence and is a at HMPs Hull, Long Lartin, and Birmingham. He was noted founding member of the British Convict Criminology for his contribution to the development of hostels, working movement. He adopts a critical perspective, arguing that out schemes, and regimes for long term prisoners. changes to prisons over recent decades have been driven The 2013 Lectures took the title of ‘Contraction in an by commercial imperatives and economic rationality. The age of expansion’. As the speakers illustrate, this question consequences of this, he suggests, is the loss of a human may be approached from a number of different quality in the prison and post-prison world that makes it perspectives. In particular, it may be asked what is difficult for those who have experienced prison to expanding and what is contracting? It may be argued that negotiate and sustain new identities that help them desist the prison population is expanding and remains at a from crime. historically high level, albeit that it has ameliorated to a The final two lectures explore the issues of prison limited degree in recent months. It may be argued that it is architecture, design and size. Jason Warr, of User Voice and the size of prisons that are expanding, with larger prisons himself a former prisoner, offers a polemic critique of larger such as HMP Oakwood, replacing smaller sometimes prisons. In particular he argues that larger prisons are historically significant prisons. It may be competition which characterised by more distant social relations that bring out is expanding, with greater opportunities for commercial the worst in prisons, prisoners and prison staff. Yvonne organisations to play a role in the delivery of prison services. Jewkes, Professor of Criminology at the University of Another perspective is the expansion of the carceral state, Leicester, discusses prison architecture drawing upon with the growth in immigration detention, the use of new recent prison construction in England and Wales, and technologies such as electronic monitoring, the increase in Norway. Through these examples, she illuminates how everyday security such as CCTV, gated communities and prison architecture reflects and realises in practice the wider private security personnel. In contrast contraction may refer social culture and values regarding imprisonment and the to the reduced resources available to public services imprisoned. following the financial crisis of 2008, the subsequent The edition also features an interview with The recession and the emergence of the ‘age of austerity’. This Venerable William Noblett, the recipient of the Perrie may also refer to a more qualitative and moral judgment Award. This award has been presented annually since 1995 about prisons — whether there has been a contraction in to the person the Perrie Lectures Committee consider to the quality of care and the humanity of prison life. have done most to promote an understanding of the work The various speakers approach the issues from their of the Prison Service and pushed forward the development own unique and distinct perspectives. Nick Hardwick, Chief of penal policy. William Nobelett was recognized for his Inspector of Prisons in England and Wales, directly work leading the Prison Service Chaplaincy at a time of considers the quality of the services provided to prisoners. significant change when religion has been a prominent and He draws lessons from the report into the failures at Mid- sometimes controversial issue in prisons. Staffordshire NHS Foundation Trust where ‘patients were The Prison Service Journal is proud to publish these routinely neglected by a Trust that was preoccupied with articles and to continue the partnership with the Perrie cost cutting, targets and processes and which lost sight of Lectures. The 2013 Lectures provide a vibrant, diverse and its fundamental responsibility to provide safe care’. illuminating perspective on the critical issues facing those Through careful analysis of the findings of the report, who live and work in prisons today.
2 Prison Service Journal Issue 211 Perrie Lectures 2013 Lesson for the Prison Service from the Mid-Staffs Inquiry Nick Hardwick is HM Chief Inspector of Prisons.
Contraction in an age of expansion is an intriguing Francis QC, concluded that patients were theme: what exactly has been contracting and routinely neglected by a Trust that was what expanding? Essentially, it seems to me, it preoccupied with cost cutting, targets and boils down to prisons being expected to do more processes and which lost sight of its with less. fundamental responsibility to provide safe Prisons are pretty risky organisations, in fact, you care.2 might say that their business is to manage risk on behalf of society. So, I don’t think it is very contentious What allowed that to happen? When I heard to say that if we are asking organisations that already Robert Francis speak, he opened his remarks with this manage significant risk, to do more with less, it would quote from Florence Nightingale: be only sensible to monitor very carefully whether a consequence of that, is the level of risk increasing to ‘What can’t be cured must be endured’ is the unacceptable levels. But how to do that? No doubt very worst and most dangerous maxim for a individual prisons, NOMS, the Ministry of Justice, all nurse which ever was made. Patience and have sophisticated systems in place to monitor and resignation in her are but other words for manage risk, but I want to look at it through a different carelessness and indifference — prism. contemptible, if in regard to herself; culpable; I was at an inspiring lecture recently by Robert if in regard to her sick.3 Francis QC, who conducted the inquiry into the care provided by Mid Staffordshire NHS Foundation Trust — Swap ‘patients’ for ‘prisoners’, ‘the prison’ for the ‘The Mid Staffs Inquiry’.1 Mid Staffs failed with ‘the trust, ‘prison governors and officers’ for ‘nurses’ shocking, distressing consequences for patients and and does not that send a spasm of recognition through their families — and this was despite the very you? sophisticated systems the NHS has in place to manage Don’t respond to this with a shrug that a prison’s risk. I want to consider what lessons the Mid Staffs responsibilities to prisoners are so different from those Inquiry has for a prison service being asked to do more of a hospital to its patients that somehow it does not with less. I don’t want to make simplistic comparisons apply. Take from it that if this can happen in a hospital — but we would want to be confident, would be not, where the responsibility to provide care is that there is not a Her Majesty’s Prison Mid- unambiguous, how much more carefully do we have to Staffordshire out there somewhere? guard against it in a prison. Now, to be absolutely clear, I should insert a disclaimer here. This is my I am not saying the conditions that existed in Mid Staffs interpretation of how what Robert Francis said applies exist in any prison I know. What I am saying is that it is to prisons. If you want to know what he thinks, read a risk we should guard against and I think there is some the report. Indeed, I urge you to do that. evidence that it is a growing risk. The press statement with which Robert Frances This is a summary of our inspection findings for introduced his report begins like this. 2012/13. It shows the rolling annual average of our healthy prison assessments as the year progresses. It The final report into the care provided by Mid shows a decline for the outcomes for prisoners we Staffordshire NHS Foundation Trust was have reported in almost all areas over the year.4 published today. The Inquiry Chairman, Robert (Figure 1)
1. Francis, R. (2013) Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry London: the Stationary Office available at http://www. midstaffspublicinquiry.com/report 2. Robert Francis QC. Press release: Final Report Of The Independent Inquiry Into Care Provided By Mid Staffordshire NHS Foundation Trust. 3. Robert Francis QC. King’s Fund Conference 27 February 2013 Lessons from Stafford quotes: @Florence Nightingale; Notes on Nursing 1860 Pages 92-93’. 4. HMI Prisons. Rolling average of reported inspection outcomes 2012/13.
Issue 211 Prison Service Journal 3 Figure 1: HMI Prisons Healthy Prison Assessments - Rolling Annual Averages
There might be a number of reasons for this to do In all those areas we assess prisons against the four with our methodology, or the inspection process itself. healthy prison tests below: Perhaps our judgements are getting harsher. Perhaps our Safety prisoners, even the most vulnerable, risk assessment processes are getting better so we are are held safely inspecting the most problematic places more regularly. Respect prisoners are treated with respect for No doubt, lots of people will want to explain it in those their human dignity terms. But hold this thought. Perhaps the reason for this Purposeful prisoners are able, and expected, to decline in outcomes we recorded in our inspections last activity engage in activity that is likely to year is the most obvious one — things really are getting benefit them worse. Resettlement prisoners are prepared for their release into the community and helped to The role of HM Inspectorate of Prisons reduce the likelihood of re-offending.7 In each area we make an assessment of whether I should briefly explain how the inspectorate work outcomes for prisoners are good, reasonably good, not for those who have not had the joys of an inspection. sufficiently good or poor. To analyse and compare these This will help to explain how we obtain the evidence I will assessments we give them a numerical value — ‘Good’ is use in this article, and secondly, it is important to 4, ‘Poor’ is 1 etc. Each healthy prison test is underpinned acknowledge that some of the lessons arising from the by a set of Expectations or inspection standards that we Mid Staffs Inquiry were about the failures of the inspect against and each Expectation has a set of regulators and inspectors. indicators that set out the evidence we will look for to The modern form of independent prison provide assurance the Expectation has been met. These inspection, it should be remembered, grew out of the Expectations are referenced against human rights response to the prison riots and industrial relations standards and norms. An important part of how we tensions of the 1970s.5 The Strangeways riot in 1990 operate is that we are not auditors checking that prison led to the creation of the Prison and Probation service policy and procedures are being followed, we are Ombudsman and Independent Monitoring Boards in inspecting outcomes against objective, external their current form.6 When the prison system failed, standards. We carry out about 100 inspections a year effective inspection, monitoring and complaints and almost all now are unannounced. systems were seen as an important part of the remedy. When we inspect we come to our judgements on The statutory function of the prison inspectorate is to the basis of five main sources of evidence: report on ‘the treatment of prisoners and the conditions Prisoners surveys in prisons’. That means we report on outcomes for Discussion with prisoners individually and in groups prisoners, not the management of prisons. That Talking to governors, staff and visitors to the prison responsibility now extends beyond prisons to Young Offender Institutions, immigration detention, police Examining documents and records and and courts custody. Observation
5. The Home Office; Prisons over Two Centuries extracted from the Home Office 1782 to 1982. 6. The Woolf Report 1991; quoted in Doing Time or using Time: HM Chief Inspector of Prisons January 1993. 7. HMI Prisons: Prison Expectations: Healthy prison tests.
4 Prison Service Journal Issue 211 Our role was strengthened when the UK became a difficult things to say and OPCAT provides an import signatory to the Optional Protocol to the Convention safeguard for our ability to do so. Against Torture and other cruel, inhuman and degrading Much of what I have to say in this article is based treatment or punishment — or OPCAT as its known. upon that inspection evidence — I will focus on the OPCAT requires signatory states to establish a system of evidence of our inspections of adult male prisons — not independent, preventative inspection of all places of because other types of custody are not important but detention known as the National Preventative because they are a topic in their own right. Mechanism or NPM, and the prisons inspectorate is one As part of looking at the lessons of the Mid-Staffs of the bodies that make up the UK NPM. OPCAT specifies enquiry, I will consider the role of inspection, monitoring the characteristics an NPM must have: and complaints bodies in identifying and managing risk It must be independent in a system under pressure. Adequately resourced What is contracting and what expanding? Have access to all places of detention and detainees and to all information We are all familiar with the idea that the prison Be able to conduct interviews with detainees and population has grown enormously over the last few staff in private decades. In June 1993 the prison population stood at Make regular visits 44,246. It peaked in December 2011 at 88,179.9 (Figures And be able to make recommendations and 2 and 3). However, since then it has fallen and stood at comment on legislative proposals.8 83,897 at the end of Mat 2013. A fall of almost 5 per 10 I think those who designed OPCAT had two great cent. So we need to qualify our idea of a continually insights. The central features of the system are first, that expanding prison population. It would be right to be it recognises inspection as a preventative system. The cautious about putting too much reliance on the most primary purpose is not to catch establishments out doing recent figures but it is fair to say that NOMS’ own wrong or detect human rights abuses — but to prevent projections predict a continuing downward trend. things going wrong in the first place and prevent those Prison numbers cannot be looked at in isolation. We human rights abuses from occurring. Second, it need to consider them against overall prison capacity and recognises that for the inspection function to be whether the type of prison we have is fit for purpose. In effective, it needs to be independent, and our December 2011 the capacity of the prison estate was independence is central to how we work. Sometimes, 78,471 but it had to hold that record number of 88,179 that independence means we have unwelcome or prisoners. It was operating at 12.4 per cent over capacity.
Figure 2: Total Prison Population 1993 - 2011 by year
8. Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. 9. http://webarchive.nationalarchives.gov.uk/20130315183909/http://www.justice.gov.uk/downloads/statistics/mojstats/story-prison- population.csv 10. https://www.gov.uk/government/publications/prison-population-2012
Issue 211 Prison Service Journal 5 Figure 3: Total prison population May 2012 - May 2013
At the end of May 2013, the capacity had fallen to There is an argument that larger prisons not only 78,347 and prison, and the system held 83,897 prisoners provide economies of scale but can also provide a greater — 7.1 per cent over capacity. Still too high, but less range of opportunities than smaller prisons. Announcing overcrowded than before.11 (Figure 4) plans to build a titan prison, Chris Grayling, the Justice In January this year, the government announced the Secretary said: closure of 7 prisons and plans to increase the size of others and build one large ‘titan prison’. The prisons If you’ve got a big centre like that you’ve got announced for closure were Bullwood Hall, Camp Hill, the ability to put good training facilities at the Canterbury, Gloucester, Kingston, Shrewsbury, Shepton heart of it because it’s in all of our interests to Mallet.12 make sure that people come out of prison Most of these prisons were smaller than the average with more education, more skills and they prison size and some with specialist functions, such as have a better chance of getting a job rather Shepton Mallet and Kingston, which were amongst the than going back to prison.14 best we inspect. But others, like Gloucester, Camp Hill and Canterbury, whilst still small were amongst those I looked at how we had assessed the ten largest about which we had significant concerns, at least in prisons at their most recent inspection.15 They do not relation to some of their functions.13 (Figure 5) include the very large new Oakwood prison which we
Figure 4: Overcrowding % 2 years to May 2013
11. http://d19ylpo4aovc7m.cloudfront.net/fileadmin/howard_league/user/pdf/Prison_watch/Prison_Watch_21.06.2013.pdf 12 Ministry of Justice: Press release 10 January 2013: Changes to prison capacity announced. 13. HMI Prisons: Inspection reports. 14. Rt Hon Chris Grayling MP, Lord Chancellor and Secretary of State for Justice, quoted by the BBC 10 January 2013. 15. HMI Prisons: Inspection reports.
6 Prison Service Journal Issue 211 Figure 5: Closed prisons — last HPA scores
Establishment Inspection Population Safety Respect Purposeful Resettlement date score score activity score score
Bullwood Hall 03/09/2012 209 4 3 4 2
Camp Hill 21/05/2012 580 2 3 1 2
Canterbury 16/07/2012 299 4 3 4 1
Gloucester 03/07/2012 309 3 2 1 2
Kingston 16/08/2010 195 4 4 3 4
Shepton Mallet 14/06/2010 189 4 4 3 4
Shrewsbury 05/09/2011 333 4 4 3 2 have not inspected yet. The results were mixed but it is performing ‘well’ — pretty much equivalent to the ‘good’ noteworthy than none of them were good or reasonably outcomes we use today. Her very thorough and good in all the healthy prison tests and they tended to systematic analysis found than prisons with a population score worst against our purposeful activity test. There of less than 400 were four times more likely to be might be a number of reasons for that — these are mainly performing well than a prison with a population of over overcrowded local prisons and a large training prison 800. Other factors were important too — older prisons operating at the correct capacity might do better — but I opened before 1938 for instance were 47 per cent less think the onus is on those who propose such a model is likely to be performing well than a prison opened from to evidence that it will and I do not think they have done 1978 onwards. so yet. (Figure 6) None of this is too surprising. If you pull this together For a more systematic view about the relationship what is says, is that size is not an exact predictor of between prison size and prison outcomes, I turned to performance but on the whole, the analysis bears out some work done by one of our excellent researchers, Sam what common sense would suggest — that as the size of Booth, in 2009 at the time the Labour government was prisons increase, they will be more difficult to run. itself planning for the introduction of titan prisons.16 Her Running larger establishments is not the only work looked at the characteristics of a prison that was challenge governors have. They are increasingly
Figure 6: Largest prison HPA scores
HEALTHY PRISON ASSESSMENT SCORES
Establishment In-use Population % Safety Respect Purposeful Resettle- CNA Over- activity ment crowded
Birmingham 1,093 1,413 129% 3 3 2 2
Elmley 943 1,243 132% 3 3 2 3
Forest Bank 1,064 1,316 124% 3 3 2 4
Hewell 1,003 1,203 120% 2 1 2 3
Highpoint 1,259 1,244 99% 3 3 3 2
Northumberland 1,354 1,316 97% 3 3 2 2
Parc 1,170 1,435 123% 3 224
Pentonville 915 1,262 138% 2 3 2 2
Wandsworth 730 1,218 167% 1 1 2 3
Wormwood 1,170 1,240 106% 3 3 2 3 Scrubs
16. HMI Prisons: The prison characteristics that predict prisons being assessed as performing ‘well’; a thematic review by HM Chief Inspector of Prisons. Samantha Booth 2009.
Issue 211 Prison Service Journal 7 commissioners or contract managers, with many of the knowledge or interest in what was required in the prison functions provided by their prison — healthcare, learning, with consequences not just for the health of prisoners but skills and work, resettlement provision and an increasing also for the wider security of the prison. In my view, the proportion of support and ancillary functions — provided governor had done everything possible he could to by contracted providers. As we see sometimes in resolve the situation. healthcare or learning and skills for instance, the control Despite these challenges, the expectations that the governor has over that provision is tenuous and when prisons should deliver more are growing too. I very much things go wrong, the governor’s ability to take corrective welcome the government’s intention to transform action is very constrained. rehabilitation services and provide greater support to the I will give an example from our inspection of HMP many prisoners serving short sentences who now receive Ranby last year.17 I quote from the introduction to the very little support at all.18 Some aspects of the proposed report: mechanisms for delivering this require further thought — but who can argue with the Poor prescribing practice was intention? one element of very poor It is a fact, however, that the health care commissioned by Commissioners and prisons that will bear the greatest NHS South Yorkshire and responsibility for delivering this are Bassetlaw. providers showed many of the large, overcrowded very little knowledge Victorian prisons with huge churn The prison had tried to amongst their populations and address this prior to the or interest in what that are amongst the most difficult inspection but without to run. These are the prisons too success. was required in the which will have to deliver changes to the Incentives and Earned The care provided by prison with Privileges scheme19 which will individual medical staff was consequences not particularly affect prisoners when good. just for the health of they begin their sentence — and There were a high number of no doubt they are looking forward missed appointments but prisoners but also for to implementing the smoking ban long waiting lists for an when that comes into force next the wider security of 20 appointment. year I believe. the prison. So even if the prison There was no out of hours population itself seems to have at service and unqualified prison least stabilised for the moment, staff had to judge whether a what is certainly expanding are the prisoner who complained of being unwell at expectations on prisons and those who work in them — night should be taken out of the prison to to deliver better outcomes from larger, more complex hospital with all the disruption that entailed, or establishments. told to wait until the next morning when a And what is contracting? The resources they have to nurse or doctor would be available to see him. do it with. The National Audit Office reported in 2012 In our view, this seriously compromised prisoner that NOMS as a whole (that is prison, probation and HQ safety. functions) had to save £884M from their 2010 baseline, 37 per cent of which had to come from HQ.21 Much of At the heart of these issues were poor that saving has come from staff. ‘Fair and Sustainable’ partnership arrangements and the partnership and the benchmarking exercise have significantly reduced board, which should have provided a forum for the number of officers supervising prisoners and the sorting them out, had not met for more than six number of governors and managers supervising officers months. and staff and the support they all get from HQ. When the Public Accounts Committee considered What happened was the governor was at his wits the NAO report, the committee recognised NOMS’ end. Commissioners and providers showed very little success in meeting its financial targets despite the
17. HMI Prisons: Report on an announced inspection of HMP Ranby (5-9 March 2012) by HM Chief Inspector of Prisons. 18. Ministry of Justice: Transforming rehabilitation; A strategy for reform 3 May 2013. 19. Ministry of Justice: Press release 30 April 2013: Toughening up prisoner privileges. 20. See for example Mail on Sunday 3 March 2013. 21. National Audit Office 18 September 2012: Restructuring of the National Offender Management Service.
8 Prison Service Journal Issue 211 challenges it faced but the Chairman, The Rt Hon quoted this account from the relative of a patient in the Margaret Hodge MP said: notorious Ward 11.23
Unless overcrowding is addressed and staff In the next room you could hear the buzzers continue to carry out offender management sounding. After about 20 minutes you could work, it is increasingly likely that rehabilitation hear the men shouting for the nurse, ‘Nurse, work needed to reduce the risk of prisoners nurse’, and it just went on and on. reoffending will not be provided and that prisoners will not be ready for transfer to open And then very often it would be two people conditions or release. calling at the same time and then you would hear them crying, like shouting ‘Nurse’ louder, We were not reassured that the Agency has and then you would hear them just crying, done enough to address the just sobbing, they would just risks to safety, decency and sob and you just presumed standards in prisons and in If you are asking a that they had had to wet the community services arising bed. from staffing cuts significant number implemented to meet of inherently risky And then after they would financial targets.22 sob, they seemed to then organisations to do shout again for the nurse and My point here is not that I then it would go quiet ... 24 think efficiencies can’t and more with less — it shouldn’t be made — I do — and is just simply prudent I suppose at least older we have certainly seen prisoners in a prison with night establishments improve despite to consider that the sanitation have a pot — so that’s the savings they are required to level of risk might better isn’t it? make. Nor am I opposed to many Here is another example of the government’s policy ideas increase and that Francis quotes. The daughter-in- — in particular I welcome the law of a 96 year old patient: emphasis on rehabilitation. My needs to be point is simply this. If you are monitored and We got there about 10 asking a significant number of o’clock and I could not believe inherently risky organisations to do managed carefully. my eyes. The door was wide more with less — it is just simply open. There were people prudent to consider that the level walking past. of risk might increase and that needs to be monitored and managed carefully. Mum was in bed with the cot sides up and she hadn’t got a stitch of clothing on. I mean, she Learning from the Mid-Staffs Inquiry would have been horrified.
Concerns about mortality and the standard of care She was completely naked and if I said covered provided at the Mid Staffordshire NHS Foundation Trust in faeces, she was. It was everywhere. resulted in an investigation by the Healthcare Commission (HCC) which published a highly critical report in March It was in her hair, her eyes, her nails, her hands 2009. This was followed by two reviews commissioned by and on all the cot side, so she had obviously the Department of Health. These investigations gave rise been trying to lift her herself up or move about, to widespread public concern and a loss of confidence in because the bed was covered and it was literally the Trust, its services and management. Consequently, the everywhere and it was dried. It would have then Secretary of State for Health, Andy Burnham MP, been there a long time, it wasn’t new. asked Robert Francis to conduct an Inquiry into what had gone wrong. To be fair, I don’t think I have ever seen anything like The formal text of the inquiry report hides the horror that in a prison, but I have seen elderly, physically disabled of what actually happened. In his lecture, Robert Francis and mentally ill prisoners in conditions — where they had
22. Rt Hon Margaret Hodge MP, Chair of the Committee of Public Accounts 05 March 2013. 23. Report of the Mid Staffordshire NHS Foundation Trust public Enquiry Volume 3, Paragraph 23.8. 24. Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry Volume 3, Paragraph 23.9.
Issue 211 Prison Service Journal 9 been for long periods — which could only be described as their safety had significantly worsened in twice degrading. as many prisons as those where they had So what were the warning signs in Mid-Staffordshire significantly improved.25 that were missed that allowed that situation to develop? Francis sets out seven. First, patient stories of the sort I The figures I quoted in my last annual report cover have just described. Too often these were not heard or the period April 2011 to March 2012. We can’t do an dismissed in Mid Staffs hospital — and of course one of exact comparison for this year yet, because the NOMS the significant risks in a prison is that if prisoners talk safety data figures are not available for the first quarter of about victimisation or neglect they can easily be dismissed 2013. However, we can compare the figures for the as not credible. I think one of the things my predecessors calendar year 2011 and the calendar year 2012. They got absolutely right at the inspectorate, and I have simply paint a similar picture to those I reported in our last annual continued, is to put what prisoners tell us at the heart of report. The number of self-inflicted deaths rose from 57 in our inspection process. I remember asking one of our 2011 to 60 in 2012. This represented a slight increase in inspectors who had been seconded from the prison the number of self-inflicted deaths per 1000 from 0.66 to service and was returning to her prison to work what she 0.7.26 The incidence of self harm continued to rise in men’s had learnt from her time at the inspectorate. ‘To listen to prisons from 15,829 incidents in 2011 to 16,567 in 2012. prisoners’ she said. That’s a hard thing for those who The number of self-harm incidents in women’s prisons work in prisons when time is short and you are rushing continued to fall although the rate per 1000 remains from task to task but neglect it at your peril. significantly higher than that in men’s prisons.27 The second warning sign was mortality data. By this, The number of assaults of all types fell, I am pleased Francis was referring to the statistics that suggested to say. That may reflect the fall in the number of young patient mortality was much higher than should have been people in custody. The number of assaults involving expected, and the trust’s inadequate response to it. The young people aged 15-20 fell sharply — while those number of self-inflicted deaths in prison has thankfully involving older men aged 21 to 40 grew.28 come down from the levels of a few years ago but it still And as we have seen, our inspection assessments remains much too high. In my 2011/12 Annual Report I suggest that levels of safety have fallen over the year but reported: the decline has not been as sharp as in some other healthy prison tests. In my view the evidence continues to The number of self-inflicted deaths in prison suggest at least a concern about declining safety levels. rose from 54 (0.64 per 1,000 prisoners) in 2010 The other broader point that Francis makes about —11 to 66 (0.76 per 1,000 prisoners) in 2011 the mortality statistics at Mid Staffs is that there were —12. Three children held in Young Offender some valid methodological criticisms that could be made Institutions killed themselves. of the way they were used but there was no doubt that the overall message they gave was substantially correct. It remains to be seen whether this rise is an The reaction of management to data that was giving anomaly, or whether it heralds the reversal of a them unwelcome news was to try and find reasons why downward trend in the number of self-inflicted it might not be true rather than to act on the basis it deaths in prison. might be, until proved otherwise. The third missed warning sign he identifies were Incidents of self-harm are, however, also rising complaints. Complaints at Mid Staffs were often dealt in men’s prisons — from 14,768 in 2010–11 to with by the unit to which the complaint referred, 16,146 in 2011–12 (the number fell in women’s defensively, slowly and with very little remedial action prisons) — as are the number of recorded taken. The Trust Board was not told the substance of any assaults, from 13,804 to 14,858. complaints. Taken together they should have been a loud and clear warning that something was wrong. Taken together, these figures are a matter of Nevertheless, Francis cautions against too great a reliance real concern. on the complaints system. Some patients were unable to complain on their own behalf and had no friends or When we compared survey results for prisons family visiting them who could take up a complaint for inspected this year with those from their them. In addition, patients and their families were often previous inspections, prisoners’ perceptions of scared to make a complaint for fear of repercussions.
