The encounter Royal S ociety of Edinburgh

Alternatives To Prison

Report of a Conference organised by The RSE: Educational Charity & Scotland’s National Academy Encounter and 22-26 George Street Edinburgh EH2 2PQ The Royal Society of Edinburgh e-mail: [email protected] Tel. 0044 (0)131 240 5000 Minicom: (0)131 240 5009 www.royalsoced.org.uk 7-9 December 2006 CONTENTS

Acknowledgements...... 2

Programme...... 4

Alternatives To Prison ...... 7

Appendix One: Speakers’ Biographies ...... 34

Appendix Two: Participant List ...... 39

Rapporteur: Elizabeth Aston

Alternatives To Prison: 7-9 December 2006

© The Royal Society of Edinburgh: February 2007

ISBN: 978 0 902198 25 8

Requests to reproduce all or part of this document, larger print versions or more copies, should be submitted to: Stuart Brown The Royal Society of Edinburgh 22-26 George Street Edinburgh EH2 2PQ

e-mail: [email protected] Tel: 0044 (0)131 240 5000 Minicom: 0044 (0)131 240 5009

www.royalsoced.org.uk

Opinions expressed in this report do not necessarily represent the views of The Royal Society of Edinburgh, nor its Fellows. 7-9 December 2006

Encounter and The Royal Society of Edinburgh wish to acknowledge the support of

Scottish Executive

The Robertson Trust

The Airborne Initiative

Consulate General of Ireland in Edinburgh

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and thank the Organising Committee:

Sir David Blatherwick KCMG OBE UK Joint Chair, Encounter

Lia Brennan Events Officer, The Royal Society of Edinburgh

Róisín Calvert-Elliott Events Manager, The Royal Society of Edinburgh

Richard Holloway FRSE Former Bishop of Edinburgh and Primus of the Scottish Episcopal Church

Dr Magnus Linklater FRSE Columnist, The Times & Scotland On Sunday

Peter Lyner OBE UK Administrator, Encounter

Susan McVie Senior Research Fellow, School of Law, University of Edinburgh

Dorothea Melvin Irish Joint Chair, Encounter

Trevor Royle FRSE Former Deputy Chairman, The Airborne Initiative

Dr Salters Sterling Irish Administrator, Encounter

Professor Jackie Tombs Professor of Criminology, University of Stirling

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CONFERENCE PROGRAMME

14.00 Registration and Coffee

14.30 Welcome Sir Michael Atiyah OM FRS PRSE HonFREng Hon FMedSci HonFFA President, The Royal Society of Edinburgh

Sir David Blatherwick KCMG OBE UK Chair, Encounter

Dorothea Melvin Irish Chair, Encounter

14.40 Criminal Justice In These Islands Cathy Jamieson MSP Minister for Justice, The Scottish Parliament

15.00 Session 1 Chairperson: Tom O’Malley Barrister and Senior Lecturer in Law, University College Galway

Overview and Scene Setting Baroness Linklater of Butterstone Chair, Rethinking Crime and Punishment

15.15 Elfyn Llwyd MP House of Commons

15.30 Claire Hamilton LLB Lecturer in Criminology, Dublin Institute of Technology

15.45 Dr Lesley McAra Senior Lecturer in Criminology, University of Edinburgh

16.00 Discussion Session

16.45 Afternoon Tea/Registration for The Airborne Initiative Evening Lecture

17.30 Welcome and Introduction Dr Alan Rutherford OBE Co-founder and Former Chairman, The Airborne Initiative

17.35 Handcuffed With Kindness: Towards A Deeper Understanding Of Youth Crime Camila Batmanghelidjh Director and Founder, Kids Company

18.25 Discussion Session

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18.50 Vote Of Thanks Trevor Royle FRSE Former Deputy Chairman, The Airborne Initiative

20.00 Dinner Speaker The Lord McCluskey

Friday 8 December 2006

Session 2: Does Custodial Sentencing Work? - The View From Both Sides Chairperson: Professor Jackie Tombs Professor of Criminology, University of Stirling