25. HMI Prisons Annual report 2011/12 Introduction. 26. Ministry of Justice: Safety in Custody Statistics England and Wales Update to December 2012: Deaths. 27. Ministry of Justice: Safety in Custody Statistics England and Wales Update to December 2012: Self-harm. 28. Ministry of Justice: Safety in Custody Statistics England and Wales Update to December 2012: Assault in prison custody 2002-2012 Table 3.3 assaults by age.
10 Prison Service Journal Issue 211 So what about prison complaints? Do those of you moving from place to place to try to give who work in prisons know the patterns and trends of adequate care to patients. If you are in that prisoner complaints in your prison? Are you confident that environment for long enough, what happens is they are dealt with by staff who are not directly involved? you become immune to the sound of pain. You Are complaints answered promptly, courteously and either become immune to the sound of pain or followed through and where necessary is remedial action you walk away. You cannot feel people’s pain, taken? you cannot continue to want to do the best you Francis quotes one relative of a patient who told him possibly can when the system says no to you, this: you can’t do the best you can.32
Some of them were so stroppy that you felt that I was talking to a group of sessional staff who visit if you did complain, that they could be spiteful prisons regularly at an event last weekend and they to my Mum or they could ignore her a bit described exactly that. They felt overwhelmed by what more.29 they were dealing with and simply had to shut out all the distress they were hearing or leave. I tell you, that is exactly what some prisoners’ families This is a quote from an inspection report about tell me when they write to me with a concern about how Cookham Wood YOI in 2009. they or a relative in prison is being treated. The government’s consultation paper on changes to The living units were very noisy, with cell bells the legal aid system makes heavy constantly ringing and young reliance on the prisoner complaints people shouting to each other system. I think they need to be Some staff felt and staff when locked in their more cautious. In our response to cells. The noise of cell bells the consultation paper we point personally ashamed was exacerbated because out that our inspection evidence of the poor care they they rang on both units suggests that the prisoner whenever they were complaints system cannot be felt they were activated. Staff and young consistently relied on. In our obliged to give. people told us that cell bells surveys last year, 13 per cent of were used frequently by prisoners told us it was hard to young people to gain staff make a complaint, two thirds of attention for routine matters those who did so felt it had not been sorted out fairly and and it seemed to have become an accepted nearly one in five told us they had been prevented from form of communication. Consequently, cell bells making a complaint.30 We find repeated examples of the were not responded to with any sense of person about whom the complaint is made being the urgency and the risk of failure to respond to a same person who answers it. genuine emergency was high. Observation Don’t underestimate the importance of this. An panels and windows on stairwells were effective complaints system in which prisoners have regularly broken and rubbish from cells emptied confidence was seen as an essential part of the remedy to into the corridors.33 the Strangeways riots by Lord Woolf’s report.31 The fourth missed warning sign was staff and Cookham Wood, I should say, has improved beyond whistleblowers who did raise concerns but there was a all recognition since we did that inspection but that bullying and dismissive response when they did. Francis extract from the report captures how staff shut out what also gives reasons why more staff did not raise concerns: they heard and saw in the way Francis describes. Shame. Some staff felt personally ashamed of the poor Then there is crude self-interest. Staff don’t raise care they felt they were obliged to give. things because they perceive it will be damaging for them Next, what Francis describes as ‘the sound of pain’. in some way or they simply want a quiet life. One staff member told him this: The fifth missed opportunity to see the warning signs that Francis says was missed was the governance of the The nurses were so under-resourced they were trust. There were some organisational failures which may working extra hours, they were desperately be specific to a health setting but Francis also describes a
29. Robert Francis QC. King’s Fund Conference 27 February 2013 Lessons from Stafford. 30. Submission to Ministry of Justice: Transforming Legal Aid —delivering a more credible and efficient system. HM Chief Inspector of Prison 4 June 2013. 31. HM Chief Inspector of Prisons Annual Report 1996–º1997. 32. Robert Francis QC. King’s Fund Conference 27 February 2013 Lessons from Stafford. 33. HMI Prisons: Report on an announced inspection of HMYOI Cookham Wood (2-9 February 2009) by HM Chief Inspector of Prisons.
Issue 211 Prison Service Journal 11 set of attitudes which meant that opportunities to see and This is what he described as existing in Mid Staffs act on warnings were missed. Those who work in prisons hospital — I recognise it as a pretty good description of may recognise some of these: the common features of a failing prison. The failures were A mindset of uncritical scepticism by managers not just internal to Mid Staffs Hospital. The external about complaints and concerns? regulatory and inspection mechanisms also failed. He The comfort of poor practice being common — described regulators and inspectors as concentrating on ‘we’re not the worst’? the system’s business, not patients. He say regulators had standards which missed the An over-reliance on insufficiently rigorous external point inspection and scrutiny findings? There was too great a focus on finance, corporate And finally Francis points to two other factors. governance and targets Reductions in staffing and finance and the reorganisation required to achieve these without properly thinking There were regulatory gaps through their implications for patient care. Of course, Inspectors balanced ‘bad’ news with ‘good’ Robert Francis does not argue that the NHS or Mid Staffs regardless of the objective weight different findings hospital should be exempt from the financial constraints should have. And the recipients of inspection that all public organisations face. As I understand it, what findings naturally heard the good news better than he argues is that insufficient weight was given to the the bad. impact on patient care in considering the various options. Inspectors assumed compliance rather than fearing Why then were these warning signs missed and non compliance opportunities to put things right ignored? And too often they accepted positive information Users were not heard uncritically whilst rejecting the negative. The significance for users of concerns, reorganisations, information was overlooked Conclusion The cumulative effect of concerns was not considered Let me say again why all this is relevant to the prison Some key decision makers had insufficient support service. Contraction in an age of expansion means and expertise contacting resources whilst meeting expanding There was an assumption that ‘someone else was requirements, in other words doing more for less. dealing with it’ In an organisation that has managing risk as a core Safety relevant information was not shared — how function, it must increase the level of risk that has to be often do we see that in prisons? managed. I am not predicting murder and mayhem, but what I am saying is that what we are finding on our There were barriers to information sharing. inspections now might be evidence that the level of risk All these factors came together to create a negative may indeed be increasing. If that is the case, it is my 34 culture which he describes like this: contention that Robert Francis’ Inquiry into Mid Staffs hospital has lessons from which the prison service, if it Figure 7: Mid Staffs: a negative culture was prudent, could learn. I say this not to point the finger at things that are going wrong, but to try and prevent that happening, as is my duty to do. PRESSURE Targets So what are the remedies? Again what Robert Finance Francis talked about in relation to Mid Staffs has relevance FT status Jobs for the prison services. He stressed the need for strong common values and fundamental standards — standards
HABITUATION REACTION that reflect what the public see as essential. For me that Tolerance Fear reinforces the value of our human rights based, outcome Denial Low morale External reassurance Isolation focussed Expectations. And since coming into this role, I Someone else’s Disengagement have been struck by the very consistent support there is problem No openess for that approach from prison managers and staff
BEHAVIOUR themselves. I think they are viewed more uneasily in some Uncaring other quarters — but we will not change that approach. Unwelcoming Bullying When those standards are breached in hospital, Francis Keeping head down urges that services should be closed, where appropriate, individuals held to account and individual incidents
34. Robert Francis QC. King’s Fund Conference 27 February 2013 Lessons from Stafford.
12 Prison Service Journal Issue 211 investigated and remedial action taken. My experience is identify and remedy them. However, the systems for that if I have raised serious concerns with NOMS doing so are now stretched and my advice to Ministers is management following an inspection, action is taken to be very, very careful before they stretch them further or which I welcome. You would be a better judge than I of expect them to carry a heavier load. whether that represents the general picture. When he submitted his report, Robert Francis wrote Francis urges the need for openness, candour and a covering letter to the Secretary of State for Health which transparency. In prison terms, I think that needs constant was published alongside the report. In the final paragraph attention as the nature of the business may create a of the letter he says this: culture that militates against it. Finally he talks about a system of regular and risk If there is one lesson to be learnt, I suggest it is based inspection with which providers have a duty to co- that people must always come before numbers. operate, that has user experience at its heart and one that It is the individual experiences that lie behind does not rely on self-assessment but requires proof of statistics and benchmarks and action plans that compliance with fundamental standards. really matter, and that is what must never be If you look at these remedies that Robert Francis forgotten when policies are being made and proposes for the health service, the prison service could implemented.35 say with some justification that many, although not all of them, are in place and I hope we contribute to that. So Not a bad message, I would say, for the politicians, while I believe that the prison service is carrying a higher civil servants, NOMS, governors, prisoner officers, staff — level of risk, and some of the features Robert Francis and inspectors trying to help the prison service deal with found in Mid-Staffs can be found in failing prisons and so contraction in an age of expansion. need vigilance to prevent, I think it is better placed to
35. Robert Francis QC. Press release: Final Report Of The Independent Inquiry Into Care Provided By Mid Staffordshire NHS Foundation Trust.
Issue 211 Prison Service Journal 13 Perrie Lectures 2013 Contraction in an Age of Expansion: an Operational Perspective Ian Mulholland is Deputy Director of Public Sector Prisons.
Does ‘Contraction in an Age of Expansion’ refer to effective ‘whole prison approach’ in benchmarking which the contraction of the public sector share of the is encapsulated in the concept of ‘every contact matters’. prison system and the concomitant expansion of the role of providers of what is inelegantly referred Benchmarking Phase 1 to as ‘outsourced’ services? Or does it refer to the contraction of resources as part of the Benchmarking is the public sector’s opportunity to Government’s deficit reduction strategy while design and deliver itself out of competition. Late last ambitions for what prisons are required to do are summer we were speculating about how many of the six expanding? The title begs a question about how public sector-run prisons being competed we would those who run prisons manage competing demands retain and whether we would win the Wolds. No one but in a way which remains ethically sound? predicted that, albeit with the bitter blow of losing This is standard fare for prison governors — running Northumberland and South Yorkshire, we would be given prisons is never only about dealing with one set of issues. the opportunity to avoid competition in the future. The art of governing prisons has always involved However, we retained Durham, Onley and Coldingley not reconciling issues which pull you in different directions at because of the strength of our bids for those prisons but the same time. The reflex response to prioritise is too because of the strength of what we could deliver if we simplistic: for while sometimes the importance of one applied the benchmark of our bids in all the other public matter over another is obvious, prioritisation can too sector prisons. The prize is to reengineer the way we run easily result in the sole concentration with the ‘here and prisons so that it wouldn’t make sense to compete them now’. The passive acceptance that if things are important in the future. Competition hasn’t gone away: if we don’t they will become important is a counsel of despair. seize the opportunity we have been given, competition Actually, there is little which goes on in prison which isn’t will return — and we may not be given the chance to rightly very important to someone. Priorities too often take part. depend on one’s standpoint. And while good governors The application of the benchmark to the 52 local and will endeavour to see things from different points of view, category C prisons is complete and plans for the it’s hard always to be rigorously objective. implementation of the changes over the next 18 months. So, how do those who run prisons manage The challenge is to deliver additional efficiencies of £84m competing demands but in a way which remains ethically in 2013—14 and £75m in 2014—15. We are on track to sound? In answering that question I shall provide an deliver these efficiencies which actually represent some update on the delivery of benchmarking in the first 52 increase in the resources of two prisons and savings prisons (the local and category C prisons) which constitute ranging between a few per cent to over 20 per cent in Phase 1 of the benchmarking project); and address two others. The range of the savings is healthy: it reflects the issues which connect with the theme of ‘contraction and more sophisticated approach benchmark provides expansion’. First, that benchmark is not a ‘one size fits all’ compared to the crude approach we have traditionally prescription but a means of reconciling the need for used of ‘top-slicing’ budgets which was indiscriminate greater consistency across a diverse estate at a time of and often unfair. financial retrenchment. The benchmark is less a ‘blueprint’ But benchmarking is not only about efficiencies. In the in the original meaning of that word than an approach; Phase 1 prisons we will increase by over 9,000 the number and that that approach is pragmatic and principled not of work places for prisoners enabling a 29 per cent increase Procrustean. Second, is recognition of the central role of in purposeful activity. This isn’t any old work. Work and the prison officer and all staff who have contact with training is being shaped in each prison to match the prisoners, which is built into the design of the benchmark. employment market opportunities in the areas where the It is upon the skill with which this role is performed that prisoners are to resettle on release. In the Local prisons the management of some of the most acute issues in the prisoners will be unlocked for 9¼ hours Monday to Friday day-to-day life in prison depend — the reconciliation of and 8 hours at weekends. At Wandsworth, this will enable competing demands of contraction and expansion are through the use of a ‘split regime’ (with some prisoners managed at the micro level. This role is central to an working a morning shift and some the afternoon shift) the
14 Prison Service Journal Issue 211 provision of an additional 403 work places — a total of from Standing Orders to Circular Instructions and other 673 with 418 of them full-time — and an increase in less formal pieces of instruction and advice, were replaced purposeful activity of 25 per cent from 10,891 hours per by much more consistently set out and much more week to 13,648. In the category C prisons, prisoners will be prescriptive instructions which clarified what a governor unlocked for 10¼ hours Monday — Friday and for eight ‘must’ and what a governor ‘might’ do. In time the over- hours at weekends, which at Onley will enable a 32 per prescriptive nature of this approach (which reinforced the cent increase in the number of work places from 511 to managerialist approach to public service provision), which 742 and an increase in purposeful activity of 50 per cent often tended to drive up costs, was gradually replaced from 16,481 hours per week to 24,736. with a sharper focus on ‘outcomes’. The advent of I recognise that delivery, full implementation will be ‘commissioning’ has sharpened the emphasis on the the acid test. The careful planning for this — using a ‘what’ which has naturally prompted debate about how three-stage ‘mobilisation, transition and transformation’ the ‘what’ is measured — binary measures of reconviction process which ensures that the preparation for ‘going live’ are not the most meaningful proxy of success. But prisons is well grounded — is well in hand; and at five prisons — cannot be defined by ‘outcomes’ alone: the fundamental Only, Durham, Coldingley, Dartmoor and Rochester, our importance of the principle of decency alone requires ‘early adopters’ — there are healthy signs that we are on careful consideration of the ‘how’. Benchmarking track to deliver successfully. recognises this. In essence benchmarking A Pragmatic not a Procrustean involves a simpler and more benchmark There is a concern efficient method of resourcing prisons within a framework There is a concern that that benchmarking is defined by a prison’s daily routine benchmarking is a ‘one size fits all’ — the ‘core day’. The outcomes prescription, a centrist approach a ‘one size fits all’ show we can make efficiencies which will squeeze out any scope prescription, a centrist without retrenching regimes. We for local innovation or discretion. can actually do better. We achieve The Prison Service is a large and approach which will this because benchmarking is a quite a diverse organization and squeeze out any pragmatic and principled not a wrestles with the thorny issue of Procrustan approach. Procrustes, how to ensure consistency — for scope for local you will recall, was the tyrant in good rights-based reasons as well Ancient Greece who ensured his as for reasons of efficiency and innovation or guests fitted the bed he offered effectiveness — without also discretion. them either by stretching them if imposing a slavish conformity to a they were too small or chopping prescriptive set of requirements off parts of their limbs if they were which don’t meet the needs of each prisoner or reflect the too large. Unlike Procrustes benchmarking adjusts the differing infrastructures and conditions in which prisoners bed. And we make that adjustment in two ways. are held. Put simply it is a question of the extent to which First, for example, in the category C prison the ‘centre’ or headquarters of an organisation dictates benchmark we have distinguished and differentiated what happens ‘on the ground’; or what is sometimes provision for foreign national prisoners, for prisons with referred to as an organisation’s ‘loose/tight’ properties in personality disorder units, for the restorative justice pilots; which a balance between central control and local and at HMPs Bure and Whatton we have adjusted discretion has to be struck. provision to accommodate the larger number of older, In organisations like supermarkets it is easier to justify retired prisoners. We have also adjusted provision to greater central prescription. There, questions such as how ensure that the offender management function is many shelves of beans of a particularly brand should be resourced to reflect the greater weight of work involved in displayed with such-and-such a discount for how long, prisons with a higher proportion of public protection can be determined remotely but such questions have no cases. The fact that we will have different benchmarks for parallel in prisons. That is not to say there is no scope for prisons which hold women, young adults, the most consistency. Benchmarking seeks to provide an approach dangerous and the youngest of all also serves to illustrate which ensures consistency of standards while giving scope that benchmarking is far from being the centrally to make such differences as different prisoner populations prescriptive ‘one size fits all’ solution to delivering an and different prisons necessarily require. additional cost efficiencies in both this and the next Following the Whitemoor and Parkhurst escapes in financial year. the mid 1990s, the mass of inconsistent and often unclear Secondly, benchmarking provides not a flat-pack advice and direction contained in various communications IKEA kit which governors have simply to put together but
Issue 211 Prison Service Journal 15 a resource provision and the capacity for a regime which Susan Hulley2 at Cambridge have conducted over several can be can be shaped to suit the facilities of each prison years, we have a better grasp of how to make provision of and to meet the particular needs of prisoners. a sort which can enable the best sort of staff-prisoner Benchmarking contributes to the ‘new ways of relationships to flourish. This is not to suggest we have it managing, working and delivering’ which Michael Spurr, cracked but that the social sciences have provided us with Chief Executive of NOMS, has promoted. Key to this analyses which show what makes prisons good prisons. contribution is the involvement of governors and staff This is a big subject and I shall focus on one aspect of the locally in both informing the initial application of the research into the quality of prison life, the values and benchmark principles and then in driving the planning of practices in public private sector prisons and into the the implementation. Implementation is resourced distinctiveness of the work of prison officers. according to the scale of the challenge each In working up our bids in the prisons competition we establishment faces and the capability and capacity of the needed to identify what was the irreducible core of our prison’s management team. Benchmarking promotes and work, the essence without which we would not longer be enables problem solving. a public sector Prison Service. In crude terms this boiled down to ‘make or buy’ decisions. This involved identifying ‘Every contact matters’ which services in a prison we should ‘make’ — that is, directly employ staff to deliver; and It is one thing to have a which do we ‘buy’ — that is, let a change process which allows local This sort of change contract for another organisation managerial discretion and increases the positive to deliver. We are in the middle of ownership, another that this a continuum at one end of which means it will deliver what is most life-chances of (where we were many years ago) important in prisons: not just where we directly employ staff to decency, safety and security but an prisoners and best deliver almost all the services engagement with prisoners which protects the public by involved in running a prison. At the potentiates change of the sort other end of the continuum, at which the body of research on reducing the risk of least hypothetically, we could desistance underpins. This sort of outsource the delivery of all change increases the positive life- harm prisoners services and leave the governor as chances of prisoners and best present to themselves a super contract manager. We protects the public by reducing the recognised the irreducible core as risk of harm prisoners present to and others in custody being defined by the role of prison themselves and others in custody and after their officers perform, not as and after their release. Central to operational supernumeraries but the achievement of this ambition release. as central to establishing and are the relationships between staff sustaining a high quality of prison and prisoners. We have always life. But we recognised too — and known this but now we have a much better devised in the new methodology we used in determining understanding it. When about 25 years ago Ian Dunbar the number of prison officers we require to ensure safety, articulated the notion of ‘dynamic of security’1 — a decency and security — that we had to break free from concept of security based upon more than procedures the constraints a very traditional, task-oriented approach and hardware, critically dependent on engaging prisoners to ‘profiling’ work and staffing it imposed. not only as fellow human beings and by providing them We also recognised — another blinding flash of the with a purpose and with something to do in prison — we obvious you might well think — that in addition to having all instinctively knew what was meant but the means to to have a more flexible approach to deploying and achieving this weren’t that clear. Hence in part we coined managing prison officers, we needed to integrate their the term ‘prison craft’, to denote the collection of work with those of every other person — member of staff interpersonal skills and landing know-how which make or contractor — who works with prisoners. The all the difference. unhelpful, at times even tribal demarcation of uniformed The difference now is that due in no small part to the and non-uniformed staff needed to go. We have too illuminating research Alison Liebling, Ben Crewe and often paid lip-service to ‘multi-disciplinary’ team working,
1. Dunbar, I. (1985) A Sense of Direction, London: Home Office. 2. Liebling, A., Hulley, S. and Crewe, B. (2011), ‘Conceptualising and Measuring the Quality of Prison Life’, in Gadd, D., Karstedt, S. and Messner, S. (eds.) The Sage Handbook of Criminological Research Methods. London: Sage; and Crewe, B., Liebling, A. and Hulley. S. (2011) ‘Staff culture, the use of authority, and prisoner outcomes in public and private prisons’ Australia and New Zealand Journal of Criminology 44(1) 94–115.
16 Prison Service Journal Issue 211 and we have also tended to understand — being as we prison officers can play in potentiating change in are part of the Prison Service monolith — that partnership prisoners. was essentially a ‘master/slave’ relationship. The The role of the governor as leader and the partnerships we established with MITIE, Working Links supporting role of his or her management team — not and Shaw Trust in the course of the prison competition just the senior managers but every manager — is crucial disabused us of this and to be fair the best arrangements to enabling prison officers and all staff to perform their governors around the country have established for roles best. At a time of great change particularly this working well with education and health providers has also aspect of the governor’s role is important to stress. shown the way forward. This forced us to think again The leadership role depends upon personal visibility about how the work of prison officers could form the — not just of the governor which is crucial — but all foundation of new operating model. The outcome was managers. This visibility enables leaders to model more than the slogan ‘every contact matters’ but a behaviours and to communicate their expectations so that commitment to integrate the work of officers with all high standards become ‘givens’. Visibility isn’t one-way those who deliver services in a prison. This was the basis communication, it’s about listening as well as telling, and of our ‘whole prison approach’ and key to it was what we it’s about asking probing questions — this is a sure way of learned from how the best prisons operate which is what avoiding what Anne Owers tellingly termed the ‘virtual the body of the Cambridge research reveals. prison’ which exists in the mind of the governor.3 This We used the term ‘Every Contact Matters’ because it visibility is about setting the tone and gauging and neatly encapsulated the idea that however small or influencing the culture of a prison. Every contact in the fleeting, experience and the performance of this aspect of the desistance research shows that leadership role really does matter. even the most common day-to- Personal visibility builds staff day interactions between everyone . . . even the most confidence, it helps reinforce the who works in a prison and common day-to-day best behaviours and challenges the prisoners can and do make a worst. If the governor does this, it difference. Importantly, altogether interactions between legitimises all managers doing this, if each of these contacts is positive, everyone who works and if all managers do this the their cumulative impact can be effect becomes powerful. profound. They make a difference in a prison and Secondly, leadership requires to the tone and culture of attention to ‘housekeeping’ institutional life which becomes prisoners can and do matters — not just cleanliness but self-perpetuating: when positive make a difference. orderliness in terms of this helps not only promote safe, accountability for the roll in the decent and secure conditions but workshop, in visits, on the landing potentiates the benefits which and on the exercise yard — and ‘what works’ literature shows that the delivery of services lack of clutter and timeliness. This is also orderliness which which meet prisoners’ criminogenic needs can realise. We attends to the small details of prisoners’ lives. This use the term ‘Every Contact Matters’ to denote the attention to ‘housekeeping’ will have also impact touchstone of the effective working practices within positively on prisoner behaviour and staff morale. While teams of staff, between teams of staff, and with and too much attention to detail can lead you to get lost in the between individual members of staff and prisoners. And weeds, too little leaves a leader exposed. it models behaviour which in turn influences how Thirdly, the leadership role which enables and prisoners behave for the better. The idea provides the sustains the crucial role of officers and staff who work focus for everyone who works in a prison: it is the directly with prisoners, requires the governor to currency of our interaction amongst everyone who lives communicate key messages clearly and consistently. and works in the prison; and it is the currency of our While the accessibility and immediacy of modern interaction with visitors and the wider community. So it communication can facilitate, it can also too easily really is more than a slogan, and it is underpinned by the confuse not least by providing such a plethora of leadership role governors and their management teams information that key messages get lost. If leaders do not perform in meeting the challenges of ‘contraction in an provide clear messages about collective purpose and what age of expansion’; and, the findings of the research is important, misinformation will too easily fill the void. In Cambridge University has conducted into the the context of ‘contraction and expansion’ and in characteristics of the best prisons and the key role that managing competing demands, the need for clear
3. Owers, A. (2007) Imprisonment in the twenty-first century: a view from the inspectorate in Jewkes, Y (ed) Handbook on Prisons Cullompton: Willan p.1-21.