09.00 Professor Andrew Coyle CMG Former Prison Governor, International Centre for Prison Studies, University of London

09.15 Andrew R C McLellan HM Chief Inspector of Prisons, HM Inspectorate of Prisons for Scotland

09.30 Erwin James Journalist and Author, who was in prison for 20 years

09.45 Discussion Session

10.45 Morning Coffee

Session 3: Alternatives To Prison Chairperson: Professor Richard Sparks Professor of Criminology, University of Edinburgh

11.15 Sir Anthony Bottoms FBA Wolfson Professor of Criminology, University of Cambridge

11.30 David Casement Recorder of the Crown Court and Barrister at Exchange Chambers, Manchester

11.45 Governor John Lonergan Mountjoy Prison, Dublin

13.00 Lunch

14.00 Session 4: Discussion Session Chairperson: Rt Hon Lord MacLean PC QC FRSE Senator of Her Majesty’s College of Justice in Scotland

16.00 Close

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20.00 Dinner Speaker John Rowe QC Former Chairman of the Bar of England and Wales

Saturday 9 December 2006

Session 5: Youth and Justice Chairperson: The Rt Hon Lord Hope of Craighead FRSE Lord of Appeal in Ordinary, The House of Lords

09.30 The Rt Hon The Lord Phillips of Worth Matravers The Lord Chief Justice of England

10.00 The Hon Mr Justice John L Murray Chief Justice, Ireland

10.30 Session 6: Judicious Summary / Concluding Remarks Baroness Vivien Stern CBE Senior Research Fellow, International Centre for Prison Studies, London

11.30 Close

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Cathy Jamieson MSP, Minister for Justice, ask ourselves why we still have so many people in Scottish Parliament told us she is proud of recent prison for short sentences and why alternatives to radical reforms, which have put victims, witnesses prison lack credibility with the public. Scotland has and public safety at the heart of Scotland’s Criminal led the way in the UK in setting up specialist courts Justice system. Crime is down, we have more (for example youth courts and a domestic abuse police officers, clear up rates are at historically high court), which have adopted a problem-solving levels and people in Scotland are safer in their approach, provided access to a good range of homes and on our streets. Her ambition is to have interventions and brought the offender to account a criminal justice system to which other jurisdictions though regular reviews in front of the same Sheriff. will aspire. She said we respect the rights of The Minister also told us about the 218 Centre in individuals, but we also expect individuals to take Glasgow, a small residential facility with a day-care responsibility for their own actions. The public centre for women in the criminal justice system. expects that offenders will be punished for their The 218 Centre combines criminal justice, social crimes and they will be given opportunities for work, addictions and health services and offers a rehabilitation. They also want a system which package of services designed around the specific makes offenders less likely to re-offend. In order needs of female offenders. She said many female to keep the public’s confidence, we must offenders would be better dealt with in the demonstrate that the justice system is on the side community rather than in prison. With regard to of the communities who suffer most from the problem of short prison sentences for fine offending. We need a smarter, sharper, more default, she told us about a recent pilot of the focused justice system, where we know what is mandatory use of Supervised Attendance Orders, effective and build on what works. which are expected to be rolled out nationally.

Today Scotland’s prison population stands at 7,128 For community sentences to succeed, they must and Ms Jamieson emphasised that for every challenge offending behaviour; assess and manage prisoner there is a victim, family or community that risk; be tough on compliance and enforcement; has been damaged. Although Scotland is and help individuals to access the services to move struggling with an increasing prison population, we on to positive lifestyles. The Minister pointed out have one of the widest ranges of community that Scotland has more offenders in prison and sentences in Western Europe and their use has more offenders on community sentences at a time been steadily growing over the past few years. when the crime rate is falling, which suggests that She said one of the main problems is Scotland’s the system is getting tougher – a message which unacceptably high rate of re-offending. She told has not got through to the media or the public at us it is not simply a matter of resources, because large. She does not want community sentences funding has increased by over 50% in the last five to be seen as the soft option; there should be more years to a record £103 million next year. At the emphasis on reparation – short, sharp, quick and centre of Scotland’s reforms are eight new visible solutions in which communities are given a Community Justice Authorities (CJAs), which have say in the work offenders should do. She spoke each prepared an area plan to reduce re-offending, about the fact that few Community Reparation translating national priorities into local action. Ms Orders have been imposed in the pilot courts and Jamieson wants the justice system to reflect and said that they are deliberately targeted at lower engage with the concerns of local people and level offenders with the intention being to stop deliver changes in communities. She wants CJAs offending becoming persistent or serious and to bring agencies together at the local level to reduce the numbers who go on to face a prison tackle the causes of offenders’ behaviour and sentence. other problems such as addiction, homelessness, unemployment and mental illness. The Minister wants to see a rebalancing of the system with more emphasis on prevention and Prison will always have an important place in any early intervention, especially to stop young people well-run criminal justice system, to protect the coming into the criminal justice system in the first public from serious and dangerous offenders. She place. She spoke about the Custodial Sentences said it is her responsibility as Justice Minister to and Weapons Bill and the fact that every prisoner ensure that courts in Scotland have access to the will serve part of his sentence in custody and part right range of community sentences. We must in the community. The Justice Minister emphasised

7 7-9 December 2006 that custody and community penalties are different in the Thames Valley, which is to do with making points on a continuum of options. She said the effective connections between local communities public and the Politicians are not unduly punitive. so that ordinary people have a say in what They both want a good quality of life where our happens and unpaid work or reparation is real, homes and streets are safe, a justice system that visible and meaningful. will help turn the lives of offenders around, give them opportunities to change but make it clear Elfyn Llwyd MP, House of Commons spoke that there must be consequences for those who about access to justice, current sentencing policy continue to offend. She concluded by saying we and the future. He told us how access to justice can only make this work by working together. has been eroded over time. In his constituency, which is one of the largest in Wales, there were Session 1: Criminal Justice in These Islands seven magistrates in the 1970’s and now there is Chairperson Tom O’Malley, University College only one. It becomes almost impossible to comply Galway with bail conditions when a defendant is expected to travel by public transport to a court that is Baroness Linklater of Butterstone, Chair of seventy miles away from their home and present Rethinking Crime and Punishment provided us themselves there at 10 am. A magistrate is with a general introduction to the conference. She expected to sentence offenders without having a expressed her desire that everyone at the good local knowledge of the area, its inhabitants conference would take forward what they have or its socio-economic background. He is concerned learned at the conference in practical ways. She with the fact that fewer applications are being reminded us that victims and offenders are often received for magistrates. Also, in order to ensure one and the same people. She told us we have a access to justice we must provide good quality legal criminal justice system in a state of crisis, talked advice which is publicly funded. With remuneration about the increasing complexity of the sentencing being cut year on year, solicitors’ firms are opting framework and a custodial system, which is over out of publicly funded work, resulting in a shortage. used and over stretched. It is a system, which Liberty is at stake and there is a danger of creating nourishes re-offending and worst of all, leaves tens a situation where justice will be available for those of thousands of children without parents. In the who can afford it and something of a lesser context of the huge social costs of imprisonment, standard will be available to others. He said that including family breakdown, loss of a home, job if the Government brought in the idea of a public etc., she said that the importance of developing defender system, this would strike a blow against alternatives to custody has never been more one of the bulwarks of democracy – an pressing. Prison should do the job it was intended independent legal profession available to all. He for, to take care of dangerous and persistent concluded that if access to justice is to have any offenders from whom we need to be protected. meaning then we need to provide ready access to But crime is going down and we must find ways to good legal advice which is publicly funded and reduce the use of imprisonment, which is a task courts which are presided over by a local lay for Sentencers, Politicians, social care professionals, magistracy. thinkers and everyone present. She urged everyone to come away from the conference with Mr Llwyd spoke about sentencing policy and prison the ability to make a difference and make a overcrowding. He pointed out that criminal justice change. in general, and sentencing in particular, is and has always been a political football. Political parties Young people must be our highest priority, they get into a bidding war about how to denigrate are our tomorrow and we have a duty to do better offenders, usually to the background music of the for them. She implored us to do all we can to tabloid drumbeat. He suggested that if the keep young people away from the criminal justice question were de-politicised the system could be system and away from prison for as long as greatly improved for the benefit of society and the possible. She is outraged that in England we have taxpayer. Practitioners have long come to the young people as young as 12 in secure institutions. conclusion that, for many offenders, prison simply The core of the debate is alternatives to prison. does not work. He used the analogy of an ocean- She told us about the second phase of Rethinking going vessel, saying that even if there were a Crime and Punishment, the ‘making good’ project complete change of heart about custody it would