Issue 211 Prison Service Journal 17 communication is even more important. The modeling them. These dimensions are very important in communication aspect of the leadership role is perhaps the statistically derived models of prison quality — they most important in such times in providing a rationale for are the main contributors to the ‘weight’ (the what’s happening. So in addition to providing direction ‘psychological burden of imprisonment’), the overall and clarity about the four or five things which are most quality of prison life and the ‘personal development’ of important and which are linked to values, the leaders prisoners. must communicate an explanation. While the ‘what’ is So you can see why if you have to place officers at clearly important and the ‘how’, leaders need to convince the core of your operating model; and this is why we have on the ‘why’ too. included in the role for prison officers a responsibility as It may sound a little glib to suggest that the ‘offender supervisors’ in the broader ‘offender leadership role is simply about being visible, attention to management’ model and in the delivery of some detail when it matters and being a good communicator programmes. Both these elements of the prison officer — and I recognise that the managerial challenge role anticipate the changes which the reforms of governors face is more complex — but these features are probation will bring about, not the least significant of key to enabling the work of prison officers which which for prisons will be the ‘out-sourcing’ of what are Cambridge research has shown can be crucial in enabling referred to as ‘through the gate’ services. The probation prisoners to change their lives. reforms are a fundamental change to the criminal justice In developing the thinking for the bids, which system. In the diversification of provision we are making underpins the benchmarking approach, we discussed in prison officers central not marginal to the reforms. This is detail with Alison Liebling and Ben Crewe at Cambridge particularly given the opportunity our competitors in the implications of their findings. Probably the most running prisons will have to provide outsourced probation important one of which was that staff professionalism, services too. and the professionalism of officers in particular, is an While the Cambridge research identified that public under-appreciated strength of public sector prisons. As or private operation of prisons is not the most important Liebling herself put it: variable in determining prison quality, it does suggest that the public sector potentially possesses greater strength. What is distinctive about prison officer work is The public sector has an advantage over most private that it is based on, or requires, a sophisticated, sector prisons in the key area of ‘professionalism’, mainly dynamic and often subtle use of power, because our officers tend to be more experienced and through enduring and challenging relationships more confident in performing their role. Hitherto we have which has effects on recipients. This is highly underestimated this. What benchmarking seeks to do is skilled work. Competence in this area — in the to make proper provision and to enable ‘a model of prison use of authority — contributes most to prisoner officer work that is confident, authoritative and pro- perceptions of the quality of like in, or moral active’.6 It boils down to this: performance of, a prison.4 benchmarking is founded fundamentally on the need to ensure safety, decency and security; The comparative study of two public sector and two private sector prisons confirmed earlier research findings but even at a time of major resource contraction and that the way prison staff use their authority makes a huge at a time when there is an expansion of the role of difference to the quality of a prison.5 The study identified our competitors we are able to do more than deliver the ‘professionalism’ of officers as comprising ‘staff the baseline requirements of safety, decency and professionalism’, ‘bureaucratic legitimacy’, ‘fairness’ and security; ‘organisation and consistency’. These dimensions we can expand the scope of our achievement by represent the key aspects of the ‘craft’ of prison work. making public sector prisons the best on any They shape the way it is carried out and they involve measure but particularly in potentiating change in indeed require a general expertise — communication and prisoners, other skills — and experience; and they also involved which will make public sector prisons principled, internalised as well as organisational values — hence the purposeful and all who work in them rightly proud. importance of the role of leaders setting this out and
4. Liebling, A (2011) ‘Distinctions and distinctiveness in the work of prison officers: Legitimacy and authority revisited’, European Journal of Criminology 8(6): 484-499. 5. Liebling, Crewe and Hulley (2011) see n.2. 6. Ibid.
18 Prison Service Journal Issue 211 Perrie Lectures 2013 A Convict Perspective Dr Andy Aresti is a lecturer at University of Westminster. He is a former prisoner.
Context commonly neglects the perspectives and ‘real life’ experiences of their participants. Typically, these When considering ‘Contraction in an Age of experiences are explored through pre-conceived Expansion’ in criminal justice and more categories and concepts, and broader misguided specifically, prisons, I contextualised it in my positivist research frameworks that serve to constrain experiences and understandings of prison. So my ‘prisoner realities’ and mute the voice of the ‘prisoner’. interpretation is informed by my personal This discrepancy between the ‘lived realities of experience of prison, my academic knowledge, my prison’ and the academic knowledge is neatly captured consultancy work/research in prisons, and one of by Richards and colleagues in a book chapter aptly my current projects, namely British Convict entitled ‘Prisons as seen by Convict Criminologists’.6 Criminology (BCC). BCC is an academic group consisting of ex-con academics, and non-con We [the authors] never volunteered to academics, who share a similar critical perspective become experts on prison. Our expertise is the on crime, prisons/prisoners, the criminal justice result of 40 years in prison, combined with system, and corrections/rehabilitation. Some of extensive academic training that came our work involves direct correspondence with later…..we struggle to reconcile what we serving prisoners and former prisoners studying experienced with the more benign accounts criminology or its cognate disciplines.1,2,3 of prison life appearing in most criminology Whilst BCC is a recent conception, its intellectual and criminal justice articles and books. and theoretical foundations are rooted in the well- established Convict Criminology perspective. Convict In many respects, this resonates with my Criminology is a branch of criminology that emerged in experience, although for me the discrepancy between the United States in 1997. It was founded by former my lived experience and academic accounts is as equally prisoners, turned academics, who were dissatisfied and pronounced in life after prison, living with the label ‘ex- frustrated with the absence of ‘prisoner voices’ in offender’; a label that still has significant implications research on criminal justice issues. Led by former for me in the present. This is the case for many other prisoners, it is a controversial perspective, which former prisoners I have spoken to. In some contexts challenges the way in which crime and correctional there is little if any distinction between your former problems are traditionally represented and discussed by status, ‘offender’ or ‘prisoner’ and your current one, researchers, policy makers and politicians. It approaches ‘ex-offender’ or ‘former prisoner’. In the eyes of many existing practices, research and political commentary in this distinction does not exist, you are as Johnson the US with a critical lens that is not only informed by articulates ‘morally contaminated’.7 So I use the term personal experiences, but underpinned by these ‘prisoner’ in its broadest sense here, to include those experiences.4,5 Therefore, Convict Criminology by its that despite leaving prison, still live with ‘the ghosts of very nature privileges the ‘insider perspective’, a voice their pasts’. typically excluded in academic criminology. Like other Based on these experiences, the experiences of disciplines studying the nature of human behaviour and other ‘prisoners’ and subsequent discussions with two social life (in particular psychology) criminology other academics, Sacha Darke and Rod Earle, the idea
1. Aresti, A. (2012). Developing a Convict Criminology Group in the UK. Journal of Prisoners on Prisons: Volume 21, Number 1 & 2: A Special Issue Commemorating the 15th Anniversary of Convict Criminology. 2. Earle, R. (2011). Prison and University: A Tale of Two Institutions. Papers from the British Criminology Conference. The British Society of Criminology, Vol 11: 20–37. 3. Aresti, A., Darke, S., & Earle, R. (2012). British Convict Criminology: Developing critical insider perspectives on prison. Inside Time, August 2012: 26. 4. Jones, R. S., Ross, I. R. Richards, S. C., & Murphy, D. S. (2009). The First Dime. A Decade of Convict Criminology. The Prison Journal, vol. 89, 2, 151–171. 5. Ross, J. I., & Richards, S. C. (Eds.) (2003). Convict Criminology: Belmont, California: Wadsworth. 6. Richards, S. C., Lenza, M., Newbold, G. Jones, R. S., Murphy, D. S., & Grisby, R. S. (2010). In Martine Herzog-Evans (Ed.) Transnational Criminology Manual Vol.3, (pp.343-360) The Netherlands: Wolf Legal Publishers. 7. Johnson, R. (2002). Hard Time (3rd ed.). Belmont, CA: Wadsworth.
Issue 211 Prison Service Journal 19 of establishing a Convict Criminology group in the UK Despite this negative view, I would like to say that evolved. Critical to its conception, was a growing I have met some very dedicated, helpful and supportive awareness that there were others like ‘us’; individuals prison staff whilst serving time, and when doing that had served time, and had made the all-important research in prisons. One person particularly sticks in my shift in to academia, or were on the way to achieving mind; the head of the education department at HMP this. Through our teaching and personal involvement or Pentonville back in the 1990’s when I was a serving contact with NGO’s working in the criminal justice field, prisoner. She went out of her way to support me and we were becoming increasingly aware that more and facilitate my educational development. Whilst I can’t be more ‘prisoners’ in the UK were studying for degrees in certain, I believe that if it wasn’t for her I wouldn’t be criminology or its cognate disciplines, or were engaging standing here speaking to you today, and I may well in post graduate study. Some were doing masters, and have not pursued a career in academia. That woman is a few doing PhD’s. This generated the belief that there very special and will always have a place in my heart. was a need to establish a Convict Criminology group, I have also come across resettlement teams in over here in the UK. This notion developed into a reality prison that demonstrate similar traits, working very when BCC emerged in 2011.8 hard, and with dedication to help those imprisoned. At present, BCC is growing with momentum and is Unfortunately, most if not all work under the beginning to establish itself within criminology as constraints of a risk adverse prison culture and out of distinct from our US touch senior level officials, as well counterparts. Whilst we share as having to work with limited many of the same principles and As we are all aware resources. intellectual/theoretical foundations with the US group, the last few Introduction there are some significant decades or so, has differences, particularly in terms As we are all aware the last of localised understandings and seen a dramatic few decades or so, has seen a experiences of crime, prisons, dramatic increase in the prison resettlement and criminal justice increase in the estate and prison population. issues. Nevertheless, like many of prison estate and Current discourses around the US Convict Criminologists I increasing the capacity of the share the view that we need to prison population. prison estate, specifically, in the develop humane, effective and form of Titan prisons, mini Titan cost efficient prisons that are prisons, and prison clusters serve used sparingly. We also need to utilize and integrate to reinforce this trend. Interestingly, prison has become ‘prisoner voices’ in our academic understandings of an attractive alternative to more productive ways of crime, prisons, and ‘rehabilitation’ initiatives and dealing with crime;10,11 a trend we have arguably strategies, as well using this voice to inform policy that adopted from the USA, which currently boasts a prison impinges on the life of the ‘prisoner’ in prison and population of around 2 million, and shows no real signs thereafter.9 of waning. In the US, expansion not only manifests Given all that I have said so far, you probably won’t itself in the growth of prisons, both structurally and in be shocked to hear that my perception of prisons is terms of capacity, but also in terms of more punitive quite negative, and moreover quite critical. For me penal policy and a shift to privatisation; an increased ‘expansion’ generates an image of the continual involvement of the private sector in service delivery and growth of the prison estate and the prison population, the ‘running’ of prisons. In this sense, expansion means and a shift to a broader involvement of the private the growth of prison as a business with fruitful sector in the provision of services within the prison economic gains.12,13 complex. In contrast, contraction generates an image of When considering this growing trend for a lack of resources and funds within the prison system, expansion in its various guises, I question the impacting on prison conditions and initiatives or implications this has for society. Expansion is a net strategies that can facilitate desistance. widening process involving the growing criminalisation
8. Aresti, Darke, & Earle (2012) see n. 3. 9. Richards, Lenza, Newbold, Jones, Murphy & Grisby (2010). See n. 6. 10. Prison Reform Trust (2013). Bromley Briefings: Prison Fact File. London. Prison Reform Trust. 11. Scott, D., & Codd, H. (2010). Controversial Issues in Prison. Maidenhead, Berkshire: Open University Press. 12. Brewer, R. M., & Heitzeg, N. A. (2008). The Racialization of Crime and Punishment. Criminal Justice, Colour-Blind Racism, and the Political Economy of the Prison Industrial Complex. American Behavioral Scientist, Vol 51, 4, 625–644. 13. Christie, N. (2000). Crime Control as Industry: Towards Gulags, Western Style (3rd ed.). London: Routledge.
20 Prison Service Journal Issue 211 of particular populations in our society: the most release reinforce this.17 And even here we need to be disadvantaged, the marginalised and the most cautious, as reconviction rates are a crude measure of vulnerable.14 Indeed, a tour of most prison wings in the reoffending, and in reality reoffending rates are likely to UK will demonstrate the disproportionate be considerably higher. representation of these cohorts in the prison Considering this poor rehabilitative success, I population. Interestingly, this is a mirror image of what question the current drive for ‘prison expansion’ and is happening in the US penal system. And whilst the government’s agenda, specifically its discourse contentious, the growing criminalisation and around the ‘rehabilitation revolution’. In my view, this imprisonment of these particular cohorts may serve to ‘drive’ underscores an alternative agenda; crime, divert our attention from the real underlying social punishment and prisons are very powerful political tools issues rife in our communities.15 Expansion can only that not only feed into social anxieties regarding crime serve to antagonise these issues. and prisons, but arguably heighten these anxieties via Such concerns were common place when I was in amplification and exaggeration18 of the ‘crime and prison in the 1990’s. Penal prison problem’. Of course this is reformists were becoming a contentious area and increasingly concerned with the standpoint specific, and maybe a rising prison population and the If indeed prisons are little provocative, yet surely it is implications this has for the primarily a means of difficult to contest that being people living inside them and ‘tough on crime’ and introducing society. This was clearly retribution and tougher penal policy is directly articulated by penal reformist in related to political favour. And statements like ‘the prison incapacitation then arguably this cyclical process population is peaking at 64,000 clearly expansion underlies the drive for expansion, and is on the increase’, ‘prisons and consequently a drive towards are human warehouse’s’ and makes sense. privatisation. Prisons are not only ‘prisons are universities of crime’. a means of social control they are Disturbingly, since then the However, if they are also a big business, and the prison population which is equally a place for privatization of services and currently simmering at just below prisons provide fruitful pickings 85, 00016 has increased by nearly ‘rehabilitation’ then for those motivated by economic 20,000 in 15 years. If this trend expansion is gains. continues, my own crude The idea of prisons as a projections suggest that in fifty problematic. business exploiting an expanding years, the prison population market fits neatly into current could potentially be over 140, criminal justice ideology, which 000. typically works within a ‘managerialist’ framework that is overly concerned with the cost effective and efficient The problem with expansion running of the criminal justice system, rather than with the root causes of crime. Consequently, prisons are ‘Contraction in an Age of Expansion’ should be primarily concerned with security, ‘risk management’ understood in a broader context. Considering and control and so ‘rehabilitation’ is a secondary expansion without questioning the purpose of prisons concern. Rehabilitation (encouraging desistance) is is illogical. If indeed prisons are primarily a means of incompatible with the business objective of growth. retribution and incapacitation then clearly expansion Arguably it is also undermined by an over-emphasis on makes sense. However, if they are equally a place for security and minimising risk. The government’s agenda ‘rehabilitation’ then expansion is problematic. In a sense ‘transforming rehabilitation’ has its roots in right wing these concepts are contradictory; retribution and ideology, which privileges punishment and ‘efficient rehabilitation are a toxic mix. This is apparent management’ so it is difficult to see how a rehabilitative historically and in the present where prison has model can work under these conditions. In fact, whilst demonstrated little rehabilitative success. Exceptionally ‘rehabilitation’ was firmly rooted in prison ideology in high reconviction rates within the first two years of the 1960’s and 70’s, limited success shifted the focus
14. Waquant, L. (2008). Urban Outcasts: A Comparative Sociology of Advanced Marginality. Cambridge: Polity. 15. Ibid. 16. Ministry of Justice (2013). Monthly Population Bulletin, March 2013. London: Ministry of Justice. 17. Prison Reform Trust (2013) see n. 10. 18. Cohen, S. (2002). Folk Devils and Moral Panics. Abingdon, Oxon: Routledge.
Issue 211 Prison Service Journal 21 from ‘what works’ to ‘nothing works’ in the 1980’s and achieve results. In-effect this means that individuals that mid 90’s. As a result the administrative approach gained really need help and support, or are the hardest to dominance, putting aside the rehabilitation agenda, reach are likely to suffer from little or poor service and pushing forward a ‘managerial approach’, which is provision. Arguably, the privatization of services will more concerned with effective management, security, confound this problem further. Whilst not to discredit surveillance, prevention and control. The emergence of those working within the private sector, many who a crime science in academia, anchored in this have undoubtedly got a ‘conscience’, the ethos in the ‘managerial approach’ clearly demonstrates this shift. private sector is business orientated and therefore This ‘managerial approach’ is reflected in a ‘risk primarily motivated by economic gains, rather than adverse’ prison culture, where the focus on ‘risk guided by ethical or moral duty. management’ and control comes with a human cost, Relative to this and other issues discussed, a the prisoner’s personal development; a lack of trust and consequence of prison expansion will be a dramatic rise personal agency, along with an inability to take in short term sentenced prisoners; more prisons or personal responsibility and little in the way of bigger prisons and increased capacity, will make prisons rehabilitative strategies, an even more attractive option collectively work to constrain when dealing with ‘minor many attempts to implement . . . the ethos in the offenders’. Yet, as articulated by personal change. This highlights numerous penal reformists that is the pragmatic incompatibility of private sector is Prison Reform Trust, the Howard two very diverse and competing League, there are a variety of working models in the ‘reducing business orientated difficulties and obstacles when reoffending’ arena. At present and therefore attempting to engage this prisons typically work under a particular cohort in rehabilitative ‘Risk-needs’ model19 which is primarily motivated strategies or initiatives. Service deeply rooted in the ‘risk adverse’ by economic gains, providers are unable to effectively prison culture. Here the prisoner’s work with short term sentenced potential risks for reoffending are rather than guided prisoners. Considering this, identified and these risks are together with the cost of reduced by trying to meet his or by ethical or imprisonment, few could contest her needs. However, this is moral duty. the idea that valuable resources problematic as the individual is are wasted in this instance. arguably perceived as a set of risk factors, rather than human, which is in stark contrast to The challenges of negotiating a law a ‘Strengths based’ model, which is anchored in abiding identity desistance theory, and focuses on the individual’s strengths and other attributes, that can facilitate self- The psychological implications of imprisonment are change and desistance.20,21 Whether such a model is well documented (e.g. The Pains of Imprisonment)22 conducive to a prison environment is questionable. and can manifest themselves in a variety of ways Set within these current ideological and cultural including feelings of isolation, loss of self/identity, frameworks, ‘expansion’ (of the prison estate and its psychological trauma, negative self-conceptualisation capacity) can only serve to hinder attempts to use more and experiences of dehumanisation. progressive rehabilitation strategies or initiatives. The Despite these negative psychological experiences, clear lack of resources and funds in the prison complex we as a society have very high expectations of people intensifies the problem, as does the additional burden leaving prison, expecting them to be crime/deviant free, of government proposed financial cutbacks. Moreover, and to be ‘model’ citizens. This is despite many recently the new payment by results (PBR) initiative in my view released prisoner’s having to make a psychological will only amplify this problem. Service providers will be adjustment to life on ‘the out’ and trying to negotiate a under even more pressure to perform and meet targets, competitive market that lacks opportunities and and to provide evidence of reduced reoffending. resources. Yet in addition to these barriers and the Consequently, this will have a human cost as arguably presently dire economic climate, many former prisoners certain ‘model’ prisoners will be targeted or ‘cherry also have to negotiate a ‘spoiled identity’ or their picked’ as they will assist the service providers to ‘stigmatised ex-offender status’ which further
19. Andrews, D. A., & Bonta, J. (2003). The Psychology of Criminal Conduct, (3rd ed.), Cincinnati, OH: Anderson Publishing. 20. Maruna, S. (2010). Understanding Desistance from Crime. London: NOMS. 21. McNeill, F. (2006). ‘A desistance paradigm for offender management’. Criminology and Criminal Justice, 6, 39–62. 22. Sykes, G. (1958). The Society of Captives: A study of a maximum security prison. Princeton, NJ: Princeton University Press.
22 Prison Service Journal Issue 211 confounds their opportunities, as a custodial conviction no.) a ‘morally contaminated’ ex-con. Of course I am significantly reduces this cohort’s life chances.23,24 not alone, and many former prisoners have to live with Moreover, current legislation (ROA, 1974; Enhanced the damaging effects of the ‘label’. Yet arguably, I have Disclosures Act, 1996) endorses this as these acts serve served my time, and paid my dues, yet I am still being to limit and constrain legitimate employment punished, or as I describe it I am ‘doing time after time’. opportunities. So in-effect, prison expansion will result In many respects, you learn to deal with these in more people being imprisoned, and consequently issues, and even the derogatory comments made about more people being released into society with reduced prisoners, or ex-offenders by those (often life opportunities, psychological/mental health issues friends/colleagues) who do not know about my past. and further marginalisation. However, what is hard to deal with is that someday I One of the main problems with prison is that it will have to tell my children about my past. This of does not, and cannot really prepare you for life after course pains me and is a constant source of tension. I release. At the very best, and this is an ideal, prison may fear that they may find out prematurely, before they are be able to help with the re-entry phase of resettlement, old enough to understand, or that others (e.g. friend’s by meeting your basic needs that is help with housing, parents) will find out about my past, and then employment, benefits, dealing with addiction issues stigmatise/marginalise them as a result of my past. The etc. However, in terms of long following anecdote provides an term resettlement or desisting example of this tension. from crime there is little Due to the nature of my professional support. Desistance One of the main work, I exist in cyberspace and for most is a long term process, problems with details of my colourful past are whereby the intensity and there for all to see on the frequency of crime decreases prison is that it does internet. The other day at home, over a prolonged period of time. my 12 year old daughter was on This involves a gradual not, and cannot the Ipad and googled my name, psychological and behavioural really prepare you telling me as she was doing it. I transformation and a shift from a instantly panicked and was ‘criminal’ identity to a more pro- for life after release. consumed with a fear of being social or ‘law abiding’ identity.25 ousted, and so flew across the Yet whilst academically we are room and grabbed the Ipad, to aware of this, we do not have procedures or systems in her bewilderment. In an agitated state, I asked her what place to accommodate this. This is particularly evident she saw and what was said about me. Fortunately she when considering the high rate of licence recalls for was none the wiser, but since then my fears have minor misdemeanours. intensified, because I might not be there the next time. Importantly, not many people really understand I guess my point here is this, prison expansion will the challenges and obstacles you face when having to result in more people having to deal with and negotiate negotiate your ‘spoiled identity’ and the implications a ‘spoiled identity’ on release from prison. As I have this has for your self-esteem and sense of self. Despite articulated, this is not easy and has a number of the dramatic changes I have made in my life, as noted, implications for how one perceives the self. For those I still live with the stigmatised ‘ex-offender’ status, even that can successfully negotiate the stigmatised identity, though I left prison nearly 15 years ago. I still find that desistance is likely to follow. However, as Maruna26 I have to negotiate this stigmatised identity in certain rightly points out, those who are unable to negotiate situations or contexts. For example, I still have to tick this identity are likely to persist with crime. the ‘box’ when asked if I have a criminal record when applying for jobs and in some instances, employers still Conclusion insist that I have a CRB check. So for me there is always this existential tension where on the one hand, I have a In concluding, my first thoughts are why are we PhD, and get to call myself Dr (arguably a pro-social even having this conversation? Expanding an already identity), and on the other, I am still PC1804 (my prison failing prison system that has little rehabilitative success
23. Jones, R. S. (2003). Ex-con: Managing a spoiled identity. In J. I. Ross & S. C. Richards (Eds.), Convict Criminology (pp. 191–208). Belmont, California: Wadsworth. 24. Uggen, C., Manza, J., & Behrens, A. (2004). ‘Less than the average citizen’: Stigma, role transition, and the civic reintegration of convicted felons. In S. Maruna, & R. Burnett (Eds.), After crime and punishment: Pathways to offender reintegration (pp.261–293). Cullompton, Devon: Willan Publishing. 25. Maruna, S. (2001). Making Good: How ex-convicts reform and rebuild their lives. Washington, DC: American Psychological Association. 26. Ibid.
Issue 211 Prison Service Journal 23 does not make sense. We should be engaging with an the contracting of prison labour. The privatisation of alternative discourse; ‘contraction in an age of services/prisons also provides substantial economic reduction’ whereby we are talking about reducing the gains for those motivated by financial incentives, prison estate both structurally and in terms of capacity; despite the ethical implications that is making money and, in its position at the heart of punishing crime. off the backs of some of the most damaged and Admittedly, we do need prisons but they should be vulnerable people in our society. used sparingly, as a last resort. The provision of Therefore whilst contentious, the notion of the alternative non-custodial intervention strategies or prison industrial complex may well explain the real initiatives that are more cost effective should be underlying purpose of prison expansion. This concept provided. This will release valuable resources for a much refers to the rapid expansion of the prison estate and its smaller prison estate whereby intervention strategies population in the US, and the political influence private can be implemented and tailored to accommodate the companies working in this field have in the provision of individual’s needs.27 services and goods. Prisons are not only a big employer Whilst this seems logical to me and many others, they are also big business, so ‘expansion’ is a very good these ideas do not really feature in the dominant way of providing employment and making money. As discourses around prisons and rehabilitation. I question many a critic has articulated, the prison industrial this. Why is prison such an attractive option despite its complex is a ‘self-perpetuating machine’: the lack of rehabilitative success? As noted, prisons are a substantial investment in prisons, ‘correctional’ big business, employing a very large amount of people, facilities, and law enforcement strategies combined both directly (prison staff, service providers, security with the perceived, and unchallenged political benefits etc.) and indirectly (e.g. contractors who develop of crime control have led to policies that ensure that security systems, IT contractors, consultants etc.). They more people are sentenced to prison, thereby creating also use private companies to supply goods (IT systems, more prison spaces.28,29,30 furniture, gates etc.) and provide goods to them that is
27. McNeill (2006) see n.21. 28. Golash-Boza, T. (2009). The Immigration Industrial Complex: Why we Enforce Immigration Policies Destined to Fail. Sociology Compass, 3/2, 295–309. 29. Brewer & Heitzeg (2008). See n. 12. 30. Ross & Richards (2003). See n. 5.
24 Prison Service Journal Issue 211 Perrie Lectures 2013 Does Prison Size Matter? Jason Warr is Programme Manager and Research Co-ordinator at User Voice and a PhD candidate at the University of Cambridge. He was formerly a prisoner.
This paper addresses the topic of ‘Contraction in regenerating the particular Victorian penal fetish of an Age of Expansion’ by exploring the notion of building three giant prisons (2500+) which became Titan prisons and their impact upon staff culture. known as the ‘Titan’ prison plan. These It adapts the notion of ‘diffidence’ to explain staff recommendations came after an extended period of culture and the manner in which this can lead to rapid expansion which had seen the population bloom toxic behaviours that impact on the carceral from a little over 43,000 in the early 1990s to over experience of prisoners, the delivery of core 80,000 at the time the report was being compiled.3 This activities and the safety of all those who inhabit a inevitably led to a situation where overcrowding, rising prison. This is especially pertinent with regard to costs and constraints on effective delivery were recent announcements by The Justice Minister, prevalent and it was posited, largely without evidence, Chris Grayling, about the possibility of future that these ‘Titans’ would ease the burden of large site prisons both in North Wales and, overcrowding whilst at the same time providing a more potentially, within the M25, and the subsequent fiscally efficacious penal estate. Jack Straw, the Minister rating failures of HMP Oakwood and Thameside.1 of the day, and the wider Government immediately The question that immediately presents itself when accepted the proposals (which we now understand to the Titan prison is discussed is: Does the size of the have been predetermined by various political prison really matter and, if it does, in what way? In influences)4 and launched a programme of expansion of some regards the reasoning behind the Titan follows a further 10,500 spaces to increase the operational the belief that a large institution may be able to deliver capacity of the estate of England and Wales to 96,000 services to a greater number for a much lower cost. As by 2014.5 argued below this efficiency-utilitarian perspective This was a position that was reaffirmed by the poses problems for a prison but nevertheless is Government throughout 2008 but which came under attractive to commissioners concerned with fiscal sustained attack and condemnation from all informed constraints. However, with regard to a penal and interested quarters — HMCIP, the Prison Governors establishment designed for human, not to mention Association, the POA, the Prison Reform Trust, the humane, habitation there is a simple answer to this Howard League, and others. All penal commentators, question. Yes, size does matter and bigger is not better. eventually even the Daily Mail, condemned the I approach this subject not just as a researcher, nor proposals and to a certain degree the ‘Titan’ retreated as a former prisoner who was incarcerated between into the background of penal policy. The problem, as 1992 and 2004, but also as a professional working evident from recent MoJ announcements, is that the within the modern prison system. In one regard or proposals never died; they did not ‘melt into air’ as another I have, in the last 20 years or so, either lived, much political rhetoric has a tendency to do, and, like a worked or studied in prisons of varying sizes and spectral hobgoblin, have thus haunted penal discourse structure. All this experience informs me that smaller is ever since. socially, morally and operationally better. This is an In these times of ever diminishing budgets, opinion shared by many of those who have commented benchmarking and constrained service delivery it is no upon this issue since its major rebirth in the mid wonder that the ‘spectre’ of the Titan has re-emerged, Noughties. from the dark recesses of the punitive political mind. In December 2007 the Government published Lord Thus we find ourselves, once again, having to address Carter’s review on prisons2 and, amongst the many the notion of why these Titans, the monolithic recommendations made was the notion of remnants of the ‘Victorian penal imagination’,6 are a
1. NOMS (2013), Prison Annual Performance Ratings 2012-2013, National Offender Management Service: London. 2. Ministry of Justice (2007), Lord Carter of Coles Securing the Future, proposals for the efficient and sustainable use of custody in England and Wales. 3. Berman, G. (2013), Prison Population Statistics, SN/SG/4334, House of Commons Library. 4. Prison Reform Trust (2008), Titan Prisons: A Gigantic Mistake, Briefing Paper, PRT: London. 5. House of Commons (2008), Written responses to MP’s Questions, 6 February 2008: Column 1193. 6. Jewkes, Y and Johnston, H (2007), ‘The Evolution of Prison Architecture’, in Y. Jewkes (ed), Handbook on Prisons, Willan Publishing.
Issue 211 Prison Service Journal 25 bad idea. This of course returns us to the begged intermittent physical battle that so wearies the question posed above: What is wrong with large individual but rather the constant competition and prisons? hostility whereby individuals become inherently The Prison Reform Trust, in its response to Lord mistrustful, wary and rightfully paranoid about their Carter’s report, highlighted four core concerns with fellow competitors. the plans.7 These were: both the widespread and probative depth of concerns articulated from all For war consisteth not in battle only, or the informed and expert stakeholders; the distinct lack of act of fighting, but in a tract of time, wherein evidence for the fiscal and operational efficacy of the will to contend by battle is sufficiently such prisons; that the report was flawed, partial and known: and therefore the notion of time is to predetermined; and that building more prisons was be considered in the nature of war, as it is in an admission of a failing penal policy. Alison Liebling, the nature of weather. For as the nature of the Director of the Prisons Research Centre at the foul weather lieth not in a shower or two of Institute of Criminology, University of Cambridge, rain, but in an inclination thereto of many raised many of the same issues, questioning not only days together: so the nature of war consisteth the evidence for, but also the ideological foundation not in actual fighting, but in the known of, the ‘efficiency-utilitarian disposition thereto during all position’ taken by Lord Carter, the time there is no and the Government of the day, The notion I wish to assurance to the contrary. as well as raising deep concerns (p77-78).10 with regard to the moral introduce to this performance of such discourse is staff It is this state of being which establishments as well as the Hobbes called diffidence — ‘a practical management and ‘diffidence’ and the generalised insecurity and a operational difficulties that consumptive wariness’ regarding would inevitable arise from the manner in which it those with whom one is untested service share/delivery can adversely compelled to co-exist.11 It is from model being proposed.8 this state of diffidence that Like many of the other impact both safety Hobbes eventually predicates the individuals and groups who social contract of base societies echoed and promulgated such and security within — a contract that ensures the arguments, I share these a prison. protection and survival of its sentiments, but wish to add a signatories. Prisons are not States further nail to the coffin of the of Nature in the sense that Titan in the hope that this notion, so attractive to those Hobbes outlined. Nevertheless, they are places of penal profiteers (privateers?) who have littered the hostility, competing interests and matrices of power, Governments of the last 20 years, in the ground once mistrust, wariness, psycho-panoptic surveillance and for all. The notion I wish to introduce to this (everyone watching, evaluating and judging everyone discourse is staff ‘diffidence’ and the manner in which else) and, therefore, justified paranoia. In essence, they it can adversely impact both safety and security within are places where diffidence, in the Hobbesian sense, a prison. not only exists but is also perpetuated. The notion of diffidence is taken from the 17th As described elsewhere,12 diffidence, and its Century philosopher Thomas Hobbes.9 In his seminal alleviation, are major factors in the penal life of text, ‘The Leviathan’, Hobbes posited the idea of the prisoners. However, prisoners are not the only people State of Nature, an imaginary primordial state of who inhabit the prison and who shape, and are shaped existence whereby every person lies in contention, by, the emotional landscape. Staff members are too, either physical or psychological, with every other and as we know from a number of sources (Liebling et person. In this state of perpetual ‘war’, it is not the al 2010,13 Liebling and Arnold 2004,14 Crawley and
7. Ministry of Justice (2007),see n.2. 8. Liebling, A (2008) ‘’Titan’ Prisons: do size, efficiency and legitimacy matter?’, in M. Hough, R. Allen and E. Solomon (eds) Tackling Prison Overcrowding: Build More Prisons? Sentence Fewer Offenders? Bristol: Policy Press, pp. 63-80. 9. Hobbes, T (1651) Leviathan, Edited by Richard Tuck (1996), Cambridge Texts in the History of Political Thought, Cambridge University Press. 10. Ibid. 11. Crewe, B, Warr, J, Bennett, P and Smith, A (in press) ‘The Emotional Geography of Prison Life’, Theoretical Criminology. 12. Ibid. 13. Liebling, A., Price, D. and Shefer, G (2010), The Prison Officer, 2nd Edn, Routledge. 14. Liebling, A. and Arnold, H. (2004), Prisons and their Moral Performance: A Study of Values, Quality and Prison Life, Oxford University Press.
26 Prison Service Journal Issue 211 Crawley 2008,15 Warr 2007,16 etc.) that prison officers prisoners, where staff feel that their numbers have been are just as vulnerable to the negative influences of the reduced to dangerous numbers, where targets and prison environment as are others who inhabit the same fiscal concerns dominate Governing decisions, that the space. As such, uniformed staff are also subject to the state of staff diffidence — that sense of ‘generalised various States of Diffidence that can exist in prisons. insecurity and consumptive wariness’ — is not only What, then, does this have to do with large prisons? most likely to be prevalent and profound but also to It is the conjunction of two factors which make the become ‘toxic’ to the prison environment and corrosive, Titan prison a place more likely to involve higher states in the manner described by Sim,19 to the lives of of diffidence. The first conjunct is the greater likelihood prisoners and wider staff populations. of spatial conditions that are reminiscent of the Proponents of these carceral monoliths have precursor conditions from which Sykes derived the argued that these issues are not relevant because ‘pains of imprisonment’ known as the deprivation of ‘Titans’, in their modern incarnation, are designed security.17 In Sykes’s study, the spatial conditions of the around a cluster model whereby four or five self prison that engendered the greatest losses of security contained prisons, with populations of 4-500, are were those areas where the formulated within one secured formal power of the staff was site. Thus, they argue, these thinnest, or lightest, and where . . . it is my prisons operate, socially if not the malignant aspects of prisoner managerially, as separate entities. power were allowed to dominate contention that, as However, we know that it is or flourish. This could occur in possible, even in overt those areas where staff had less cross cultural situationally controlled of a presence or in those areas influence is possible environments such as this, that where their surveillance did not both intra- and inter-unit cultural penetrate — of course this could between units, influence can still occur.20 also then occur when staff levels Evidence from HMP Oakwood21 have fallen to either a direct or these clustered highlights that when poor design perceived dangerous level. The prisons are just as and corner cutting occur issues second conjunct is the findings of that begin in one block can then Megargee who found that vulnerable as any repeat in other blocks. These population density and the other prison to the examples, and those from other subsequent restriction on such establishments (e.g. personal space is closely influence of staff Mountjoy in Ireland),22 seems to correlated with the conditions in counter the argument made by which disruptive, anti-social and diffidence. Titan proponents and shows that violent behaviour are issues that occur in one unit generated.18 affect the social world of the When these two factors, which together not only other units.I It must be acknowledged that the social compound but also promote the likelihood of a world of such prisons is little studied or understood. negative environment, are coupled with market Nevertheless, it is my contention that, as cross cultural pressures, in which all prisons (either private or public influence is possible between units, these clustered sector) have to perform under ever tightening financial prisons are just as vulnerable as any other prison to the conditions and labour savings, this results in influence of staff diffidence. environments where hostilities, rivalries and resource What of ‘toxicity’ then? It is in this wary, mistrustful competition are heightened. It is my contention that it and paranoid environment that certain ‘toxic’ staff is in such prisons, where there are large numbers of behaviours become apparent. Elaine and Peter
15. Crawley, E. and Crawley, P. (2008), ‘Understanding Prison Officers: Culture, Cohesion and Conflicts’, in J. Bennett, B. Crewe and A. Wahidin (eds) Understanding Prison Staff, Willan Publishing. 16. Warr, J. (2007), ‘Personal Reflections of Prison Staff’, in J. Bennett, B. Crewe and A. Wahidin (eds) Understanding Prison Staff, Willan Publishing. 17. Sykes, G. M. (1958), The Society of Captives: A study of a Maximum Security Prison, Princeton University Press. 18. Megargee, E. (1976), ‘Population Density and Disruptive Behaviour in a Prison Setting’, in A. Cohen, G. Cole and R. Bailey (eds), Prison Violence, Lexington Books. 19. Sim, J (2007), ‘An Incovenient Criminological Truth: Pain, Punishment and Prison Officers’, in J. Bennett, B. Crewe and A. Wahidin (eds) Understanding Prison Staff, Willan Publishing. 20. Wortley, R. (2002), Situational Prison Control: Crime Prevention in Correctional Settings, Cambridge University Press. 21. IMB (2013), Annual Report HMP Oakwood: 24th April 2012 – 31st March 2013, Ministry of Justice. 22. Personal Communication for Governor of Mountjoy Prison.
Issue 211 Prison Service Journal 27 Crawley23 note that cynicism and suspicion can play a radial design coupled with more modern ‘New-Build’ major part in the rank and file of the prisoner officer units, had undergone a number of major changes at body and that when these behaviours dominate the ‘in- the time that I visited (during mid 2012) and had seen group’ (a group of mutually identifying staff members), staff numbers reduced at a time when operationally the they can often perceive themselves as being threatened prison was already somewhat stretched. In all ways, the and besieged. This ‘diffidence’ with regard to the ‘out- prison was an environment where staff diffidence was group’ (usually prisoners, but also sometimes senior rife. On some wings this was manifested in minor toxic management) manifests itself in five core behaviours: behaviours whereby it would be difficult to get staff to first, increasing wariness and suspicion about the engage in the kind of collaborative behaviours that prisoner body that flows and ebbs around them — an make a wing run smoothly — they were officious, issue that is often underpinned by what Sim (2007)24 adopted a ‘computer says no’ attitude and used their refers to as a prevailing discourse power in unpredictable and whereby this stereotypical view arbitrary ways. This resulted in of staff/prisoner relationship has Increasingly, frustration and anger and become ‘normalised’; second, a exacerbated problems of banding together (with common prisoners felt that legitimacy.26 purpose — as with the social they were being However, on other wings contract) and solidification of a there were more serious self interested group identity; pushed to a manifestations. On one of the third, a retreat from the wider wings, staff had banded and spaces to safe (i.e. staff) areas — situation whereby retreated to such an extent that most commonly, in British illegitimate means some of the core duties were prisons, the wing office, where being misconducted — staff feel fortified; fourth, reactive of protest were all applications, mail, visits, phone and aggressive use of formal and that was left open calls, food, kit change (the Prime informal processes of sanction Directives, or core deliverables as designed to pre-empt the to them. This is it were) were all being negatively hostility of the ‘out-group’; and impacted. In some instances, fifth, an increasingly insular exactly one of the these practices were either being outlook that prioritises the precursors that Lord wilfully blocked or neglected. interests and beliefs of the Because of staff diffidence, and banded group and rejects Woolf so aptly its subsequent form of perspectives, interests and beliefs described in his implicatory denial, the concerns that either challenge or counter of the prisoners on the wing those of their own. This last report into the were being ignored because process is related to the notion of they now ran counter to those of what Stanley Cohen25 might well Strangeway riots in the staff, fortified in their wing refer to as a micro-cultural the early 1990s. office. This resulted in bitterness, implicatory form of denial, that anger and a sense of is, a form of cultural behaviour hopelessness amongst the where the negative impact of the group’s prisoners about the possibility of resolving these issues banding/retreat cannot be accepted — or, if the impact by legitimate means. Increasingly, prisoners felt that is perceived,a minimisation and dismissal of its moral they were being pushed to a situation whereby consequences. These toxic behaviours have a sliding illegitimate means of protest were all that was left scale of effects from the rather minor inconvenience of open to them. This is exactly one of the precursors wing life under an un-interested staff right through to that Lord Woolf so aptly described in his report into more serious effects that can impact on the safety of all the Strangeway riots in the early 1990s.27 Thankfully, those who inhabit a prison. events overtook the situation and disaster/disorder To illustrate this point I use the example of one was averted, but if the situation had been allowed to fairly large (1,000+ places) local prison that I shall refer pertain for much longer, the results could have been to as Prison A. This prison, partially a large traditional very different.
23. Crawley and Crawley (2008) see n.16. 24. Sim (2007) see n.19. 25. Cohen, S. (2001), States of Denial: Knowing about Atrocities and Suffering, Cambridge: Polity Press. 26. Sparks, R. J., Bottoms, A. E. and Hay, W. (1996), Prisons and the Problem of Order, Oxford: Clarendon Press. 27. Home Office (1991), Prison Disturbances April 1990: Report of an Inquiry by the Rt Hon. Lord Justice Woolf (Parts I and II), London: HMSO.
28 Prison Service Journal Issue 211 Elsewhere in the prison, a similar situation was retreated and banded in a manner that prevented the being repeated, but what was of particular note was core deliverables from being achieved. On this wing, the manner in which diffidence could impact on staff staff had become aggressively reactive in their use of morale. On one of the wings, morale was very low and authority as a means of bolstering their morale and worsening, as a result of one member of staff having cementing their ‘in-group-status. Hobbes29 discusses been assaulted and subsequently taken a leave of the utility of pre-emptive displays of power and violence absence due to stress. Many staff on the wing felt that for diffident individuals, living within the State of the management did not ‘have their back’ and that Nature. It affords them a means of protection and management decisions were being taken either for the security within an uncertain environment. This is what benefit of prisoners or to save money and make the appeared to be occurring on this wing — any minor Senior Management ‘look good’. They felt that the infraction of the rules (by the ‘out-group’) resulted in conjunction of these two policies made their position sanction, either through the formal systems of IEP and both more tenuous (in terms of both physical and Adjudication, or more usually through informal means occupational safety) and that they were being whereby prisoners would not be unlocked for abandoned in their front line role association, gym or visits or to the dangers of the would be purposefully deprived environment. This impacted of other activities and privileges. negatively on their ontological . . . where crises and Again, this resulted in mounting security which compounded their frustrations amongst the prisoner state of diffidence. Giddens28 change occur and body — who felt that they had argues that there is a thin line trustworthiness and no means of legitimate recourse between the security that an in an environment where any individual can feel when in reliability are thrown complaint resulted in further constrained and predictable sanction. circumstances and the insecurity into question, Elsewhere in the prison, that can occur when those people become another consequence of staff constraints are absent. In a diffidence was emerging. In the situation where the structures ontologically 1980s, Ian Dunbar30 utilised the which underpin and confine an insecure — they no phrase ‘dynamic security’ to individual’s existence is assured describe the best security and then the individual is longer have intelligence gathering practice ontologically secure — they are within the Prison Service. confident in the nature of their confidence in their Fundamentally, this entails direct reality. However, where crises and reality. interaction and engagement by change occur and staff, with prisoners, out on the trustworthiness and reliability are wings. The purpose of this thrown into question, people practice is threefold: firstly, it become ontologically insecure — they no longer have enables staff to get to know, through a process of confidence in their reality. This is how the staff felt on immersion, the prisoners in their care and develop this wing: they had undergone a period of rapid relationships with them — which can provide informal staffing and operational change; cutbacks meant that means for the resolution of problems and wing based they felt that their jobs were no longer secure; and the issues. This lubricates wing life and eases the burdens example of their colleague meant that they no longer and frictions that can beset a wing; secondly, it acts as an felt safe. In essence, they were ontologically insecure. intelligence mechanism whereby staff get to know the Their lack of trust in their operational reality rhythms, rivalries, movements and backstage practices of compounded their insecure positionality (where they the wing, enabling them to avoid, divert or intervene in perceived themselves in relation to other groups and potential hostilities. This occurs by extending, to all bodies within the prison) and their sense of self as well corners of the inhabited spaces, what Goffman31 referred as their diffident state, all of which impacted on their to as ‘surveillance spaces’ where the authority and power morale. of the staff and the establishment are present; and This resulted in a different kind of consequence thirdly, it moves staff away from the kind of reactionary than was noted with the previous wing. There, they had practices that often follow from passive forms of
28. Giddens, A. (1991), Modernity and Self Identity: Self and Society in the Lat Modern Age, London: Polity. 29. Hobbes (1651) see n.10. 30. Dunbar, I (1985), A Sense of Direction, London: HMPS. 31. Goffman, E (1961), Asylums, London: Penguin Books.
Issue 211 Prison Service Journal 29 intelligence gathering — which, due to an over use of That is the major concern with a diffident, and immediate power, can exacerbate the problems of which thus retreated and fortified, staff. They are they have latterly become aware (see above). operationally insecure, reactionary and unable or On the wing in question, this dynamic security had unwilling, to provide adequate protection to those in ceased to exist. Having retreated into the wing office, their care. Any environment that generates, staff had very little notion of what was occurring on encourages or allows diffident staff to exist and then their wing. This of course heightened what Sykes called allows the consequences of that staff culture to the deprivation of security by both removing the become toxic, is to be avoided and condemned. If this mechanism of policing (a staff presence) and can occur in Prison A, a traditional design exacerbating the particular pain of imprisonment that establishment of 1000+ prisoners, how much more derives from increased interaction with other likely is it that similar situations will pertain in much prisoners.32 The prison had an imported gang problem, larger establishments? Even in a clustered model in which street rivalries were imported into the prison, prison, as has been posited by the incumbent yet staff were unaware of which gang members were Minister, it is probable that diffident staff and toxic on their wing, ending up with some high ranking gang practice will occur. How would managers tackle a members from three rival factions being located on the diffident staff, a problem in a traditional prison same landing. This resulted in a number of attacks and layout, in these clustered prisons where the degree retaliatory strikes, involving various forms of weaponry, of separation between the ‘in-group’ of unit staff and leading to injuries to both prisoners and staff. For the the SMT is even wider than in other prison staff on the wing, these incidents came out of the blue constructions? As such, this objection to this but most prisoners had been aware of the mounting particular punitive fetish should be added to the tensions and could have predicted the outbreak of weight of all those others mentioned before and, violence. If the staff had been involved ‘dynamically’, in once and for all, the notion of the Titan prison should the manner outlined here, then they too would have be buried, the dust thrown atop, and the Titanic been able to see this coming and taken steps to prevent Hobgoblin exorcised from future penal discourse. it from occurring.
32. Sykes (1958) see n.17.
30 Prison Service Journal Issue 211 Perrie Lectures 2013 Prison Contraction in an Age of Expansion: Size Matters, but does ‘New’ equal ‘Better’ in Prison Design? Yvonne Jewkes is Professor of Criminology at the University of Leicester.
Introduction good behaviour among prisoners could be maintained with the passive instrument of the building itself;1 to With the largest prison in the country — HMP Sykes’ evocative description of the Kafka-like Oakwood near Wolverhampton, run by G4S — architecture and layout of New Jersey State prison in now up and running, and plans for a new ‘super- the mid-twentieth century.2 In 1961 a special issue of prison’ in Wales, it seems that ‘Titan’ prisons (or British Journal of Criminology was devoted to prison something very close to them) are firmly back on architecture but, subsequently, criminological the agenda. Along with new accommodation scholarship on prison design has been sparse and planned at HMP Parc in Bridgend, HMP largely historical, focusing on the 18th/19th century Peterborough in Cambridgeshire, HMP The Mount ‘birth of the prison’. More recent studies introduce in Hertfordshire and HMP Thameside in London, themes including: discourses of legitimacy and non- an extra 1,260 places are to be added to the legitimacy security; therapy; compliance and neo- custodial estate. At the same time, 2,600 old paternalism; prison size, quality of life and ‘healthy’ places will be lost through the closure of six prisons; normalization; the depth, weight and tightness prisons and partial closure of three other sites; a of imprisonment; the resurgence of the doctrine of less capacity reduction which, it is hoped, will save £63 eligibility; and the Prison Service Instruction that prisons million per year. Among the prisons to be must meet a public acceptability test. mothballed are Shrewsbury (originally built in However, somewhat surprisingly, these studies 1793 and redesigned in the 1880s), Canterbury have not included architecture and design as key (1808) Gloucester (originating 1782 and rebuilt in variables and the most vivid descriptions of their form the 1840s) and Shepton Mallett (on whose site and effects are to be found in prisoner there has been a prison since 1610). It has not yet (auto)biographies. One of the most striking examples is been revealed what these prime sites might be Life Without Parole: Living and Dying in Prison Today, turned into, but one can well imagine that if written by Victor Hassine, a ‘lifer’ in the American converted into apartments with the façades kept system who committed suicide after nearly 28 years intact, they are likely to appeal to the kind of inside, after being denied a parole hearing. His affluent young professionals who stay in the observations about the different prisons he served time boutique hotel housed in the former HMP Oxford. in, which varied considerably in age, size and layout, But is it the case that ‘old’ always means ‘bad’ in tell us much about the effects that carceral design has the prison estate, and does ‘new’ necessarily on its occupants; in fact, Hassine states that many of mean ‘progressive’ or ‘humanitarian’? the crises facing penal systems in the developed world — including overcrowding, violence, mental and Why is the study of prison architecture and physical illness, drug use, high levels of suicide and self- design important? harm — are intrinsically related to the ‘fear-suffused environments’ created by prison architects: Prison architecture and design are under- researched, despite longstanding implicit recognition of To fully understand the prison experience the significance of prison space, which can be traced requires a personal awareness of how bricks, from Bentham’s 18th century idea that prisoner reform mortar, steel, and the endless enforcement of and wellbeing are achieved in part by a simple idea in rules and regulations animate a prison into a architecture; through the mid-19th century belief, as living, breathing entity designed to expressed by the Chaplain/Governor of Millbank, that manipulate its inhabitants… Prison designers
1. Nihill cited in Evans, R. (1982) The Fabrication of Virtue, English Prison Architecture, 1750-1840. Cambridge, Cambridge University Press, p. 323. 2. Sykes, G. (1958) The Society of Captives: A Study of a Maximum Security Prison, Princeton NJ: Princeton University Press.
Issue 211 Prison Service Journal 31 and managers have developed a precise and prison construction. In a sense, the newest prison in universal alphabet of fear that is carefully England and Wales, HMP Oakwood near assembled and arranged — bricks, steel, Wolverhampton, represents the culmination of these uniforms, colors, odors, shapes, and events and processes. Designed by Pick Everard, built management style — to effectively control the by Kier and run by G4S, Oakwood is the largest prison conduct of whole prison populations.3 project in the UK. It is also the cheapest in terms of cost per prisoner. Oakwood accommodates its occupants at More recent developments in penal architecture in a cost of £13,200 per prisoner place per year, whereas the UK can be traced back to the escapes from the average direct cost at Category C prisons is Whitemoor in 1994 and Parkhurst in 1995. The £21,600, and the average overall annual cost per resulting Woodcock and Learmont inquiries and reports prisoner is £31,300. Completed in June 2012, with ushered in a new regime of security and control, three main house-blocks each containing 480 cells, including fortified perimeters, increased use of CCTV together with the associated ancillary buildings, internally as well as externally, strict volumetric control accommodation is currently provided for 1620 of prisoners’ property and a dramatic reversal of policy prisoners. Oakwood is situated adjacent to two existing on many privileges that could be presented by the custodial facilities, HMP Featherstone and HMP media as inappropriately Brinsford YOI. It is designed and conceived indulgences to an anti- constructed as a stand-alone social population. In essence, facility, but with potential to countless everyday procedures, As Drake observes share facilities and staff with the practices and activities were security in new- other prisons on the site, if the introduced, curtailed or changed need arises. Although holding that combined to form insidious build prisons has Category C prisoners, Oakwood and pervasive erosions of risen to a level of has been flexibly constructed so humanity. In fact, Deborah Drake that it can hold higher category argues that the prison is a useful prominence that inmates without expensive retro- barometer for understanding the fitting of security. The result of methods and parameters of state eclipses every other ‘future-proofing’ Oakwood is power and that security within consideration, that it is replete with all the the penal system has run parallel security and control to it rise in prominence in a post including what it paraphernalia one would expect 9/11, risk-attuned and retributive to find in a dispersal prison and society.4 With a growing political means to be arguably feels over-securitised for and public appetite for excessive human. the inmate population it currently punishment to be inflicted on the holds. As Drake observes security ‘worst of the worst’, Drake in new-build prisons has risen to observes that the high-profile escapes that precipitated a level of prominence that eclipses every other these measures were viewed politically as a fortuitous consideration, including what it means to be human. catalyst for change. This nascent preoccupation with repressive An alternative approach structural and situational security as a means of controlling risk coincided with the prison service A prison in Norway, Halden Fengsel, highlights the becoming an executive agency in 1993, and a period of different approach taken to prison design in parts of new managerialism, with performance measures for northern Europe, where the strategic application of prisons and a system of incentives and earned privileges architectural and aesthetic principles to the design of awarded or withdrawn according to prisoners’ new prisons encourages personal and intellectual behaviour and complicity. In addition, in the early creativity, and even a lightness and vividness of 1990s, the introduction of the Private Finance Initiative experience.5 Designers have not only experimented (PFI) enabled awarding of contracts for design, with progressive and highly stylized forms of penal construction, management and finance (DCMF) of architecture but have also designed internal prison penal institutions and, by 2007, warehouse-style ‘Titan’ spaces that explore more open, creative, even playful prisons were being mooted as the way forward in spatial planning. An absence of hard fixtures and
3. Hassine, V. (2010). Life Without Parole: Living and Dying in Prison Today, 5th edition, New York: Oxford University Press, p. 7. 4. Drake, D. (2012) Prisons, Punishment and the Pursuit of Security, Basingstoke: Palgrave. 5. Hancock, P. and Jewkes, Y. (2012) ‘Penal aesthetics and the pains of imprisonment’, Punishment & Society, 13(5) 611–629.