8 7-9 December 2006 Alternatives To Prison take a long time to stop or turn around. seen as a more powerful presence. There are daily Rehabilitation in prison has been undermined by occurrences of miscarriages of justice and it is not cutbacks and it is clear that if prison does not make true that the innocent have nothing to fear. She a real difference to the individual’s life chances on also talked about the ‘myth of the other’, saying release, then prison is merely an expensive revolving that rights belong to all citizens and everyone needs door, costly to society and useless to the offender. to be concerned about legislative attempts to Prisons should have considerable drugs reduce the rights of the accused. rehabilitation capacity and Mr Llwyd described The Drug Rehabilitation Scheme at Altocures Prison in Ms Hamilton spoke about the Criminal Justice Act Liverpool. He sees housing as being central to 2003 and the idea of rebalancing the system in reducing re-offending, yet 30% of prisoners are favour of victims. She told us the conviction rate released each year with nowhere to live. The is 95%; only 5% are acquitted. She also spoke National Assembly for Wales has led the way in about the bad character rule of provisions in which giving top priority to released prisoners in the the assumption of non-admissibility changed to allocation of local authority-owned property in admissibility. She talked of reasoning prejudice, Wales. We need to re-think who should go to which places undue weight on previous offending prison and think about mental health facilities, and does not take account of police practice of drugs intervention, education and training and rounding usual suspects up, or the possibility of reducing overcrowding. reform. She questioned how retrial for serious offences, in which new and compelling evidence Mr Llwyd called for a complete overhaul of prisons, can be admitted, could fit with the presumption an audit of who should be in there and a genuine of innocence. This has been criticised by human and huge commitment to community-based rights organisations. Also the Criminal Justice penalties. These can be effective in reducing re- Ireland Act 2006, which controversially gives the offending rates and can be made socially and Gardai search warrants. politically acceptable. We should be telling the public that: community-based penalties are cost- Ms Hamilton then spoke about the Irish Criminal effective; a form of redress; more effective in Justice Act 2006 and the rhetoric of balancing the terms of re-offending; and the widespread use of system in favour of victims. Anti-Social Behaviour properly structured and properly supervised Orders are civil orders, initiated via civil process, community sentences would take the pressure off yet their breach is a criminal offence, which can the prison estate. Mr Llwyd supports the local be met with six months in prison. She questioned partnership approach of the Coalition on Social whether the presumption of innocence is and Criminal Justice, which brings in social services, meaningless when a civil label can change to probation service, health service and magistrates. criminal proceedings. New rebalancing proposals There should be adequate levels of investment in involve pitting the rights of victims against those the probation service. In the 1970s he saw of the accused. She also spoke about the dedicated Probation Officers working with presumption of innocence and the right to silence. offenders who have now become respected She claimed that it is a trite law that the accused members of the community. He said he would is presumed innocent. There had been a serious dread to think what would have happened to them attenuation in terms of the practical effects of the if they had offended now, as he fears they would presumption of innocence. Ms Hamilton concluded have taken the wrong route at the crossroads in that we merely pay lip service to this fundamental their lives and may have gone into a Young right. Offenders’ Institution. Dr Lesley McAra, University of Edinburgh Claire Hamilton, Dublin Institute of Technology assessed the impact of devolution on criminal spoke about express attacks on the presumption justice in Scotland and made three claims: of innocence, which are contained in recent 1) The massive transformation in youth and legislation. She illustrated this by quoting Tony Blair adult criminal justice since devolution is who said “it is perhaps the biggest miscarriage of indicative of a degree of policy justice in today’s system when the guilty walk away convergence with England and Wales and unpunished.” She spoke about the myth of the has resulted in a shift away from a benign state and said the state could in fact be predominantly welfare-based system, to

9 7-9 December 2006

one underpinned by a range of competing Criminal Justice targets are to be achieved by and somewhat contradictory rationales, a improving multi-agency partnership through the process which she termed ‘de- provision of a raft of specialised community based tartanisation’. services which are aimed at tackling offending and 2) Many of the new arrangements may be in criminogenic need and they are also expected to danger of failing because they have been be achieved through the provision of a broader founded on moral panic about rising levels set of more social policies orientated services. of crime, particularly youth crime and anti- Many of these service developments are absolutely social behaviour, which is not based on laudable and evidence-based and Dr McAra fully scientific evidence of effectiveness. supports what they are trying to do, but the targets 3) Unless great care is taken, the youth and that agencies involved are required to meet to adult criminal justice systems in Scotland demonstrate success are extremely problematic. may be heading for a major crisis of She questioned the evidence on which current legitimacy, when a more modest agenda, targets for crime reduction are based. This is based around traditional Scottish welfare because aggregate rates, which are going to be values, may better serve offenders and the used to measure success, are more a measure of communities in which they live. institutional working practices than they are of individual change. To see whether the raft of Dr McAra explained that from about the 1970s programmes and services are truly effective in until the mid 1990s, the Scottish adult and juvenile reducing offending would require the analysis of justice systems followed a different trajectory from individual pathways through the system and very a number of jurisdictions across the United States careful exploration of the cumulative effect of and also Europe, due to their continued systemic contact. Also, the targets, especially those commitment to penal welfare values. This was in for youth justice, may be based on over-optimistic contrast to developments in many other assumptions about what services can in practice jurisdictions, for example England and Wales. In deliver. The final point about targets is that no the period since the mid 1990s in Scotland, core quick fix is possible for some of the problems aspects of welfarism have been abandoned and a presented by offenders. Many of the problems whole raft of new institutions and procedures have presented by adult offenders, especially those who been grafted onto both the adult and juvenile have been in prison are deep-seated and very long justice systems. The changes that have been standing. Similarly, for young people it would take made to the system, rather than reinforcing the many years before we know whether early distinctiveness of Scotland in the post- intervention strategies will actually impact to devolutionary era are instead indicative of a degree reduce the number of future persistent offenders. of policy convergence with the system south of the border. Dr McAra argued that the aim of system to support stronger, safer communities is in danger of being One of the driving forces behind change has been subverted by tensions in the broader policy frame. increased concern about rising levels of crime and She questioned how a community can function as anti-social behaviour in Scotland, particularly in either a site of governance or a mode of relation to youth crime. This has been fuelled by governance if it is not already an effect of ministers, the media, and by a small number of governanc;, if it is not already mobilised as a communities across Scotland. She said their claims functioning entity. The mobilisation of community are not well founded, according to government is of course an enormously difficult challenge in published statistics. All available indicators for both the face of the concentrated effects of poverty adults and young people in Scotland show that and social exclusion in some areas. Research has crime rates have generally levelled off or fallen found that people living in poverty do not generally since the early to mid 1990s. These sorts of moral become influential in decision-making and that panics can contribute to system failure because ethnic minority groups and young people are often they lead to distorted perceptions about the marginal to local policy debates. A key concern magnitude of crime, which in turn can increase to this marginalisation, particularly to young public fear and in particular fears about young people, is going to be further exacerbated by the people. This reduces the capacity of criminal justice more exclusionary elements of the criminal justice agencies to deliver the public reassurance. policy frame and in particular the new anti-social

10 7-9 December 2006 Alternatives To Prison behaviour policy frame. George Irving said that anti-social behaviour is a Dr McAra concluded by saying we need to real and major issue, Politicians often reflect the understand more and condemn a little less. She concerns of the public. Education is a two-way thinks that the transformations to adult and youth process and he is optimistic about the Community justice in post-devolution Scotland stand on Justice Authorities. somewhat shaky foundations. System failure is a real possibility if unrealistic targets are not removed Kathleen Marshall spoke about the rights of and if policy-makers and Politicians do not take a children and the presumption of innocence. She more long-sighted view of the complexities asked how we can educate the public in order to involved in transforming the lives of individual avoid ‘the myth of the other’. offenders. Devolved governance in Scotland requires a bolder vision; a vision which at minimum Colin Moses said Islam phobia is rampant, recognises that criminal justice systems in politicians do not want to engage and the growth themselves cannot make the wider public feel in prisons is politically driven. He asked what the safer, nor can they completely eradicate risks; that real alternative is, what we can do about care in punitive measures and tough talk are more often the community because prisons do not work. the refuge of weak rather than strong governments; and that the most effective way of Sheriff Sheehan talked of desire to extend the reducing re-offending and promoting social powers of Children’s Panels up to age eighteen in inclusion is to place social justice at the heart of order to avoid labelling offenders by dealing with criminal justice. She ended her paper with a plea needs not deeds. He said we could have done for some re-tartanisation. something positive.