32 Prison Service Journal Issue 211 furnishings, the use of psychologically effective colour to 12 cells share a living room and kitchen which, with schemes, attention to the maximum exploitation of their stainless-steel countertops, wraparound sofas and natural light, and the incorporation of unevenness and birch-colored coffee tables, might be likened to the differing horizons in the belief that distances, shadows display kitchens found in Ikea showrooms (except of a and minimization of spatial repetition ward off higher quality; all the fittings in the prison are solid monotony, are all to be found in these new prison maple and were made in the carpentry workshop at buildings.6 another high-security facility in Norway). Design plays a Halden, a high security facility, is Norway’s second key role in Halden’s rehabilitation efforts. According to largest prison and is set on a 75 acre site in the south of the architect, the most important thing is that the Norway, near the border with Sweden. Halden also prison looks as much like the outside world as possible. represents the first time that interior designers have To avoid an institutional feel, exteriors are not concrete been employed to work on a prison. According to the but made of bricks, galvanized steel and larch; the Norwegian government’s public construction and buildings seem to have grown organically from the property management consultants, in each area (or woodlands. In addition, Halden is equipped throughout ‘zone’) of the prison, different colour palettes make it with state-of-the-art lighting designed to imitate easier to find one’s way around and provide a varied natural daylight (regarded as having a positive effect on and pleasant atmosphere; for example, the colours in inmates’ state of mind, including the reduction of the activity rooms are bright and energizing, while the aggression — and a commodity in relatively short cells are painted in more subdued, soothing shades.7 supply during Scandinavian winters); and none of the While reportedly costing windows anywhere in the prison approximately the same as have bars. In the prison exercise Oakwood, Halden houses a According to the yards Banksy-style murals created maximum of 252 prisoners, as by Norwegian street artist, Dolk, opposed to the 2000 capacity of architect, the most adorn the walls. Oakwood. In some senses they Like Oakwood, Halden has have a similar feel from the important thing is been described as a ‘showcase’ outside and in the public visiting that the prison prison. Both have been used areas and the prisoner reception politically by their governments and induction areas. But looks as much like who have held them up as internally they feel very different the outside world as symbols of their — markedly and as a visitor the overriding different — penal policies and impression of the UK prison is possible. philosophies. While Oakwood that it is predominantly driven by might be considered a model security and control imperatives prison in a country characterized (and achieving these at low cost), while in Norway the by penal excess, Halden may be regarded as an example watchword is ‘normalization’. The family house, where of the Nordic countries penal exceptionalism, a concept prisoners can invite their partners and children to stay characterized by low imprisonment rates, humane with them for a night and the communal living spaces prison conditions and a large number of small prisons, with a high-spec kitchen area separated from the TV many housing fewer than 100 prisoners. According to lounge by a low-level island on which meals can be Pratt,8 ‘the exceptional conditions in most Scandinavian prepared, are the most obvious differences when prisons, while not eliminating the pains of compared to prisons in the UK. The living ‘pods’ in imprisonment, must surely ease them’, while a Halden contain heavy, vandal-proof furniture like their spokesperson for the Norwegian Ministry of Justice has British counterparts, but their domestic spaces emulate stated that what matters most for prisoners and staff in the designs considered by contemporary house-builders Norwegian prisons is to be seen, heard and respected to be most desirable for aspirational family living. as human beings.9 In the Nordic countries, where there The cells at Halden are reminiscent of rooms in has not been the same marked shift of emphasis from student halls of residence with their flat-screen TVs and the welfare model to the punitive, populist penal mini-fridges. Designers chose long vertical windows for model, prisoners are referred to as ‘clients’ and prison the rooms because they let in more sunlight. Every 10 officers as ‘prison carers’ or ‘treatment staff’. Of course,
6. Spens, I. (1994) Architecture of Incarceration, London: Academy Editions. 7. http://www.statsbygg.no 8. Pratt J. (2008) ‘Scandinavian exceptionalism in an era of penal excess. Part 1: the nature and roots of Scandinavian exceptionalism’, British Journal of Criminology, 48(2): 119-137, p. 124. 9. cited in Johnsen, B., Granheim, P. K. and Helgesen, J. (2011) ‘Exceptional prison conditions and the quality of prison life: Prison size and prison culture in Norwegian closed prisons’, European Journal of Criminology, 8(6): 515-529.
Issue 211 Prison Service Journal 33 there are huge differences in crime and imprisonment Halden’s greatest asset, though, may be rates in each country and prisons in many Scandinavian the strong relationship between staff and countries are very unlikely to become overcrowded, inmates. Prison guards… routinely eat meals with all the problems that gives rise to, because when and play sports with the inmates. ‘Many of prisons are full, convicted offenders simply join a prison the prisoners come from bad homes, so we waiting list. These differences arguably reflect a broader wanted to create a sense of family,’ says discourse and moral relationship to groups often architect Per Hojgaard Nielsen. Half the constructed and treated as ‘outsiders’. There is more guards are women — Hoidal believes this routine interaction and less social distance between decreases aggression — and prisoners receive officers and prisoners in Norway than in the UK. These questionnaires asking how their experience in differences in culture are reflected in the training the prison can be improved. There’s plenty of officers receive as well as the structure of their working enthusiasm for transforming lives. ‘None of us environment. In England and Wales the basic prison were forced to work here. We chose to…Our officer training is eight weeks with a focus on goal is to give all the prisoners…a meaningful professional attitudes, interpersonal skills, security, life inside these walls.’ It’s warmth like control and restraint techniques, managing prisoners that, not the expensive TV sets, that will likely and professional standards, have the most lasting searching, diversity, and impact.13 understanding prisoners’ Research on morale, behaviour, including suicide and Once again, this is partially self-harm, substance misuse and leadership, safety determined by size of prison. mental health.10 In Norway, and quality of Liebling and Arnold14 in the UK prison officer training is a two- and Johnsen et al15 in Norway year university accredited degree. prison life all also have found that the humanistic Halden is proud to be called values central to the prison ‘the world’s most humane prison’, indicate that ‘small experience and to forging and the Governor is quoted in is better’. positive prisoner-staff Time magazine (10 May 2010) as relationships are respect, saying ‘In the Norwegian prison humanity, trust and support and system, there’s a focus on human rights and respect’.11 that these are greatly enhanced in small prison The same article notes: environments and significantly undermined in large establishments. Research on morale, leadership, safety [Halden] embodies the guiding principles and quality of prison life all also indicate that ‘small is of the country’s penal system: that repressive better’. Ian O’Donnell has further argued: prisons do not work and that treating prisoners humanely boosts their chances of [G]enerally speaking prisons work better if reintegrating into society. ‘When they arrive, they are small…large prisons need to be many of them are in bad shape’, [Governor] highly regimented and life within them has an Hoidal says, noting that Halden houses drug assembly line quality. Individual needs can dealers, murderers and rapists, among others: quickly become lost in the drive to meet ‘We want to build them up, give them institutional priorities. These are confidence through education and work and dehumanising places where security and have them leave as better people’.12 order are difficult to maintain, vulnerable prisoners become isolated, and the slim Underlining the importance of staff-prisoner chance of reform is further attenuated. To relations that can be facilitated in a prison like Halden, minimise the harms of confinement prisons its Governor also says: must be modest in size.16
10. Arnold, H., Liebling, A. and Tait, S. (2007) ‘Prison Officers and Prison Culture’, in Y. Jewkes (ed.) Handbook on Prisons, Cullompton: Willan, pp. 471-495. 11. http://content.time.com/time/magazine/article/0,9171,1986002,00.html 12. Ibid. 13. Ibid. 14. Liebling, A., assisted by Arnold, H. (2004a). Prisons and their moral performance: A study of values, quality and prison life. New York: Oxford University Press. 15. Johnsen et al (2011) see n.9. 16. O’Donnell, I. (2005) ‘Putting Prison in its Place’, Address to the Annual Conference of the Irish Association for the Study of Delinquency, 5 November, p. 65. Available http://www.iprt.ie/files/putting_prison_in_its_place__ian_odonnell_nov_2005.pdf
34 Prison Service Journal Issue 211 Of course the rationale for building giant prisons is there isn’t much of anything green that hasn’t cost-effectiveness and efficiency, but this seems a very been painted green. Also, the prison has been short-term view based on what we know about designed so that you can never get an recidivism. All countries must decide what is a suitable unobstructed view of anything. Walls keep amount of pain to inflict on individuals defined in getting in the way. relation to cultural discourses — and, putting it crudely, those discourses are dominated by themes of But he also describes his time in a prison built in vengeance and punitive punishment in the US and UK, the 1990s which, on the face of it, would appear to and of welfare, citizenship and rehabilitation in Norway. lend weight to the Ministry of Justice’s view that new, cost effective, modern facilities are the way forward: Looking to the future Albion was an ocean of plush green fields of A new ESRC-funded research study is planned grass with handsome geometric outcroppings which will address these issues.17 With Dominique of earth-toned brick buildings of various Moran (University of shapes and sizes. The Birmingham) I will explore buildings were generously whether it is the case that a With Dominique spaced so that the deep prison is a prison is a prison, green of the grass, the regardless of the way it is Moran (University of proportionate lines of the designed. Is the loss of liberty Birmingham) I will buildings, and the everything? Or, if we think of surrounding cerulean blue of prisons as punishment, not for explore whether it is the sky combined to create further punishment, might we an eye-pleasing and stand a better chance of the case that a harmonious vision of returning prisoners to society as prison is a prison is tranquility that evoked safety reasonably well-adjusted, and relaxation. All of rehabilitated citizens and thus a prison, regardless Albion’s buildings are reducing future prison climate-controlled, well-lit, population numbers if we follow of the way it is spotlessly clean, and color elements of the Nordic model? designed. coordinated. There are Imagine that in some Utopian security cameras everywhere parallel universe we could start and blind spots nowhere. building small, aesthetically pleasing and spiritually There are eight separate housing units of only nourishing prisons at low cost. Would they aid 128 cells each, three separate dining halls, rehabilitation? Are open, colourful, flexible spaces like and two huge recreation yards…Albion is the those at Halden in some senses ‘liberating’? Or do good most comfortable, best designed, most intentions in architecture, design and technology structured, and most attractive prison that I sometimes have unintended outcomes or perverse have ever lived in. It looks and feels like it can consequences? actually work as a rehabilitative prison.18 Certainly ‘new’ does not necessarily mean ‘better’ and the designers behind the new ‘super-prison’ being However, he goes on to dispel the notion that a planned for construction in Wrexham, north Wales prison such as Albion promotes quality of life and has a (starting mid-2014 and due to open in 2017) might be rehabilitative function: cautioned that size does matter in prison construction. According to an artist’s impression published on the In fact it is the least effective prison of all. It is BBC website, HMP Wrexham will continue the design a dysfunctional, mean-spirited facility that model found in recent prison construction in England callously steeps you in despair while it lavishes and Wales; a bland but functional approach which calls you with physical comfort. Albion provides to mind Victor Hassine’s words about Graterford State the inmate a sterile environment with faceless Prison, Pennsylvania, built in 1920s: bells and voices precisely controlling time and movement for no apparent purpose other There are no trees in the great walled fortress than order. It is a place where everyone is of Graterford and very few shrubs. In fact, suspicious of each other and superficial
17. ESRC Standard Grant ES/K011081/1: ‘Fear-suffused environments or potential to rehabilitate? Prison architecture, design and technology and the lived experience of carceral spaces’, www.prisonspaces.com 18. Hassine (2010) see n.3 p. 125.
Issue 211 Prison Service Journal 35 friendliness is all that can exist. It is a place Concluding thoughts where perception is the only reality that matters and where induced poverty is used to A wide-ranging, public discussion about the generate illusory wealth. purposes and impacts of penal architecture is long overdue. Proposals for the building of Titan prisons Hassine’s descriptions of Albion’s sterile, appeared to initiate such a debate. However, warehouse-style environment accommodating an following Lord Carter’s recommendations and a inmate population of 2,300 men, might also be consultation document published in June 2008, regarded as a cautionary tale for those who commission dissenting voices claiming that Titans would be and design future prisons in the UK. Clean, humane monolithic prison warehouses meant that the plans and safe environments are unquestionably desirable for were shelved. Instead, an approach was promised that prisoners and prison staff and factors such as natural would offer small units within a shared secure daylight, aesthetic stimuli and comfort are clear indices perimeter. But now the powers-that-be appear to of quality of life. But at Albion (and perhaps at Halden), have returned to the ‘bigger is better’ approach, the illusory, progressively modern architecture made the seduced by the economies of scale which have ‘hard and gritty daily grind of prison outwardly appear drastically reduced the cost of imprisoning offenders natural and even benign’.19 Hassine compares the at prisons like Oakwood. But has the market society manufactured effect of this environment to that of an forgotten the transformative power of aesthetics in its ant farm: desire for consumption and profit? In most countries rethinking prison design is low The visible order, regularity, and routine of the down on the penal agenda and frequently clashes seemingly content ant farm fails to expose the with public ideas about what prisons should be like, or violence and crushing hopelessness the becomes politically embarrassing to ministers trying to trapped ants are actually forced to endure. prove their ‘tough on crime’ credentials. One of the Albion is …paradoxically more hopeless and few scholars to write about prison design, Iona Spens indifferent than any prison that had ever pointed out nearly two decades ago that unattractive housed me. prisons cost just as much to build as ones designed with a view to aesthetic appeal. She observed that Another consequence of Albion’s combination of more dignified accommodation in an environment warehousing and controlled movement is sharply which facilities movement, interaction and limited inmate social interaction which produces a behavioural change is evidently more conducive to dominance of self-interest over social integration. As rehabilitation and, ultimately, reintegration into more media technologies are introduced into prisons society. Prisons, she said, need to be more than like Oakwood and Wrexham, including in-cell phones, human filing cabinets. But now that the UK is TVs, play stations and video links to courtrooms, fewer following the American model prisons that are cheap opportunities for human interaction become available. to build and effective at keeping prisoners inside them As we know from research, criminal activity is are understandably attractive to the Ministry of sometimes the result of poor socialisation skills, and this Justice, one has to wonder if there are other costs, can be exacerbated by tuning in to personal media and human costs, attached to the new model prisons. The ‘tuning out’ of the prison culture, with vulnerable or MOJ promised the delivery of rehabilitation in the new fragile inmates becoming entirely invisible and unheard, prisons. Is this an achievable goal in buildings that and all prisoners losing out on the benefits of resemble vast, sterile ant colonies? association.20
19. Ibid. 20. Jewkes, Y. (2002) Captive Audience: Media, Masculinity and Power in Prisons, Cullompton: Willan.
36 Prison Service Journal Issue 211 A Study of Prisonization among Danish Prisoners1 Dr Linda Kjaer Minke, Assistant Professor at University of Southern Denmark, Institute of Law.
Introduction process of prisonization resulted in an oppositional attitude towards the prison and its representatives — There is an extensive international literature on the staff. However, Clemmer was mainly concerned socialization into prison culture.2 However, the with the process of induction and paid little attention to topic has not been systematically examined in the changes that inmates may exhibit as they approach Denmark in recent decades despite prison the time of release. conditions having changed significantly: longer Twenty years later Stanton Wheeler re-examined sentences, a higher proportion of foreign national Clemmer’s concept of prisonization and provided an prisoners, more drugs in prison and more gang empirical test of the process. Wheeler found that members3 in prison society. This study seeks to prisoners’ conformity to conventional norms covered an shed light on prison culture in a Danish maximum important aspect of prisonization. He used hypothetical security prison between 2007-2009 asking (1) in conflict situations to develop an index of conformity to what ways are prisoners socialized into prison staff role-expectations. These vignettes were presented culture and (2) in what ways does prison culture in a questionnaire which was distributed among 259 affect the individual prisoner? inmates between 16 and 30 years of age. He also classified inmates into phases or stages of their Theoretical approach sentence and then examined whether conformity to staff role-expectations changed during time spent in Based on his research in a US maximum security prison. Wheeler found two processes in operation. prison, the late American sociologist Donald Clemmer When inmates were classified either by length of time developed the concept of prisonization, which he served or by stage of sentence he found a steady defined as: increase in the proportion who had low levels of ‘The taking on in greater or less degree of the conformity to staff norms. The second process folkways, mores, customs, and general culture of the appeared to be a differential attachment to the values penitentiary.’4 of the broader society: a u-shaped distribution of ‘high By ‘Culture’, Clemmer meant artefacts, norms, conformity’ responses. The trends suggested that language, attitudes toward staff as well as acts and inmates who were soon to return to the community relationships among prisoners. The process of were more frequently oriented to conventional values. prisonization therefore implied acquisition by each Inmates conformed least to conventional standards prisoner of a new view of themselves, their fellow during the middle phase of their sentence.5 Later, inmates, the prison system and wider society. The Wheeler conducted a similar study in the Scandinavian
1. I am most grateful for usefull comments from anonymous referees and I am also grateful to Mary Munro for her comments on earlier drafts. 2. E.G. Bondeson, U. (1968), Argot Knowledge as an Indicator of Criminal socialization in Scandinavian Studies in Criminology, Vol. 2, pp. 73-105; Crewe, B. (2009) Prisoner Society, Oxford University Press, UK; Galtung, J. (1959), Fengselssamfunnet – et forsøk på analyse [Prisoner society – an attempt to analysis], Universitetsforlaget, Oslo; Gillespie, W. (2003) Prisonization, LFB Scholary Publishing LLC, USA; Grapendaal, M. (1990) The Inmate Subcultures in Dutch Prisons in British Journal of Criminology, Vol. 30, No. 3, pp. 341-357; Harvey, J. (2007), Young Men in Prison – Surviving and Adapting to the Life Inside, Willan Publishing, UK; Hayner, N. & Ash, E. (1939) The Prisoner Community as a Social Group in American Sociological Review, Vol. 4, No. 3, pp. 362-369; Irwin, J. and Cressey, D. (1962) Thieves, Convicts and the Inmate Culture in Social Problems, Vol. 10, No. 2, pp. 142-155; Mathiesen, T. (1965) The Defences of the Weak, Tavistock Publications, UK; McCorkle, L. & Korn, R. (1954) Resocialization within the Walls in The Annals of the American Academy of Political and Social Science, Vol. 293, No. 1, pp. 88-98; Ramirez, J. (1984) Prisonization, staff and inmates – Is it really about Us versus Them? in Criminal Justice and Behavior, Vol. 11, No. 4. pp. 423-460; Sykes, G. (1958) The Society of Captives, Princeton University Press, USA; Thomas, C., Petersen, D., and Zingraff, R. (1978) Structural and Social Psychological Correlates of Prisonization in Criminology, Vol. 16, No. 3, pp. 383-394; Ugelvik, T. (2011), Fangenes friheter: makt og motstand i et norsk fengsel [Prisoners liberties: power and resistance in a Norwegian Prison], Universitetsforlaget, Oslo; Wheeler, S. (1961b) Role Conflict in Correctional Communities in Cressey, D. (Ed.) The Prison: Studies in Institutional Organization and Change. Holt, Rinehart and Winston, Inc., New York. 3. In Denmark, gang members and outlaw bikers are defined and registered as such by the police. When an official gang member serves his sentence, he does so in a maximum secured prison in a segregated unit among similar gang members/outlaw bikers. 4. Clemmer, D. (1958 [1940]): 299 in The Prison Community, Holt, Reinhardt and Winston, New York. 5. Wheeler, S. (1961a) Socialization in Correctional Communities in American Sociological Review, Vol. 26, No. 5, pp. 697-712.
Issue 211 Prison Service Journal 37 countries. He found no evidence of a similar u-curve when all inmates are locked in their cell until the next among Scandinavian inmates.6 Neither has subsequent morning at 7 am. All cells are one-man cells. In each research found evidence of a u-shaped distribution section, the prisoners have to share two showers, two between stage of sentence and prisonization.7 toilets, a TV room, a dining room, and a kitchen. There In this study prisonization is defined as: is segregation within the prison: prisoners undergoing drug treatment serve their sentence in special units; and A socialization process in the prison where the members of particular (biker) gangs serve their inmates in prison in varying degrees endorse sentence in another section. Six sections consist of a oppositional norms towards the employees mixed group of inmates serving sentences up to life. and the official prison system they manage As a rule, prisoners receive money to buy their own and represent. food in the prison shop. Prisoners have a right and a duty to occupation through work, education or other According to this definition one may be less or approved activities, during the day between eight in the more prisonized during imprisonment but prisonization morning and three in the afternoon. Prisoners receive involves conflicts with officialdom and opposition wages for this. Due to the Danish principle of towards society. normalization10 all prisoners wear their own clothes and prepare their own dinner. Much leisure time among the A study of prisonization among prisoners in prisoners is about planning, shopping, and preparing Denmark — method and context dinner.11 Prisoners are entitled to visits for at least one hour a week. Visits takes place in separate visit rooms This investigation of the incidence of prisonization and are not normally supervised by staff. Cells are about of prisoners in Danish prisons was conducted from nine square metres and are furnished with a bed, a 2007-2009 using a mix of quantitative and qualitative table, a chair, a refrigerator, and a wash hand basin. methods. The research approach is inspired by Most prisoners rent a TV and PlayStation equipment reflections about and strategies of doing ethnographic from the prison authorities. fieldwork in general and has, of course, taken the The prisoners are male, mainly over 23, having particular setting — a prison — into account. This, for lived in Greater Copenhagen prior to imprisonment. example, means awareness of performance in prison Most of them are serving sentences of over 5 years on society, prison conduct, the importance of prison conviction for drug offences, robbery, homicide and regimes and rules, order and security.8 aggravated assault. The qualitative study took place in a closed prison The ethnographic fieldwork in the prison lasted for with a total of 220 prisoners.9 The prison was built in 13 months (or 148 days or 1090 hours), during which 1859 to a cellular design based on the Philadelphia the prisoners’ everyday life, interaction patterns, System. Nowadays, most prisoners are on association relationships between the prisoners and staff and the during the day. Prisoners who are not on association surrounding community were studied. I carried keys to are kept in solitary confinement voluntarily or because the prison and, except at night, I was allowed to join all of disciplinary infractions. The prison consists of four sections almost any time I wanted to. During the same wings each of three sections ordinarily holding 20 — 22 period, I conducted structured interviews with 68 prisoners. Prisoners have association until 9.25 pm prisoners of which 59 were audio-recorded. The
6. Cline, H. & Wheeler, S. (1968) The Determinants of Normative Patterns in Correctional Institutions in Scandinavian Studies in Criminology, Vol. 2, pp. 173-184. 7. Wellford conducted a quantitative survey of 120 male prisoners, which identified a weak correlation between the temporal phase of imprisonment and prisonization: Wellford, C. (1967) Factors associated with adoption of the inmate code in Journal of Criminal Law, Criminology and Police Science, No. 58, pp. 197-203. Another U.S. study was conducted by criminologists Robert Atchley & Patrick McCabe. Although they used exactly the same time index as Wheeler, it was not possible to retrieve the u-curve: Atchley, R. & McCabe, P. (1968) Socialization in Correctional Communities: A Replication in American Sociological Review, Vol. 33, pp. 774-785. A survey study conducted under the guidance of Ronald Akers found that inmates who serve in treatment-oriented sections and in less restrictive prison regimes are lesser prisonized compared to prisoners in »ordinary sections« and in more restrictive regimes. The study did not support evidence of a u-curve: Akers, R., Hayner, S. and Gruninger, W. (1977) Prisonization in Five Countries in Criminology, Vol. 14, No. 4, pp. 527-554. 8. Spradley, J. (1980) Participant Observation, Holt, Rineholt and Winston, USA; Crewe, B. (2006) Prison Drug Dealing and the Ethnographic Lens in The Howard Journal of Criminal Justice, Vol. 45, No. 4, pp. 347-368; Crewe 2009 see n.1; King, R. & Liebling, A. (2008) Doing research in prisons in King, R. and Wincup, E. [Ed.], Doing research on Crime and Justice, Oxford University Press, UK. 9. This is an average prison size compared to other closed and open prisons in Denmark. 10. The principle of normalization was introduced in 1946 in a preliminary version of the Danish penal law. It states that prison conditions as much as possible should be comparable to conditions in the surrounding community: Foreløbig Betænkning vedrørende Fuldbyrdelse af Fængselsstraf mv (1946), Afgivet af det af Justitsministeriet den 25. februar nedsatte udvalg [Preliminary Penal Law etc. (1946)]. This approach was inspired by the Swedish penal law. 11. Minke, L. (2012), Fængslets indre liv [The Prisoner Community], Jurist og Økonomforbundets forlag, København.
38 Prison Service Journal Issue 211 interviewees were selected using various criteria such were categorised as ‘low prisonized’ and prisoners with as age, ethnicity, marital status, crime, length of an average value of > 3 expressed conformity to inmate imprisonment, and time served in prison. The social role-expectations and were categorised as ‘high status of prisoners was also taken into account. In some prisonized’. Values for respectively low and high cases, it was difficult to understand the hierarchy prisonization were calculated for the population (N = among the prisoners. I therefore asked an interviewee 745): 56.5 percent of respondents expressed a high to nominate other interviewees whom he considered degree of prisonization and 43.5 percent expressed a differed most from himself. Using this selection criterion low degree of prisonization. I got information about prison life which would have A logistic regression analysis was undertaken in been otherwise difficult to uncover. The long period of order to find out which variables had most impact on participant observation and my the level of prisonization. The frequent presence in the prison model can be defined as an led to a gradual build-up of trust The quantitative ‘integrated model’14 and contains and confidence on the part of the information about prisoners’ prisoners as well as the staff. study was a cross- gender, age, ethnicity, marital The quantitative study was a sectional survey to status, children, educational level, cross-sectional survey to examine employment, religious belief, if qualitative results could be examine if number of prior sentences, generalised across other prisons qualitative results conviction charge, whether the and also to identify the most conviction charge was committed important factors which might could be in association, type of prison, influence levels of prisonization. type of section in prison, stage of The survey was conducted in 12 generalised across sentence15 and visits from correctional institutions such as other prisons and outside. remand centres, closed and open The starting point of the prisons and half-way houses. A also to identify the analysis was the calculation of questionnaire (in Danish and/or regression equations for all Arabic) was distributed and most important independent variables. By using a collected by hand among 1647 factors which might backwards search strategy it is convicted prisoners. This number possible to determine which was almost half of the overall influence levels of independent variables contribute prison population in Denmark at prisonization. significantly (p<0.05) to the that time. There were 803 prediction of degree of completed questionnaires, giving prisonization. an effective response rate of 49 percent. Most non- But the question is how the process of completions were from prisoners who could not read prisonization is initiated? The ethnographic fieldwork Danish or Arabic. discussed below helps to understand this process. Inspired by Wheeler’s early study on prisonization,12 three vignettes were devised to identify whether The initiation of prisonization and introduction prisoners expressed solidarity with staff or fellow to prison codes of conduct prisoners.13 Prisoners could mark their response on a 5 point Likert scale from ‘totally agree’ to ‘totally Prior to transfer to a closed prison, several disagree’. Prisoners with an average value of ≤ 3 prisoners reported that they were anxious about being expressed conformity to staff role-expectations and assaulted or exploited by other prisoners. For that
12. Wheeler 1961a see n.4. 13. The vignettes were (1) An inmate commits a minor rule infraction and is reported by a prison officer. Two prisoners discuss the incident. One of them criticizes the prison officer. The other claims that the prison officer usually is fair, and he was only doing his duty. What do you think about the inmate defending the prison officer? (2) The two inmates Thomas and Michael are friends. Thomas has smuggled a mobile phone into prison but now thinks that prison officers suspect him of having a mobile. He asks Michael to keep it for him a few days. Michael accepts and hides the mobile phone for Thomas. What do you think about Michael hiding the mobile phone for Thomas? (3) Two inmates have planned an escape from prison. The only way it is possible is if their fellow prisoner, Soren, smuggles tool from work. Soren agrees to do the smuggling. What do you think about Soren smuggling tools for the two inmates? 14. In the early study of prison culture it was assumed that prison culture was formed and found in the prison itself. This hypothesis founded the so called deprivation model (e.g. Sykes 1958 see n.1). Irwin and Cressey founded a second model – the so called importation model – which explained prison culture as a result of a subcultural and normative behavior pattern prisoners bring into the prison and reproduces in there (Irwin and Cressey 1962 see n.1). Thomas et al. (1978 see n.1) suggested a third model which integrated the above-mentioned two models and named this the integration model. 15. Early phase of sentence includes those who have served less than six months; middle phase is those who have served more than six months and have more than six months left to serve; and late phase is those who have less than six months remaining to serve.
Issue 211 Prison Service Journal 39 reason, most newcomers were wary and felt insecure pay an amount from his salary to him. It might be that about the prospect of imprisonment. A prisoner the newcomer can apply for the dishwashing job. It is explained: ‘The first day in this prison, I stayed in my therefore seen as important to know about this cell behind a closed door and I hoped that no-one practical issue. Point 5 to ‘show the criminal record’ is would come in.’ Similarly, several prisoners said that justified because prisoners do not want to serve their they were mentally prepared for the worst case sentence in the same section as ‘grasses’ or inmates scenario such as being assaulted, raped or robbed. convicted for sexual crimes. If a newcomer refuses to With limited prior knowledge about prison life some show his criminal record — or if he has a problematic prisoners asked the staff questions but: ‘The guards criminal record — he is usually asked by the fellow don’t tell you much (…) But the other prisoners tell inmates to be transferred to another section or even to you a lot about how prison is.’ Because of prisoner another prison. A prisoner explained: ‘If you don’t have turnover, poor communication skills or maybe limited a proper criminal record, then it’s goodbye.’ If a knowledge about prison conditions, some prisoners prisoner is transferred to another section or another forgot to pass important (informal) information to prison for not having a proper record, it is almost new prisoners. To ensure a less haphazard impossible to be included in another prison. Rumours introduction, prisoners themselves had devised a about the prisoner often arrive before the prisoner proper induction process, himself. In several cases, an named the ’Spokesman excluded prisoner therefore has introduction’16 (in Danish: to serve his sentence in a ’Talsmandsvisitationen’) as To ensure a less ‘voluntary’ isolation section with follows: haphazard all the limitations this kind of ‘1) Introduce yourself and sentence entails. welcome the newcomer. 2) To introduction, Another informal part of the ensure the newcomer can introduction relates to the most become accostomed as quickly as prisoners themselves important aspect of the prison possible to prison life, review the had devised a proper code of conduct. This may be different forms used by the summarised briefly as: ‘Don’t prison authorities such as induction process, steal from fellow prisoners, don’t applications for visits, for making named the grass, and don’t interact with the telephone calls, vouchers for the guards.’ Depending on how shop. 3) General introduction to ’Spokesman serious rule breaking behaviour is the section, the routines and perceived by others, the prisoner daily life e.g. for example introduction’ . . . is met with a range of informal dishwashing system. 4) Make a reactions: verbal reprimanded, guided tour of the section. 5) being ‘voted out’ of the section, Make sure the newcomer shows you his criminal record or in some cases being physically punished. When a (for the sake of the newcomer, because we don’t want prisoner is voted out, he has to move section or even people to get into trouble because of the crime for prison. Fellow inmates claim to the prison authorities which they were convicted).’ that they cannot guarantee his safety and then, Some of these points merit further explanation. because of the need to maintain order and security, the Point 2 ‘vouchers for the shop’ is to make sure that the prison authorities have to transfer the prisoner whether prisoner can get groceries from the prison shop. At a he accepts it or not. The excluded prisoner runs a high given time once a week, prisoners in one section may risk of becoming a ‘ghost’ in the prison society. He is shop for food but if a prisoner is unable to do his transferred from one place to the other leaving behind shopping at this particular time or has forgotten nothing but a bad name and a vague impression. something he can give another prisoner a mandate to To examine how common the rule of conduct ‘not shop on his behalf. This mandate has to be completed to interact with the prison guard’ was amongst in advance and is therefore important to know about. prisoners, they were asked how often they talked Point 3 ‘dishwashing system’ differs from one section to voluntarily with prison guards or other professional for another. In some sections, prisoners employs a fellow more than ten minutes. 53 percent (N = 766) of the inmate as dishwasher and then each prisoner has to prisoners had rarely (once a month or less) talked with
16. According to the Danish penal law section 34 prisoners should be able to influence their lives in the institution through elected spokesmen. In every section prisoners have possibility to elect a prisoner as a representative (spokesman) for the prisoners in each section. Normally the spokesmen from the different sections in the prison hold a meeting once a week and discuss different aspects of prison life. Among the spokesmen one of them is chosen as a »common spokesman«. This person is supposed to hold a monthly meeting with the prison authorities. During this meeting he is given authorization to speak on behalf of most prisoners in the prison.
40 Prison Service Journal Issue 211 prison guards for more than ten minutes. It is striking for the worst case scenario. External contact and life that, at the same time, 39 percent of the prisoners (N = beyond the prison walls was experienced as a parallel 753) requested more social contact with the prison society, which the prisoner — for as long as he was guards. imprisoned — did not have the resources to get too involved with. As a prisoner expressed it: ‘I don’t need Emotional brutalization as an possible aspect friends from outside anymore. My life is so much about of prisonization prison life. If I have visits from people outside, I don’t know what to talk about.’ Several prisoners reported ‘Don’t grass’ means not divulging anything to similarly that as time went by they divorced themselves prison officers about what takes place among fellow from social contact with people from the outside and inmates. A prisoner also has to be careful not to listen focussed their concentration on life behind bars. or even to see too much of what takes place in prison. The ideal prisoner is described as like the three wise Final model equating to high or monkeys — eyes, ears and mouth closed — minding his low prisonization own business. In many cases, this must be taken quite literally. One prisoner had observed a group of fellow The logistic regression model equating to levels of inmates who had Gaffa taped a youngster and prisonization had five variables left in the final model: 1) threatened to rape him to ‘scare him straight’. The gender 2) age 3) conviction charge 4) prior sentences youngster wet himself with fear while the other and 5) stage of sentence. prisoners stood laughing around him. A prisoner observing this scenario felt bad emotionally about the incident but he could not talk about it even to his Table 1: Final model if term removed (N547) family, in case they would make them very worried. If he had told staff about the incident, he would have 95%C.I. Exp. B been regarded as a snitch. During my time doing Variable Sig. Exp. B Lower Upper participant observation in prison, I noticed a prisoner with a broken nose, prisoners with broken teeth and Gender bruises on prisoners’ backs or faces because of Male ,063 ,206 ,039 1,091 punches. However, according to official prison statistics, Age only three prisoners are assaulted by fellow inmates a 15-23 ,000 1,000 year. When I asked a prisoner about the number of 24-29 ,625 ,846 ,433 1,654 incidents reported he laughed and responded it was a 30-39 ,045 ,536 ,291 ,987 true sign that prisoners complied to the rule ‘not to +40 ,000 ,185 ,095 ,359 grass’. If the prison system becomes aware of incidents among inmates which are perceived to be an order and Conviction charge safety risk, prisoners can be roughly strip searched, cells Drug offence ,010 1,000 might be turned upside down for security purposes, Robbery ,069 ,476 ,214 1,060 and groups of prisoners might be isolated and Aggravated assault ,596 ,860 ,493 1,501 transferred to other prisons. These forms for collective Homicide ,003 ,425 ,240 ,753 punishment have the consequence that prisoners keep Sexual offence ,014 ,213 ,062 ,728 their knowledge to themselves. Other offence ,071 ,492 ,228 1,063 Because of their experiences during imprisonment, Prior sentences some prisoners said that they experienced a kind of 0 ,000 1,000 emotional brutalization or hardening during their 1-5 ,030 1,616 1,049 2,491 imprisonment. At the beginning of imprisonment, they > 5 ,000 3,015 1,745 5,208 reacted more emotionally to assaults or injustices towards themselves or fellow mates. As time went by, Stage of sentence they reacted less. For that reason some prisoners found Early ,005 1,000 it difficult to see themselves through the eyes of, and Middle ,002 2,109 1,312 3,390 also to relate to, people from the outside: ‘I cannot live Late ,032 2,412 1,081 5,384 in two worlds. If I do, I lose my strength and get weak. If I get weak, I will get attacked.’ The daily life in prison The analysis shows that male prisoners had a was seen as a struggle and the prisoner had to be higher probability of being highly prisonized compared psychologically alert and physically strong. He needed to women, and prisoners up to 29 years old had a to keep in good shape physically to protect himself higher probability of being highly prisonized compared from other prisoners and was constantly on the alert to older prisoners. Prisoners with more than five
Issue 211 Prison Service Journal 41 previous prison sentences were three times as likely to kind of prison regime — open or closed — the be highly prisonized as inmates being incarcerated for imprisonment took place in. the first time. Prisoners who had committed drug This study also found that prisoners are likely to offences had higher probability of being highly undergo an emotional brutalization during prisonized compared to prisoners who had committed imprisonment because of the power of the inmate sexual offences and those in the early stage of their code, which obliges them to keep quiet about incidents sentence (less than 6 month spent in prison) were less of assault and exploitation amongst prisoners. One likely to be highly prisonized compared to prisoners reason for this norm is the knowledge that prison who had been imprisoned for a longer time. There were authorities will adopt a tougher regime and use no statistical difference between middle and late stage collective punishment for security purposes if prisoners of sentence which indicated no decline in level of tell them about such incidents. Prisoners therefore keep prisonization as the time of release approached.17 In their knowledge and experiences among themselves, other words, the study did not find a u-shaped which may result in a greater risk of separation from distribution of prison conformity responses. the wider values of Danish society and also may result in a higher likelihood of recidivism. The study also showed Discussion that prisoners are in fact willing to discuss incidents with staff if this does not have negative consequences This study found that prisoners in Danish prisons for others or could impact negatively on the prison are socialized to a prison culture which emphasizes a community in terms of higher levels of security, isolation conflicting attitude about officialdom and society. It and segregation. The asymmetrical power relations appears that the actual time the prisoner has spent in between prisoners and staff, and the norms of conduct prison is significant in determining the level of among the prisoners, inhibit speaking out openly about prisonization. Taking other variables into account the problems and concerns about prison society. analysis reveals that prisoners who spent more than six This study suggests that the distinctive norms of months in prison are more likely to be highly prisonized Danish prisoner culture contribute to an individual and than inmates who have spent less than six months. No group identity that is in conflict with the institution and indication was found that prisonization decreases at the wider social values. This is likely to inhibit re-integration time of release. Furthermore, it did not matter which on release and the process of desistance.
17. Wheeler found a decline in level for prisonization as time for release approached. The distribution was shaped as a u-curve (Wheeler 1961b:706 see n.1). In his later study of prisonization in Scandinavia he didn’t find a similar u-curve (Cline & Wheeler 1968 see n.5).
42 Prison Service Journal Issue 211 Sentencing Reform and Prisoner Mental Health Dr Paul Taylor is Lecturer in Criminology at University of Chester. Siân Williams is a Registered Mental Health Nurse, Nurse Specialist, working in the Crisis Resolution Team at Cheshire and Wirral Partnership NHS Foundation Trust.
Introduction Mental Illness and the Criminal Justice Process
Mental illness and distress in prison has been Over recent decades, the development of well documented. Indeed research and reports specialist schemes and practitioners has given rise to have argued that the number of mental enhancing opportunities to address mental illness at disorders among prisoners is much higher than various points of the criminal justice process. in the general population.1 Furthermore, specific Diversion schemes, mental health liaison practitioners evidence linking the prevalence of mental ill and in-reach services have become an ever-growing health to specific sentences of imprisonment, part of the pre-punishment and punishment stages such as indeterminate sentences for public of the process. The twenty-first century has been protection (IPP),2 open the debate on how best marked by a growth in the convergence of criminal to manage this area of contemporary justice and psychiatric policy, practice and legislation4 punishments. The deleterious effects of prison something intended to improve the wellbeing of life on mental well-being are, and continue to be, those subject to criminal proceedings. Despite some a pressing matter for prison authorities and the radical and innovative systems being instituted across staff engaged in the support and treatment of criminal justice and health services, concern remains remand and sentenced prisoners. Mental illness over how best to tackle what has been seen as a in prison is nothing new; rather the existence of growth of psychiatric disturbances among those what was once termed as ‘lunacy’ and psychiatric subject to criminal justice sanctions. symptoms among those detained can be traced Several reports released in the first decade of the to the rise of the early modern prison and the twenty-first century have attempted to judge the confinement era of the eighteenth and extent of the challenges that the criminal justice nineteenth centuries.3 In Britain and elsewhere, system faces. INQUEST’s Dying on the Inside,5 the as the nineteenth century progressed, society Prison Reform Trust’s Too Little Too Late6 and The Lord witnessed a ‘separating out’ of criminals, Bradley Report7 are just some of the more recent psychiatric patients and those deemed as explorations of responses to mental vulnerability ‘criminal lunatics’, with purpose built institutions within the criminal justice system. Whilst reports such pervading urban and rural areas of the country. as Lord Bradley’s have undertaken a broad-reaching However, these developments in confinement analysis, many campaigning group’s evaluations, did not necessarily mean that mental illness or official inquiries and academic scholarship have distress was eradicated from the prison setting, focused upon the prison as the key territory for on the contrary; rather this situation is reform. Indeed, self-inflicted deaths in custody have something that continues to be topical in the received significant attention. contemporary era of offender management.
1. Fazel, S. &Danesh, J. (2002) Serious mental disorder in 23,000 prisoners: a systematic review of 62 surveys. Lancet, 359, 545–550. 2. Sainsbury Centre for Mental Health [The] (2008) In the Dark: The Mental Health Implications of Imprisonment for Public Protection, [available from]: http://www.centreformentalhealth.org.uk/criminal_justice/sentencing.aspx 3 Seddon, T. (2007) Punishment and Madness, London, UK: Routledge. 4. Sainsbury Centre for Mental Health [The] (2010) Blurring the Boundaries: The Convergence of Mental Health and Criminal Justice Policy, Legislation, Systems and Practice, [available from]: www.centreformentalhealth.org.uk/pdfs/blurring_the_boundaries.pdf 5. INQUEST (2008) Dying on the Inside: Examining Women’s Deaths in Prison, [available from]: http://inquest.gn.apc.org/website/publications/dying-on-the-inside 6. Prison Reform Trust [The] (2009) Too Little Too Late: An Independent Review of Unmet Mental Health Need in Prison, [available from]: http://www.prisonreformtrust.org.uk/Publications/vw/1/ItemID/95 7. Bradley, Rt Hon Lord Keith (2009) Lord Bradley’s Review of People with Mental Health Problems or Learning Disabilities in the Criminal Justice System, [available from]: http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_098694
Issue 211 Prison Service Journal 43 The problems that present themselves may well adaptation that prisoners experience. Using an be grounded in the ideologically opposed custodial indigenous approach to understanding, Dhami, setting whereby care and therapy are administered Ayton and Loewenstein highlight the impact of prison against a backcloth of punishment and control. life on the adaptations to behaviour that prisoners Research has shown and concluded that it is make. Prison regimes, discipline and sentence lengths challenging to see the therapeutic aims of custody in all have the potential to influence behaviours and be the context of a high prevalence of neurotic and a source of frustration, stress or have a more serious psychotic disorders, substance dependency and bearing on the mental well-being of the prisoner. The personality disorders.8 As Smith9 remarks, ‘the debate importation approach on the other hand observes around the relationship of mental ill-health and how adaptations to the prison environment are a crime… has been well rehearsed reflection of pre-prison life. In and it is now widely recognised such circumstances a prisoner’s that the mentally ill should not former background and lifestyle be in prison’. Such sentiments Prison regimes, will impact on their ability and are echoed by Lord Bradley, discipline and capacity to adapt to prison and indicating that individuals thus a prisoners former mental suffering with mental ill-health sentence lengths all health or ill-health may be could be diverted more often, significant in this respect. and that for those who enter have the potential Several analyses indicate prison, support arrangements to influence that many people in prison could be drastically improved. already experience mental illness Clearly addressing the issues behaviours and be or distress prior to being sent raised across a variety of reports there.12 Adjustment to the is not a simple task. Indeed the a source of prison environment and regime mechanisms that drive current frustration, stress has also been cited as a systems and are the basis for potential catalyst to initiate or reform in this area are complex or have a more exacerbate symptoms.13 For (such as the sentencing serious bearing on many, entry into the custodial practices of the courts). environment is traumatic and Moreover, in a contemporary the mental well- coping with the demands of austere climate coupled with an authority, regimes and fellow extensive use of imprisonment, being of the prisoners requires a personal surpassing 88,000 people at the prisoner. resilience, which for many is not end of 2011,10 meeting achieved. Many authors have expectations in this area is a sought to explain what social challenge for officials, policy writers/makers and and interpersonal aspects of prison life are likely to practitioners alike. contribute to the mental distress and suffering of an inmate. O’Donnell and Edgar14 and Edgar15 locate Prison Life and Mental Ill-Health victimisation (criminal or otherwise) as a key concern for prisoners, whilst Ireland16 draws similar Dhami, Ayton and Loewenstein11 present a conclusions in her analysis of bullying and theoretical interpretation of adaptation to prison life exploitation by fellow inmates. Although it is difficult that prisoners make. They detail an indigenous and to earmark one particular dimension of prison life as importation approach to understanding patterns of the key contributor of mental or emotional stress, it is
8. Burki, T. (2010) Grasping the nettle of mental illness in prisons, The Lancet, 376(9752), 1529-1530. 9. Smith, C. (2002) Healthy prisons: a contradiction in terms? Howard Journal of Criminal Justice, 39(4), 339-353. p.348. 10. Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin January-March 2012: England & Wales, [available from]: http://www.justice.gov.uk/statistics/prisons-and-probation/oms-quarterly 11. Dhami, M.K., Ayton, P. &Loewenstein, G. (2007) Adaptation to imprisonment: indigenous or imported? Criminal Justice and Behavior, 34(8), 1085-1100. 12 . Prison Reform Trust [The] (2009) Too Little Too Late: An Independent Review of Unmet Mental Health Need in Prison, [available from]: http://www.prisonreformtrust.org.uk/Publications/vw/1/ItemID/95 13. Hochstetler, A.L., Murphy, D.S. & Simons, R.L. (2004) Damaged goods: exploring predictors of distress in prison inmates, Crime & Delinquency, 50(3), 436-457. 14. O’Donnell, I. & Edgar, K. (1998). Routine victimization in prison. Howard Journal of Criminal Justice, 375, 266-279. 15. Edgar, K. (2005) Bullying, victimization and safer prisons, Probation Journal, 52(4), 390-400. 16. Ireland, J. L. (2000) Bullying among prisoners: a review of research, Aggression and Violent Behavior, 5(2), 201-215.
44 Prison Service Journal Issue 211 likely that any number of imposed social In contrast to short-term or determinate sentenced arrangements can be potentially harmful to the prisoners, these prisoners may never be certain when mental well-being of a prisoner. normal scheduling of their life will re-commence,23 Captured within Dhami, Ayton and thus potentially fueling anxieties and contributing to Loewenstein’s indigenous approach to unveiling distress. patterns of adaptation are the perspectives presented by sociologist Gresham Sykes.17 His seminal work in Indeterminate Sentences for Public Protection 1958 provided an analytical lens that captured the (IPP) and Mental Illness essence of the social arrangements of the prison. Sykes contended that there were five ‘pains’ of In terms of crime control and public protection, imprisonment felt by inmates. the New Labour years certainly These amounted to a series of had a distinct risk-minimisation deprivations that prison life had character to them with a range imposed; deprivation of liberty, More recent studies of policies and legislations being deprivation of goods and have directed generated during this time services, deprivation of aimed at managing ‘risky’ heterosexual relationships, attention towards populations.24 Whilst deprivation of autonomy and a time being a great indeterminate detention has deprivation of security. Similarly, long been something Cohen and Taylor18 illuminated source of established in the application of the difficulties long-term 19 the Mental Health Act (for prisoners faced in custody. They suffering echoing example, Section 37(41)) such discuss the ‘psychological the sentiments of approaches have been sparsely survival’ of prisoners and the used in criminal justice until challenges of long-term earlier work recently. incarceration, in particular the whereby the Of the various sentencing impact that time has on a options available to judges, the prisoner’s mental well-being. ownership and IPP sentence has attracted the More recent studies have most critical commentary. directed attention towards time control of time has Campaigning organisations being a great source of shifted from the such as the Howard League for suffering19 echoing the Penal Reform have labelled the sentiments of earlier work individual to the IPP as ‘ill-conceived’, ‘flawed’, whereby the ownership and ‘Orwellian’ and ‘draconian’.25,26 control of time has shifted from institution. Elsewhere the perceived the individual to the injurious impact of these institution.20,21 sentences on the mental health Research in a general prisoner population has of prisoners has been evaluated.27 Their introduction already indicated a ‘patterned difference between under the Criminal Justice Act (2003) and subsequent suicidal and coping prisoners in their relationship to high usage sought to provide an answer to a growing prison time’.22 For a prisoner serving an indeterminate public and political concern over offenders thought sentence or a life sentence the relationship between to be dangerous but whose offences existed outside their sentence and time deserves special recognition. of the mandatory life sentence for murder. The IPP
17. Sykes, G. (1958). The Society of Captives: A Study of a Maximum-Security Prison. Princeton, NJ: Princeton University Press. 18. Cohen, S. & Taylor, L. (1972) Psychological Survival: The Experience of Long-Term Imprisonment, Middlesex, UK: Pelican. 19. Medlicott, D. (2001) Surviving the Prison Place, Aldershot, UK: Ashgate. 20. Goffman, E. (1961) Asylums, Middlesex, UK: Pelican. 21. Cohen, S. & Taylor, L. (1972). 22. Medlicott, D. (1999) Surviving in the time machine: suicidal prisoners and the pains of prison time, Time and Society, 8(2-3), 211- 230. p.211. 23. Cohen, S. & Taylor, L. (1972). 24. See Taylor, P. (2012) Severe personality disorder in the secure estate: continuity and change, Medicine, Science and the Law, 52(3), 125-127. 25. Howard League for Penal Reform [The] (2007) Indeterminate Sentences for Public Protection: Prison Information Bulletin 3, [available from]: http://www.howardleague.org/ipp/ 26. Howard League for Penal Reform [The] (2012) Briefing Paper Legal Aid, Sentencing and Punishment of Offenders Bill: Report Stage and Third Reading in the Lords, [available from]:http://www.howardleague.org/briefings/ 27. Sainsbury Centre for Mental Health [The] (2008).
Issue 211 Prison Service Journal 45 sentence has allowed the courts to impose a that highlight the high numbers of prisoners minimum time in prison before the offender goes remaining in custody beyond their tariff have been before the Parole Board. The Parole Board must then apportioned to various concerns over the process. be convinced that the offender no longer poses a risk Delayed decisions by Parole Boards,32failures to to the public, however the number of offenders who provide resources for rehabilitation schemes have had release denied has remained consistently necessary for IPP prisoners33 and risk-averse decision high.28 making trends by Parole Boards34 have culminated in It perhaps comes as no surprise that the level of the rights of offenders being eroded. When mental distress among the IPP sentenced prisoner considering these issues in the context of a prisoner’s population is high. Research own mental well-being these carried out by the Sainsbury analyses can serve to provide Centre for Mental Health in Research carried additional context to an 2008 indicated that more than experience that will inevitably half of all IPP prisoners out by the have the potential to invoke experienced problems with feelings such as aggravation, emotional well-being and one in Sainsbury Centre infuriation and a dispiriting five IPP prisoners had previously for Mental Health especially when coupled with a received psychiatric treatment. return to the everyday stressors The IPP sentence has been in 2008 indicated of prison life. regarded as a catalyst for that more than half mental and emotional distress in Sentencing Reform prison, with authors citing the of all IPP prisoners damaging effects of As the preceding discussion indeterminacy on a prisoner’s experienced of the literature indicates, the sense of hope and familial problems with legitimacy of IPP sentencing has relationships, refusals by Parole been called into question. Such Boards and denial of access to emotional well- approaches to the control of necessary behaviour being and one in offenders appear to be programmes due to mental significantly weighted in the health problems.29,30,31 five IPP prisoners interests of public protection Predicting future offending rather than the individual and behaviours is a challenging task had previously collective rights of offenders. As and critics would argue that a received psychiatric research has shown, concentration on minimising indeterminacy of detention has risks to the public overshadows treatment. a hugely negative impact on the more integrative/rehabilitative outlook for prisoners and it is systems of offender not surprising that so many management, resettlement and reparation. The high experience emotional and mental distress in addition numbers of those receiving IPP sentences who serve to the already burdening ‘pains’ of prison life. beyond their tariff suggests that issues exist in the Difficulties are likely to be experienced by many, as in willingness of different risks to be accepted or not. the case of the IPP several questions can be raised; Risk assessments, practitioner reports and inquisitorial how are such prisoners to pass time when they do Parole Board processes all serve to inform a judgment not know how long for, how are they to mark time by the Parole Board to recommend or defer a release when they have not end point and, how are they to from custody. Deferrals are high and statistical trends ‘do time’ when they do not know how much time
28. ‘At the end of March 2011 there were 6,550 prisoners serving an indeterminate IPP sentence. 3,500 of this group are being held in custody beyond expiry of their minimum term in custody, or tariff’ (The Howard League for Penal Reform, 2012, p.3-4). 29. Sainsbury Centre for Mental Health [The] (2008). 30. Cluley, E. (2009) Imprisonment for public protection and mental health issues, Probation Journal, 56, 73-75. 31. Rutherford, M. (2009) Imprisonment for public protection: an example of ‘reverse diversion’, The Journal of Forensic Psychiatry and Psychology, 20(1), 46-55. 32. Prison Reform Trust [The] (2010) Bromley Briefings Prison Factfile: July 2010, [available from]: http://www.prisonreformtrust.org.uk/Publications/Factfile 33. HM Chief Inspector of Prisons & HM Chief Inspector of Probation (2008) The Indeterminate Sentence for Public Protection: A Thematic Review, [available from]: www.justice.gov.uk/downloads/.../joint.../hmip_ipp_thematic-rps.pdf 34. Epstein, R. (2010) Imprisonment for public protection: does it serve the public interest? Criminal Law and Justice Weekly, 174, 465– 478.
46 Prison Service Journal Issue 211 they have to do? Philosophically and theoretically, the tensions, not least in the delivery of care within an IPP sentence is a denial of traditional penal thought explicit remit of control.38,39 Furthermore, services such whereby the courts, in response to the wrongdoing as NHS mental health prison in-reach teams have of the offender, hand down commensurate been regarded as facing a formidable challenge in the punishments.35 Certainly the question that has support of prisoners in terms of resource availability40 begged to be answered is ‘can indeterminacy ever be and the ‘complicated clinical picture’ that some understood as a proportional response to offending prisoners present.41 Initiatives such as the Assessment behaviour?’ Care in Custody and Teamwork (ACCT) approach From their legislative introduction in 2003 and have been widely regarded as making a positive their implementation since 2005, the lawfulness and contribution to the treatment and management of legitimacy of the IPP sentence (and offender mental illness and distress in prison custody. With its behaviour programmes) has been called into question focus on the reduction of suicide and attempted and challenged officially through a case heard at the suicide, the ACCT approach framework of risk Court of Appeal in July 2007.36 Moreover, 2008 saw management and reporting has gathered momentum the IPP sentence subject to since its rollout between 2005 reform under the Criminal and 2007. The formalising of Justice and Immigration Act.37 Caring for concerns for at-risk prisoners The most recent and radical and the development of care amendment is taking place at prisoners with plans to mitigate risks of self- the time of writing, whereby mental health injury or suicide has become a under the Coalition normative aspect of prison and Government’s ‘intelligent’ issues carries with offender management. Central sentence reforms and the it an array of to approaches such as ACCT is recently passed Legal Aid, that any member of staff can Sentencing and Punishment of complex challenges undertake reporting and Offenders Act (2012), the IPP therefore ownership of the risk sentence is to be repealed. and tensions, not of self-injury or suicide has The Legal Aid, Sentencing least in the delivery become wider and and Punishment of Offenders multidisciplinary.42 Moreover, Act (2012) outlines the of care within an additional positives can be felt, provision of new extended and as at the same time, such life sentences. Crucially, these explicit remit of approaches to working with new sentencing options for control. mental health and risk in offenders are determinate custody have the potential to rather than indeterminate. enhance the skills of workers However, whilst the Legal Aid, Sentencing and individually, collectively and across professional Punishment of Offenders Act (2012) has received disciplines.43 Crown assent, many of its timetable of measures are Innovations in sentencing options will have a yet to be implemented and it does not mean that direct (albeit not immediate) impact on the character current IPP sentenced prisoners are re-sentenced. of mental ill-health in the prison environment. The character and nature of psychiatric symptoms or Implications for Practice distress that healthcare practitioners are confronted with is likely to change; although this does not Caring for prisoners with mental health issues necessarily equate with improvement. Prison carries with it an array of complex challenges and population statistics would indicate that prison
35. Prison Reform Trust [The] (2010) Unjust Deserts: Imprisonment for Public Protection, [available from] http://www.prisonreformtrust.org.uk/Publications/ItemId/44/vw/1 36. See Rutherford, M. (2009). 37 . ee Wood, J. (2012) MAPPA level 3 offenders: reconviction as a measure of effectiveness, Probation Journal, 59, 111-123. 38. Willmott, Y. (1997) Prison nursing: the tension between custody and care, British Journal of Nursing, 6(6), 333-336. 39. Sim, J. (2002) The future of prison health care: a critical analysis, Critical Social Policy, 22(2), 300-323. 40. Forrester, A., Chiu, K., Dove, S. & Parrott, J. (2010) Prison healthcare wings: psychiatry’s forgotten frontier? Criminal Behaviour and Mental Health, 20, 51-61. 41. Steel, J., Thornicroft, G., Birmingham, L., Brooker, C., Mills, A., Harity, M. & Shaw, J. (2007) Prison mental health inreach services, British Journal of Psychiatry, 190, 373-374. p.373. 42. See Shaw, J. & Turnbull, P. (2009) Suicide in custody, Psychiatry, 8(7), 265-268. 43. Mullins, J. (2012) A multidisciplinary approach to mental health care for prisoners, Mental Health Practice, 15(10), 30-31.
Issue 211 Prison Service Journal 47 remains a favoured method of disposal by the courts will continue to evolve as the knowledge and and as such practitioners are likely to interact with understanding of mental ill-health in custody more offenders; some of which will be spending develops. It is clear that mental illness or distress in longer in custody. prison is likely to be the product of concurrent issues, Whilst the IPP sentence has been rescinded, this however as we note here, sentence tariffs cannot be is not to say that its replacements will benefit the ignored as a key contributor. In this vein, it is crucial mental well-being of prisoners. Indeed, the Howard to approach assessment and treatment that is League for Penal Reform44 has raised concern over the grounded in the context of the type and length of a inclusion of automatic life sentence. As authors have sentences for a second offence shown, time (and how to under the Legal Aid, Sentencing manage it) has an unmistakable and Punishment of Offenders . . . the impact of effect on the experience of Act (2012). In such overcrowded imprisonment (not least in terms circumstances it is plausible to of indeterminate or long-term suggest that whilst there would conditions invariably sentences) and suicide be a reduction in the IPP prevention strategies can be sentenced prisoner population, impacts upon enriched through an the number of prisoners serving conditions, staffing understanding of time in this a life sentence may increase. context.47 Coupled with proven Taking direction from existing and regimes, obstacles (for example, perspectives45 in respect of conceivably problems accessing offender indigenous and importation behaviour programmes approaches to analysis of worsening the discussed earlier in this article adaptation, similar issues and opportunities for remain, not least in the authors experience of improvements to be made to concluding that ‘those who prisonization, the mental health screening of spent longer in custody felt prisoners),48,49 these structural more hopeless and were more evoking poor mental hurdles must be understood and frequently charged with short and long-term goal setting infractions’. Furthermore, the health among developed with this in mind. increased use of extended or life prisoners and Whilst legislative and sentences have an abundance organisational matters affecting of practical implications. Whilst potentially enflaming prison life should be recognised, there is a general ministerial and the prison’s crisis of these should not be viewed in parliamentary wish to reduce isolation. Rather, assessments of the prison population overall, legitimacy further. social relationships maintained longer custodial sentences may by prisoners and identifying the maintain conditions of prison social needs of prisoners can be overcrowding. This is certainly undesirable as the useful in the process of planning responses and impact of overcrowded conditions invariably impacts proactively eliminating potential triggers of mental upon conditions, staffing and regimes, conceivably distress. Research has shown50 that factors such as worsening the experience of prisonization,46 evoking isolation, a lack of meaningful activity, drug misuse, a poor mental health among prisoners and potentially breakdown of family contact, animosity between enflaming the prison’s crisis of legitimacy further. staff and prisoners and bullying between prisoners The positive impact and the established can serve as potential stressors. Interaction, then, be assessment and treatment strategies already that between prisoners themselves, prisoners and employed by prison-based and in-reach practitioners their family or between prisoners and prison staff
44. Howard League for Penal Reform [The] (2012). 45. Dhami, M.K., Ayton, P. &Loewenstein, G. (2007). p.1097 46. According to Clemmer’s (1940) original work this is the process of the values of the prison being impressed upon the prisoner. Clemmer, D. (1940) The Prison Community, Boston, USA: The Christopher Publishing House. 47. Medlicott, D. (1999). 48. Senior, J., Birmingham, L., Hartly, M.A., et al. (2012) Identification and management of prisoners with severe psychiatric illness by specialist mental health services, Psychological Medicine, Available on CJO doi:10.1017/S0033291712002073. 49. Ginn, S. (2012) Dealing with mental disorder in prisoners, British Medical Journal,345. 50. Nurse, J., Woodcock, P. &Ormsby, J. (2003) Influence of environmental factors on mental health in prisons: focus group study, British Medical Journal, 327, 480.
48 Prison Service Journal Issue 211
PSJ 211 January 2014 TEXT_Prison Service Journal 02/01/2014 13:03 Page 49
could be conceived as a key assessment priority. Whilst none of these stressors could be considered as a static entity, it is plausible to suggest that long-term sentences may aggravate or prolong these stressors, thus affecting the mental health of prisoners adversely. Conclusions HER MAJESTY’S The abolition of IPP sentences and the introduction of alternatives for dangerous offenders PHILOSOPHERS under recent legislation herald an opportunity to explore their impact on the mental well-being of this particular group of prisoners. We anticipate that the ‘Both hilarious and devastating… a fascinating picture… we were delighted’: removal of indeterminacy in prison sentencing will have a positive impact on mental ill-health in the Prisoners Education Trust Newsletter prison context. However, in line with the concerns already raised by The Howard League for Penal Reform, 51 alternatives may also be harmful. Within current risk theory, discourse and practice there is a persistent appetite for (some) legislators, politicians, policy writers and (some of) the public to service the needs of public protection above and beyond the fair and proportionate treatment of offenders. Dominant, official, academic and subjugated accounts of mental ill-health in custody remain an important and evolving area of critical debate. The recurring analyses that indicate that mental illness should not be present within the prison environment pose significant challenges for those involved in addressing these issues. However at transitional points such as this, changes in sentencing for example, offer an opportunity to reflect on what has come before and how the future presents opportunities to develop multiagency forward- NEW ȱȱȱ thinking interventions in the area of prisoner support and well-being. It is imperative that a new era of sentencing involves a shared and multi-professional (for example, policy makers, state officials, the courts Alan Smith and prison authorities) understanding of the implications of imprisonment on those who The surreal but true life account of Socrates, survival, experience it. Such an informed approach has much teabags and soap while working with ever-changing greater potential to develop criminal justice sets of prisoners. responses that are legitimate, balanced and proportionate. £ . | Paperback & Ebook ISBN - - - - | pages September
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51. Howard League for Penal Reform [The] (2012).
Issue 211 Prison Service Journal 49
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Reviews
Book Review best understood when viewed values they reflect tend to prevail Crime and the Economy through the lens of an institutional over those that would By Richard Rosenfeld and Steven perspective.’ (italics in original) counterbalance market-orientated Messner The opening two chapters values and alleviate the impact of Publisher: Sage (2013) focus on the first aim, discussing market conditions and outcomes on ISBN: 978-1-84860-717-0 the links between socio-economic families and individuals.’ (p.66-7) (paperback) factors and crime, victimization and From this basis, Rosenfeld and Price: entanglement with criminal justice Messner suggest that rampant, system. They also offer some unconstrained capitalism has In the aftermath of the 2008 economic accounts for crime deleterious social consequences, financial crisis and in the midst of including rational choice theory and creating a self-interested culture. the subsequent economic slump, descriptions of economically They argue that counter-balancing the hegemony of global capitalism derived sub-cultures. The third and social institutions are required in has been subject to increasing fourth chapters explore more order to ameliorate these effects. In intellectual attack. In a series of extensively the institutional their conclusion, they argue that powerful and persuasive perspective so central to Rosenfeld radical new ways of thinking about publications, the practice of and Messner’s account. Form this and organising society will emerge capitalism has come to be criticised perspective, they argue that: in the future, but in the meantime: for its effects including increasing ‘… crime is a normal property ‘We see no better way to limit inequality, weakening communal of social systems which reflects the crime and promote justice in bonds and intensifying social core features of the institutional contemporary developed societies breakdown.1 Within criminal justice, order. Different institutional than to reign in the excess of there has also been a growing arrangements are expected to market economies with policies that interest in the role and impact of generate distinctive levels and types guarantee a decent standard of economics, including the links of crime, which should change living to all citizens and, by their between crime and the economy along with alterations to these very nature, reinforce a sense of and the growing marketisation of arrangements.’ (p.57) mutual obligation and collective policy and practice.2 In this short They articulate what they term responsibility. That is the historic but effective volume, distinguished ‘institutional-anomie theory’. In this promise of the welfare state as part American academics Richard theory the economic order is seen of a vital and responsive democratic Rosenfeld and Steven Messner, in the context of non-economic polity.’ (p.118). make a contribution to these institutions such as families and This concise but powerful debates, offering a theoretical communities that provide a moral volume packs a considerable punch. approach accounting for and foundation, The theory suggests It enunciates and develops a exploring the links between that: credible account for the links economics and crime. ‘… an institutional structure between economics and crime as In the Preface, Rosenfeld and characterized by economic well as drawing upon work that Messner set out their two primary dominance impedes the social situates this within a wider social objectives, which are to: control and support functions of context. As such, this is not only a ‘… shed light on the institutions which, when combined book about crime; it is a book that multifaceted linkages between with an anomic cultural ethic, strips illuminates the darker corners of criminal behaviour and the away the moral authority of these contemporary global capitalism. structure and functioning of the institutions and in so doing economy in advanced, capitalist undermines institutional regulation. Dr Jamie Bennett is Governor of societies … [and] … demonstrate In other words, when the market HMP Grendon and Springhill. that the complex linkages between economy dominates the crime and economic factors can be institutional order, its rules and the
1. For example see Wlkinson, R. and Pickett, K. (2009) The spirit level: Why more equal societies almost always do better London: Allen Lane; Sandel, M. (2012) What money can’t buy: the moral limits of markets London: Allen Lane; Stiglitz, J. (2012) The price of inequality: How today’s divided society endangers our future W.W. Norton: New York. 2. See. Albnerston, K. and Fox, C. (2012) Crime and economics Abingdon: Routledge.
50 Prison Service Journal Issue 211 Book Review outcomes, but few variables were exploring such matters in any The Evidence Enigma: significant against more than one of further depth. Correctional Boot Camps and these outcomes, and none Overall, it was the very Other Failures in Evidence- significant across all four. ambition of the research, and the Based Policymaking Compared to the scope of the heterogeneity of its findings that By: Tiffany Bergin quantitative section, Bergin’s left me questioning its significance. Publisher: Ashgate (2013) qualitative section, based on a case Bergin tests a diverse range of ISBN: 978-1-4094-4490-9 study of the two states Illinois and theories about boot camp diffusion (hardback) New Jersey, lacks detail and depth. and contraction and finds most of Price: £55.00 (hardback) The most interesting finding was them significant some of the time, that role that a single pragmatic but none of them significant most The Evidence Enigma, presents consideration played towards of the time. But, without delving a mixed methods analysis of the different outcomes in otherwise deeper into the ambiguities of her diffusion and subsequent similar states: in New Jersey the findings, Bergin’s extensive efforts contraction of correctional ‘boot introduction of boot camps was generate only the unremarkable camps’ across the United States very much delayed by difficulties conclusion that there may be some between 1983 and 2005. Extensive finding a publicly acceptable site for substance to all the theories tested, use of statistical methods, and one. but that the situation is too rather thinner qualitative textual Notwithstanding the complex to be reduced to any single analysis, combine to present a wide shortcomings of the qualitative one. ranging and sometimes surprising chapter, the use of mixed methods Personally, I had hoped that account of the rise and fall of boot does prove fruitful. For example, this book would provide insights camps in the United States. the quantitative section finds a into the role of evidence in current Bergin claims to have strong correlation between boot British policy making. However, and conducted the ‘most statistically camp diffusion and a high despite the promise of its title and rigorous examination of criminal proportion of African Americans introduction, this book is not so justice policy making ever under within a state, but the qualitative much about a failure of evidence taken in criminology’ (p. 138). Her section provides no indication that based policymaking as it is about use of statistics, in an area that does race might have played a role in the policymaking occurring with little not easily lend itself to diffusion of boot camps. Bergin’s reference to the available evidence quantification, is certainly use of mixed methods thus enables base. Boot camps, Bergin suggests, ambitious. Though I baulked at the her to demonstrate the significance seemed so self-evidently effective to quantification of abstract concepts of a factor, race, which might not many policy makers and voters that like ‘legislative professionalism’ and have been apparent using little attention was paid to the ‘liberal public ideology’, I was qualitative methods alone. applicable research evidence; nonetheless impressed — or However, further statistical analysis ‘statistics could not compete perhaps I should say amazed — establishes that the racial profile of against conviction’ (p. 114). In that the analysis generated a series states was associated with the contrast, over 15 years since New of statistically significant findings diffusion of juvenile — but not Labour came to power with regarding these variables and adult — boot camps, and that state promises of ‘evidence based policy’, others as diverse as ‘veteran status racial profiles did not predict the the Coalition government’s of governor’ and ‘income closure of boot camps within a ‘payment by results’ take evidence a inequality’. Starting with basic state. In this way Bergin provides stage further. It is no longer enough correlations, and moving to more some limited support for ‘racial to generate evidence based policy complicated statistical regressions threat theory’ (which suggest that (or to pay lip service to it); it is now through to event history analysis, states with higher African American becoming policy that service Bergin tests her wide range of or Hispanic populations will adopt providers must provide evidence of variables against four main more punitive criminal justice their efficacy if they are to secure or outcomes: the diffusion and the policies), but little explanation of retain the privilege of being service contraction of adult boot camps, why race might be relevant only to providers. The US policy makers in the diffusion of juvenile boot the establishment of juvenile Bergin’s research may have been camps, and the combined bootcamps and not to their closure sceptical or disinterested in the contraction of adult and juvenile or to the establishment of adult research evidence relating to their boot camps. Surprisingly, many of boot camps. Unfortunately the criminal justice policies. By contrast her variables were highly significant shear breadth of Bergin’s questions current UK policy making is fixated with reference to one of these and methods prevents her from with evidence. Politicians not only
Issue 211 Prison Service Journal 51 want evidence to show that their The book aims to be ‘credible’ In summary, the book offers policies work, they want to use to Lifers because of the author’s some useful advice encouraging evidence itself as a device to background, reflecting a literary prisoner readers to behave improve performance. Ours is not form of the benefits of a prisoner ‘positively’ in order to obtain what an environment where statistics ‘Insider’ scheme, much used across they need to progress or gain cannot compete with conviction; it prisons in England and Wales. Each privileges, including encouraging is becoming one in which segment is concise and written them to take charge of their conviction is invested in the clearly for the prisoner naïve to sentence. It would seem transformative power of evidence custody, a common occurrence for appropriate for this book to be itself. Life Sentenced prisoners, assuming available in libraries in ‘local’ prisons that unlike 60 per cent of prisoners or in court holding cells, as well as Dr Rachel Campbell-Colquhoun with literacy problems, they are in visitors’ centres for families and HM and YOI Holloway. literate enough to read it. In friends to gain an insight into the practical terms an audio often closed world of prisons. It accompaniment may have been would probably be of very little appropriate for the target audience. value to practitioners and Although some segments are academics, with the exception of Book Review quite specialised for Lifers such as students new to criminology that Life Imprisonment: Stages of an Indeterminate need a starting reference point for An Unofficial Guide Sentence, other segments could the typical experiences of Life By Alan Baker easily be applied to all prisoners, Sentenced prisoners. Publisher: Waterside Press (2013) including the section about The ISBN: 978-1-904380-93-1 Complaints System, and include Paul Crossey is an Operational (paperback) difficult subjects that the author Prison Manager seconded to Price: £9.95 does not shy away from such as NOMS Headquarters. Hygiene and Same Sex Life Imprisonment: An Relationships in prison. Considering Unofficial Guide aims to provide an the concise nature of the book and easy to read reference book aimed the potentially voluminous amount principally at the small market of of information that could be Book Review newly sentenced ‘lifers’. The unique offered to a new Life Sentenced Key Concepts in Youth Studies selling point of the book is that, Prisoner, there are some segments By Mark Cieslik and Donald although there have been a number that seem incredibly niche, such as Simpson of books and articles written by ex the segment on Artificial Publisher: SAGE (2013) offenders, this has been written by Insemination, for which the author ISBN: 9781848609846 (hardback) a serving life sentenced prisoner, highlights, within the passage, that 9781848609853 (paperback) Alan Baker, who has served over 20 only 28 applications have been Price: £65.00 (hardback) £21.99 years in prison. The manuscript of made since 1996. (paperback) this book won the Koestler Trust Another drawback to this book Silver Award so promises to be an is that as the author is recounting Key Concepts in Youth Studies insightful read. useful information from his whole is a welcome addition to the wider A forward is provided by Tim sentence, some information is SAGE Key Concepts series which Newell, a former Prison Governor, invariably out of date, such as provides students with accessible accompanied by an interesting and references to Enhanced Thinking and authoritative knowledge of the apparently sincere apology from Skills courses and Racist Incident essential topics in a variety of the author to his past victims. The Reporting Forms, which could disciplines. Experienced authors and bulk of the book, however, confuse prisoners. Furthermore, a researchers Mark Cieslik and comprises of 41 short segments few of the useful addresses are out Donald Simpson have acutely that explain some key pieces of of date by a number of years, summarised the complex field of information relevant to the including buildings that no longer youth studies in this concise and ‘offender journey’ of a life exist, and the prison slang section accessible book. When approaching sentenced prisoner, throughout appears quite dated. Future editions research and work with young their time in custody, including of this book would benefit from people it can be somewhat explanations of Life Sentence proof reading for these mistakes so perplexing to comprehend the Tariffs, Personal Officer Schemes that the author’s work doesn’t lose range of issues faced by young and Money Management. credibility with its audience. people in contemporary society.
52 Prison Service Journal Issue 211 This book neatly separates the youth; the importance of youth A major strength of the book range of key concepts in youth transitions to adulthood; is its accessibility. For the busy studies in short chapters which understanding youth cultures; the practitioner with little time to look- introduce major themes and ubiquitous nature of social policy up research — let alone debates to the reader. The use of and its direct and indirect impact comprehend the complexities of concise entries enables the reader on young people; the unique role research — the short entries on to access the information presented of youth workers; the complexities core topics provide an excellent more readily than many textbooks of researching young people; introduction to youth studies in the social sciences which are theorising youth; historical research, highlighting key issues, structured around lengthy chapters. perspectives of youth; the social which will undoubtedly be In addition, the authors endeavour divisions and inequality young beneficial to work with young to highlight where possible the people face; (mis-)representations people. For the academic, tutor, or interconnection between the of youth through images and student, who requires a more in- entries, further enabling the reader language. These core areas which depth knowledge of a particular to contextualise each issue within underpin much youth research topic within youth research, the the wider concepts presented. The provide a broad context for section book provides a nuanced book at first appears short (178 two, Major Concepts, Issues and introduction to the complexities of pages) for such a broad subject Debates, which consists of twenty- understanding, interpreting and matter, however these established three chapters, each one conducting research with young authors provide a very informative introducing a major area of people, as well as the benefit of and accessible discussion research in youth studies. short introductory chapters throughout, which will be of valued The authors address many areas detailing reading for further interest to academics, youth of research, all of which are investigation and exploration. practitioners and students alike. important to the study of youth. For The cover of the book The book begins with an example, the different spheres in the identifies that the authors set out introduction Making Sense of lives of young people are addressed to provide a comprehensive Young People Today? such as their education, training, overview of the different ways that contextualising the different leisure, work and families. The social social science researchers have entries in the book, and sets out identities of young people in these explored the lives of young people. some key questions which the settings, how they perceive This is achieved in a clearly written authors addressed when focusing themselves, and how these evolve and accessible way. The complex on the most important issues in over time as young people age are experiences young people youth research, such as: how do also addressed. The authors encounter in contemporary society we define ‘youth’? which provides acknowledge that these ‘short as they navigate their path to the focus of discussion in the first entries cannot possibly hope to cover adulthood is both a fascinating chapter. The introduction further all of the developments in research’ area of research and of acute highlights the analytical (ix), however these core concepts are importance. Cieslik and Simpson approaches and debates to presented in an articulate and present the core issues in a studying young people in relation comprehensible format which offer compelling and thought-provoking to their cultural practice and social an excellent introduction to the style. This well-written text would identities and life course transitions reader and provides guidance to be a welcome addition to any to adulthood, setting the scene for additional reading for further library with a focus on youth the core content of the book investigation, which the inquisitive studies or work with young people which is split into two major reader should follow-up. and to anyone with an interest in sections: (1) Foundational Throughout the series of understanding the complexities Concepts, Issues and Debates and entries in section two, the authors faced by youth in contemporary (2) Major Concepts, Issues and highlight connections between society. Debates. entries using bold text. For Section one, Foundational example, the entry for crime is Dr Daniel Marshall, Monitoring Concepts, Issues and Debates, connected to leisure. This works and Evaluation Officer, Catch22 consists of ten chapters addressing very well in the text, and is NCAS. Visiting Scholar, Institute of some of the significant particularly of use for readers with Criminology, University of foundations for discussion in youth specific interests, for example the Cambridge, UK. research. The authors cover a youth underclass, to quickly broad range of core concepts, such identify connected areas within as the complexity of defining youth studies work.
Issue 211 Prison Service Journal 53 Book Review magistrates for less serious crimes recognize and address this Women, Punishment and Social and this is contributing to a steep particular issue. Justice. Human Rights and rise in the number of women in The book is divided into four Penal Practices prison.1 To reduce the number of parts with a total of sixteen Edited by Margaret Malloch, and women imprisoned, a range of chapters. The chapters are coherent Gill McIvor. policy initiatives have been and there is explicit integration Publisher: Routledge (2013). developed to increase the use of between theory and practice. Part ISBN: 978-0-415-52983-9 community-based responses to one provides a discussion of (hardback) women in conflict with the law. community provisions for women Price: £80.00 (hardback) These initiatives have tended to and how the Canadian experience operate alongside reforms to the demonstrates that well-intended Women, Punishment and prison estate and are often defined correctional policies are easily Social Justice is a very timely work as ‘community punishment’, subverted by criminal justice which is drawn from a series of ‘community sanctions’ and agencies. Gelsthorpe‘s chapter seminars held during the summer ‘alternatives to imprisonment’. emphasises the point that what of 2010. These seminars addressed Women, Punishment and Social ‘works for men’ does not growing concerns about the rise in Justice challenges the contention necessarily work for women and the imprisonment of women and that regimes and provisions within that women are incarcerated in a the ineffectiveness of punitive the criminal justice system are prison system specifically designed responses to women who are in capable of addressing human rights to meet the needs of men. Stressing conflict with the law. Edited by concerns and the needs of the gender equality should not mean Malloch and McIvor Women, criminalised woman whilst that everyone should be treated the Punishment and Social Justice neglecting to engage with the same but, as Baroness Corston provides the reader with an insight wider social and economic issues of suggests, rather ‘treatment as an into the gendered nature of women’s lives. equal’ (p. 18). women’s imprisonment. According The book provides insightful Parts two and three provide to the editors it ‘provides a critical discussions about the increase the reader with descriptions of analysis of approaches and in women’s imprisonment women’s experiences in prison, experiences of penal sanctions, internationally despite the dearth both in the UK and internationally. human rights and social justice as of evidence supporting the rise of Part two focuses on the penal enacted in different jurisdictions women’s criminal activities. The context and part three on within and beyond the UK’. This is key themes are women, community sanctions, human rights especially pertinent in the light of punishment and social justice with and social justice. Throughout both the talk about the collapse of the a strong emphasis on the parts two and three there is an International Criminal Court (ICC) gendered nature of new penal awareness of indirect references to and what this might mean for policies, penal institutions, the Hosie’s argument that a human womens rights, the condemnation provision of services both in and rights approach is vital in order to by the Justice Select Committee as outside the prison, the need for improve the experiences of women to the unacceptable delays in change and the dire lack of who are detained, of their families implementing the Corston Report consideration for complex and those working within the which was published in 2007 and problems related to women’s institution. UN Women organising events at imprisonment and conflict with the In part two Moore and the General Assembly to address law. These themes are addressed Jemphrey’s chapter strongly the issue of women and access to using academic theory, various supports Gelthorpe’s argument for justice. research findings and experiences change, greater cognisance of Prison has often been the which provides the reader with a women’s mental health issues and focus for concerns about human critical lens into how ‘correctional the provision of more adequate rights violations, and campaigns policies become subverted by personal services regarding issues aimed at achieving social justice, criminal justice agenda’ (p. 206). such as menstruation, hygiene and and for those with an interest in the Threading through these themes menopause. Their description of criminalisation of women. Evidence and chapters is the criminalisation women’s experience of seems to suggest that women of women who have mental health imprisonment in Northern Ireland offenders are receiving harsher problems and the failure of succinctly stresses the dire sentences from judges and healthcare interventions to conditions that women prisoners
1. Commission on Women and the Criminal Justice System (Fawcett Society 2006).
54 Prison Service Journal Issue 211 have to endure in prisons that were challenges and discussions as to the Gordaliza’s chapter, where she specifically designed for high contradictions between the foci of raises the question of racist and security male prisoners and male Euro- western and Aboriginal xenophobic issues that target young offenders. References to strip justice. Gitana and Roma young women searches give clear and candid The fragmented, exclusionary throughout the criminal justice accounts of how women’s and marginalisation of women’s system. Malloch and MacIver’s vulnerabilities are exploited within experience of the criminal justice concluding comments detail the the prison system. Serious mental system continues in part three. Here importance of wider political and health problems and self harming Lawston refers to Liberty’s public commitment and socio- are, according to Cole, endemic. experience of the gender responsive economic change. They stress the Her use of the casework of approach which frames parole as need for more resources that will INQUEST to highlight how the being similar to ‘being under not only support women in prison inappropriate use of prison risks correctional control in the but also target issues such as retraumatising women prisoners community’ (p. 109) and a violation homelessness, poverty and social and, in some cases, leading to of human rights in regard to Article injustice. death as in the cases of Petra 5 of the UN Declaration of Human Drawing on international Blanksby (p. 43) and Sarah Rights (p. 15). This is reflected in the knowledge and expertise, the Campbell (p. 45) is thoughtful and argument proposed by Barton and contributors to this book challenge emotional. Mills et al are somewhat Cooper that women’s penal and the efficacy of gender-responsive scathing of the limitations of using correctional institutions do not interventions by examining issues the Diagnostic and Statistical sufficiently address the practical and affecting women in the criminal Manual of Mental Disorders (DSM) ethical problems of women’s justice system such as mental when assessing women prisoners as incarceration. Sheehan continues health, age, and ethnicity. Crucially, 1) they were based on the this discussion in her chapter the book engages with the paradox ‘expectations of male development focusing on risk and how the courts of implementing rights within a and behaviour’, 2) it fails to in Australia should not use the largely punishment-orientated ‘recognise the many symptoms of prison service as social services for system designed to meet the needs mental disorder’ and 3) it tends to women offenders. I found Beglan’s of the male offending population. reflect the experiences of males. research into The 281 Service and Women, Punishment and Social Their experiences of researching the women’s narratives about Justice will be of interest to those mental health problems offer a change quite emotional. Despite undertaking undergraduate and disturbing reflection about the the rise in the imprisonment of post-graduate courses that examine inadequacies of a clinical approach women in Scotland, this service punishment, gender and justice, which is neglectful of recognising provides a forum for discussion as and which lend themselves to an the ‘complexities and context of how to not only manage women’s international / comparative aspect women’s lives’ and this reflects offending behaviour but also how such as criminal justice, criminology, Wahidin and Aday’s reiteration of to provide support when women criminal justice and sociology. It will the point that women prisoners are leave prison. In sharp contrast to also be useful for practitioners treated ‘as an afterthought’ (p. 65). this chapter is Convery’s which undergoing professional training They explore reasons for a rising presents evidence that women’s (criminal justice, social work, health) ageing women prison population in experience of imprisonment in and for those who work with the UK and US as well as the high Northern Ireland is inappropriate, women in the criminal justice prevalence of mental health issues that there is limited response by the system. among ageing women prisoners. State to concerns about women’s Malloch’s chapter on the Okimaw imprisonment and that ‘the state Bev Orton is a Fellow in the Ohci Healing Lodge (OOHL) and has perpetuated inappropriate Criminology Department at the creating a space for ‘healing’ within criminal justice responses’ to University of Hull. a prison environment for Aboriginal women offending and women provides insightful imprisonment, which is evident in
Issue 211 Prison Service Journal 55 Interview with The Venerable William Noblett CBE The Venerable William Noblett CBE was Chaplain General of HM Prison Service between 2001 and 2011. He is interviewed by Martin Kettle who is a former prison manager currently Home Affairs Policy Advisor to the Church of England.
The Venerable William Noblett CBE was Chaplain by the experience of sharing with people of different General of HM Prison Service between 2001 and faith traditions, and have seen the contribution that 2011. He was ordained in 1978 and held a number chaplains from those traditions can make. of posts in the community before becoming The late David Bosch, a South African theologian, in Chaplain of HMP Wakefield in 1987. He continued his magisterial work, Transforming Mission, sums up the to work in prisons for the next decade and a half, real process of transformation for me when he wrote: ‘a holding Chaplain posts at HMP Norwich and HMP paradigm shift always means both continuity and Full Sutton. He has written and published on prison change, both faithfulness to the past and boldness to faith matters, including two books: Prayers for engage the future, both constancy and contingency, People in Prison published in 1998 and Inside Faith: both tradition and transformation … to be both Praying for People in Prison, published in 2009. evolutionary and revolutionary.’ He said that the He has been widely recognized for his faith work transition ‘from one paradigm to another is not abrupt’, and was appointed as one the Chaplains to HM The and the agenda is ‘always one of reform, not Queen in 2005, and subsequently awarded a CBE in replacement’, with ‘creative tension between the new 2012. and the old’. MK: A number of people have said that your MK: What has change meant in practice? great achievement as Chaplain General was to WN: The changes in chaplaincy have been many, broaden prison chaplaincy so that it includes all and initially were not always welcomed. To take forward faiths, at every level. Why did you want to do that? this programme of work we needed to harness the WN: At the time I was appointed as Chaplain contribution of many including Chaplains, Faith Advisers, General the only employed chaplains in the service were Prospect, HR and legal colleagues too. One of the first Christian, and prisoners from other than Christian changes we made, with the support of senior faith traditions were not being enabled to properly practise leaders on what became the Chaplaincy Council, was to their faith. The majority of faith representatives were agree that faith representatives going into prisons to termed ‘visiting ministers’, with many experiencing that minister should be known as chaplains, a term widely as an excluding experience. At a time of great change recognised in the institutional context and already used within the service, chaplaincy needed to be much more by some faith groups other than Christian. We also spelt inclusive, to give greater recognition to the contribution out what that meant with a list of principles for and validity of the ministry of those who were not collaborative team-working. We wanted, and have Christian. Chaplaincy needed to serve staff, prisoners, largely achieved, an inclusive chaplaincy that respects the and faith communities in a way that some described as a integrity of each tradition, working for the common paradigm shift to inclusion — at the same time good of prisoners, staff and faith communities as an maintaining the integrity of each tradition (which has essential part of prison life. always been at the heart of all that we have sought to MK: What obstacles did you have to do) and also to be serving the common good. I believed overcome? there was an imperative for change, and that it was the WN: The obstacles were as much attitudinal as right thing to do. practical, with some chaplains (though not all, as many MK: So you have been a bit of a revolutionary? shared the need for change) and staff saying ‘we have WN: There’s been a lot of change, but hardly a done it this way for hundreds of years, we don’t need to revolution. I believe in chaplaincy — in all that it can change!’ Institutional power and privilege was strong, contribute to the lives of individuals in any institutional and understandably, not easy to change. Change usually context. I experienced it in my time as a chaplain in the requires people to be confident in their own position, RAF, including some time in an RAF hospital, as a TA and those chaplains most sure in their own faith, and the chaplain, and then as a prison chaplain. I have always generosity of that faith, were amongst the first to been committed to collaborative ministry and team embrace a new vision. We required some people to be working, inter, and intra disciplinary. I have been enriched much more professional in their approach to enabling
56 Prison Service Journal Issue 211 the ministry of others. Eleven years on, we rightly take for WN: Yes, there are plenty — again, evidenced in my granted that the needs of all faiths must be met, and book — but also many staff, too. My understanding of that, for instance, the Managing Chaplain role should be chaplaincy, rooted in our Christian understanding, is that open to any employed chaplain. This is not to say we chaplains are there for all within the walls. Chaplaincy is always get everything right, of course we don’t, but as I in a hugely privileged position in England and Wales, and said earlier, it is evolutionary, and the journey continues. is very much part of the whole life of the prison. It can That journey involves an openness to the ideas and and does make a difference, which is why it has endured, theology of different faith traditions, and the theoria and and flourished, despite the constant changes over the praxis of prison ministry place it at the fore-front of inter- years. Religion certainly has the potential to change faith dialogue. people, but with all conversion experiences, especially in MK: You were ordained as a Christian minister. prison, you have to be cautious. What the New Do you think it is harder to proclaim the Christian Testament talks about is metanoia, turning round, real message now than when you joined the Prison transformation. So much of the language about Service? desistance from crime nowadays has strong echoes of WN: I think the proclamation of a Christian, faith language — and we have done a great deal of work incarnational message is never easy, and the complexities to find the common ground between faith perspectives of institutional life, with rapidly and psychological perspectives on changing congregations, add to how people change. This has that difficulty. Congregations in My role in prisons borne fruit in the ‘Belief in prison have changed in my 25 Change’ course. years, with fewer people having tested my MK: Thinking back over any knowledge or experience of understanding of the jobs you have done in the Christianity. That makes the prison service, which was the message, and the way in which humanity, of one that tested you most, and we convey it as we seek to theological and how? connect it to the lives of those in MK: I served for over 14 years prison, much more challenging. moral issues such as in three prisons, two high security But the essence of that message (Wakefield and Full Sutton) and a remains unchanged, and I have evil, redemption, local (Norwich), before going to tried to explore this, and other forgiveness, etc. HQ in 2001. Each of those roles themes, in my book, Inside Faith: was different, given the context, Praying for People in Prison. but the essentials remained the MK: What drew you to prison ministry? same. My role in prisons tested my understanding of WN: As a young student at Salisbury Theological humanity, of theological and moral issues such as evil, College I had visited Guy’s Marsh, in the days it was a redemption, forgiveness, etc. At HQ I was challenged to borstal, and had some direct experience of the ensure the contribution of chaplaincy, seen and conditions, hearing the stories of some of the young men appreciated at prison level, was also visible and relevant held there. In those far-off days we used to take the lads at the centre. And without line management over round Salisbury, as well as leading groups in the prison. I chaplains (all done at local level), we had to use our also heard a talk from a prison chaplain on his ministry, powers of influence and persuasion, to convince people and at that time was convinced the last thing I would of the rightness of what we were doing. The leadership ever want to be called to was prison ministry! Having skills needed in the prison were even more relevant at been a curate in Southampton, I was then a Rector of six HQ. parishes in Ireland, and subsequently an RAF chaplain. MK: Much has been said about the ‘new Going from there to be a vicar in Middlesbrough, I was managerialism’ sweeping through the system in asked to visit a parishioner in Durham gaol. I went to the last few years. We even have ‘managing visit, a little hesitantly, and the rest, as they say, is history. chaplains’ now. Do you think all this business of Prison ministry, and people in prison, have been part of targets, benchmarking and so on gets in the way of my life ever since. I have huge respect for the work of real chaplaincy work? prison staff, and have worked alongside some wonderful WN: ‘Managing chaplains’ are not significantly people in all disciplines. There is something very direct, different from co-ordinating chaplains, but for the first intense, immediate and honest about ministry in prison, time the service has the option of a clearer management that is rare to experience in other situations. structure for chaplains. Chaplaincy changes as the MK: Are there any individual prisoners — no institution changes, it has to, reacting positively, names — who stay in your mind because sometimes with enthusiasm, sometimes with resignation. chaplaincy made a difference to them? It can be a challenging job to manage chaplaincy teams
Issue 211 Prison Service Journal 57 — as many Governors have told me over the years! A selection of recent prison-related Chaplaincy teams also need to support others going titles from Waterside Press through the change process, whilst also helping to ensure it is good for the people at the very centre of the The Little Book of Prison: system. The chaplaincy specification, which also reflects A Beginners Guide the Chief Inspector’s Expectations, is a major step by Frankie Owens forward in setting this out, whilst also helping to improve the professionalism of chaplaincy. The award-winning prison MK: Chaplaincy staffing is not escaping the survival guide of do’s and don’ts. current wave of cuts to front-line services. Are the best days of prison chaplaincy over? £ . | Paperback & Ebook | WN: The harsh reality is that every aspect of NOMS ISBN -- - - | pages expenditure has to be scrutinized and justified at a time of significant financial constraint. Research that I Psychopaths: commissioned a few years ago, drew out something of An Introduction the distinctive contribution that chaplaincy can and does by Herschel Prins make and provided evidence of how chaplaincy is valued by prisoners and staff. It showed something of the An expert introduction based essential nature of the ministry and work of chaplaincy on huge experience. teams. So, no, I don’t think the best days are over — Chaplaincy has always adapted to changing £. | Paperback & Ebook | circumstances whilst making its contribution to the lives ISBN -- - - | pages of those in prison, and will continue to do so . For example, I mentioned the Belief in Change Amin’s Soldiers: programme currently running in two prisons. We A Caricature of Upper Prison developed it to bring together faith and psychology in a by John Pancras Orau positive and dynamic way that could, potentially, help some offenders to change their thinking, and the way A true story of hope and they lead their lives. It is a rare example of such an inter- belief — a masterpiece of disciplinary approach. It may soon be adapted for use tragicomic writing. with offenders in the community. The programme uses volunteers from the wider community, something that £. | Paperback & Ebook | chaplaincy has always been able to offer, working in ISBN -- - - | pages partnership with a number of organizations and groups concerned for prisoners and for their support on release. Also too, the development of the Tarbiyyah course, Life Imprisonment: led by the Muslim Adviser, to help increase the An Uno cial Guide understanding of Islam by Muslim prisoners, and the by Alan Baker faith awareness booklet and other materials designed to increase staff awareness of religious issues to enable A snapshot by a serving lifer them to deal with the faith needs of the prison which treats key topics in 40 population in an informed and professional way. This is easy to read sections. in a huge number of prisons now. We have had to work these initiatives up from scratch — there is nothing quite £ . | Paperback & Ebook | like them elsewhere. ISBN -- - - | pages MK: For all the multi-faith developments we notice that the new Chaplain-General is a Church of England priest. Do you think that’s how it FREE delivery & more titles: WatersidePress.co.uk should be? WN: Chaplaincy has worked incredibly hard over the past ten years to ensure that chaplains from each WATERSIDE PRESS faith are part of the team. As I have mentioned, this has led to the role of managing chaplain being open to any employed chaplain. Whilst I would have wished to have
58 Prison Service Journal Issue 211 seen that same opportunity reflected in the recent WN: Ever since my earliest encounter with suicide competition for the Head of Faith and Chaplaincy in prison, in my first few weeks at Wakefield, I have Services post, it was not to be, on this occasion. been concerned about the impact of such an action MK: What advice would you give your on staff, on other prisoners, and, of course, on the successor? family and friends of the person who has died. I am WN: I don’t think it would be appropriate for me just beginning some voluntary work with a very to offer advice to someone who has already been special charity, Survivors of Bereavement by Suicide, appointed, but I am confident that Mike Kavanagh will who provide just the sort of support needed by many continue to lead chaplaincy in a very positive way on its who have been bereaved in that way. A training developing journey. I know he is leading a very good package will soon be available for people such as team of people at HQ, with the support of NOMS, as in Prison Family Liaison Officers, which we hope to offer turn the team seek to support chaplaincy teams, to the NOMS. I feel very privileged to be one of their managers, Governors, and faith communities. It is an Patrons, and intend to be very active within the exciting time, and I wish him well, as I do the HQ team, charity. and chaplaincy teams in prisons. Other than that, I have deliberately taken ‘time MK: How retired are you planning to be? Are out’, but hope to make some appropriate contribution there any prison causes that you will be in the years to come. championing in the years to come?
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2 Editorial Comment
Purpose and editorial arrangements Nick Hardwick is HM Chief Inspector 3 Perrie Lectures 2013 of Prisons. Lesson for the Prison Service from the Mid-Staffs Inquiry The Prison Service Journal is a peer reviewed journal published by HM Prison Service of England and Wales. Nick Hardwick Its purpose is to promote discussion on issues related to the work of the Prison Service, the wider criminal justice system and associated fields. It aims to present reliable information and a range of views about these issues.
Ian Mulholland is Deputy Director of 14 Perrie Lectures 2013 The editor is responsible for the style and content of each edition, and for managing production and the Public Sector Prisons. Contraction in an Age of Expansion: Journal’s budget. The editor is supported by an editorial board — a body of volunteers all of whom have worked an Operational Perspective for the Prison Service in various capacities. The editorial board considers all articles submitted and decides the out - Ian Mulholland line and composition of each edition, although the editor retains an over-riding discretion in deciding which arti - cles are published and their precise length and language.
Dr Andy Aresti is a lecturer at 19 Perrie Lectures 2013 University of Westminster. He is a former prisoner. A Convict Perspective From May 2011 each edition is available electronically from the website of the Centre for Crime Dr Andy Aresti and Justice Studies. This is available at http://www.crimeandjustice.org.uk/psj.html
Circulation of editions and submission of articles Jason Warr is Programme Manager 25 Perrie Lectures 2013 and Research Co-ordinator at User Does Prison Size Matter? Voice and a PhD candidate at the Six editions of the Journal, printed at HMP Leyhill, are published each year with a circulation of approximately University of Cambridge. He was Jason Warr formerly a prisoner. 6,500 per edition. The editor welcomes articles which should be up to c.4,000 words and submitted by email to [email protected] or as hard copy and on disk to Prison Service Journal , c/o Print Shop Manager, HMP Leyhill, Wotton-under-Edge, Gloucestershire, GL12 8HL. All other correspondence may also be sent to the Yvonne Jewkes is Professor of 31 Perrie Lectures 2013 Editor at this address or to [email protected] . Criminology at the University of Leicester. Prison Contraction in an Age of Expansion: Size Matters, but does ‘New’ equal ‘Better’ Footnotes are preferred to endnotes, which must be kept to a minimum. All articles are subject to peer in Prison Design? review and may be altered in accordance with house style. No payments are made for articles. Yvonne Jewkes
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Dr Linda Kjaer Minke, Assistant 37 A Study of Prisonization among Danish Prisoners Professor at University of Southern The Journal is distributed to every Prison Service establishment in England and Wales. Individual members of Denmark, Institute of Law. Dr Linda Kjaer Minke staff need not subscribe and can obtain free copies from their establishment. Subscriptions are invited from other individuals and bodies outside the Prison Service at the following rates, which include postage:
United Kingdom single copy £7.00 one year’s subscription £40.00 (organisations or individuals in their professional capacity) Paul Addicott Editorial Board William Payne £35.00 (private individuals) HMP Pentonville Dr Jamie Bennett (Editor) Business Development Unit Dr Rachel Bell Dr David Scott HM & YOI Holloway Governor HMP Grendon & Springhill University of Central Lancashire Maggie Bolger Dr Karen Harrison Dr Basia Spalek Overseas Prison Service College, Newbold Revel University of Hull University of Birmingham Dr Alyson Brown Professor Yvonne Jewkes Christopher Stacey single copy £10.00 Edge Hill University University of Leicester Unlock Dr Ben Crewe Dr Helen Johnston Ray Taylor one year’s subscription £50.00 (organisations or individuals in their professional capacity) University of Cambridge University of Hull HMP Pentonville Paul Crossey Martin Kettle Dr Azrini Wahidin £40.00 (private individuals) National Operational Services Church of England Queens University, Belfast Eileen Fennerty-Lyons Dr Victoria Knight Mike Wheatley North West Regional Office De Montford University Directorate of Commissioning Dr Michael Fiddler Monica Lloyd Kim Workman Orders for subscriptions (and back copies which are charged at the single copy rate) should be sent with a University of Greenwich University of Birmingham Rethinking Crime and Punishment, NZ Steve Hall Alan Longwell Ray Hazzard and Steve Williams cheque made payable to ‘HM Prison Service’ to Prison Service Journal , c/o Print Shop Manager, HMP Leyhill, SERCO Northern Ireland Prison Service HMP Leyhill Wotton-under-Edge, Gloucestershire, GL12 8BT.
Prison Service Journal Issue 211 Issue 211 Prison Service Journal PPRISONRISON SSEERVICERVICE JOURPRISON SERVICE NAL OURNALAL J January 2014 No 211 This edition includes:
Perrie Lectures 2013:
Lesson for the Prison Service from the Mid-Staffs Inquiry Nick Hardwick
Contraction in an Age of Expansion: an Operational Perspective Ian Mulholland
A Convict Perspective Dr Andy Aresti
Does Prison Size Matter? Jason Warr
Prison Contraction in an Age of Expansion: Size Matters, but does ‘New’ equal ‘Better’ in Prison Design? Yvonne Jewkes
Interview with The Venerable William Noblett CBE Perrie Lectures 2013 Martin Kettle Contraction in an age of expansion