Discussion Session Baroness Linklater pointed out that alternatives to Sir Moray Stewart asked if the speakers thought prison can be tougher. She spoke of a politics of the terrorism issue had played a role in this state fear where we are getting more and more scared of affairs. of children and alienating young people.

Breidge Gadd asked us to imagine we were Elfyn Llwyd said one-third of those in prison should dealing with an illness and there was a particular not be there and called for proper community- method of intervention that worked. How would based penalties. we feel if almost forty years later we had another conference and there had been no change, policies Lesley McAra said in relation to community being remained the same? hugely important, we have to ask whose community, because people are excluded from the The question was asked as to whether the community and other people purport to represent speakers thought the Scottish experience of the community, but young people are marginalised. reduction of welfarism that came with increased political control may be replicated in a Northern Airborne Initiative Evening Lecture Irish context. Dr Alan Rutherford, Co-founder and Former Chairman of the Airborne Initiative descrobed Lesley McAra responded by saying that the the Airborne Initiative for high-tariff young male climate of insecurity has involved the merging of offenders which ran from 1994 to 2004. Airborne moral panics, which has fuelled public fears. There was visited by many Politicians and consultants, are mechanisms for tackling this deep-seated all of whom agreed it was at the cutting edge and anxiety, which are preferable to a knee-jerk there was nothing else to compare. He explained reaction. how they had bought new premises, developed the course design and grown with the help of their Claire Hamilton said fears have been ratcheted staff. However, after some negative media up and there is an air of punitiveness where giving publicity, funding was withdrawn. This move was people more is equated with an increased punitive met with an outcry of support, which shocked the attitude. She said we should insist on direct Parliament. They were promised funds would be government, include people and consult with them. ring fenced for Airborne. They got together an

11 7-9 December 2006 independent consultancy and wrote a book on in our ability to choose. In the context of the inner lessons learned over the last ten years. Jack city experience, ghettos have created an McConnell promised a ‘new phoenix’ would arise alternative power structure. When the legitimate to address the client group, but nothing has power structure, which is rapidly progressing, happened. Dr Rutherford challenged the First excludes a group of people, the social kindness is Minister to live up to that promise. forgotten. In our society the individual is the commodity, in which a personal level of excellence Camila Batmanghelidjh, Director and Founder and skill is based on the ability to market and of Kids Company spoke about what she has transform oneself. Some people who have had learned from the children she has worked with. traumatic family experiences have difficulty When she started she did not have any pre- concentrating for example. While one set of conceptions and was ignorant about the issues. society is able to achieve this, the other set cannot, She spoke about the beginnings of Kids Company instead they create an illegitimate structure, which and how a culture developed whereby they were has equal power balance, for example the drug able to support the kids. Camila Batmanghelidjh economy in Peckham. It is extremely difficult to described how the learning began when similar live on £42.50 a week and buy food, pay bills and themes emerged from the two hundred life stories a bus pass. There are large numbers of young she wrote down. The story is of a young child people in savage hostels, which are dirty, who describes being terrified and terrorised. They repeatedly broken into and where drug dealers describe themselves as being their mother’s recruit them into the alternative economy, which handbags or having watched the dog being shot gives them another legitimate way of living based in the house. As a result of these traumatic on their experiences. This is another kind of Britain experiences the child puts up a period of protest, where people are living within that alternative screaming and doing everything they can to make economy. The legitimate structure has taken away the adults change. When their situation does not its dignity. The power base can easily be toppled change they react by shutting down their capacity through violence. It is not simply about poverty, to feel. They do not care anymore as they have but about the drama of respect. If they are not become emotionally cold and numb, they do not offered resources they steal it, take it, giving itself elicit emotionality from other people. They put the dominant psychosocial space. Camila out a self-protecting barrier, which says ‘do not Batmanghelidjh agrees that this is bad but posits come near me’. They talk of being stabbed or that civil society is underestimating its role. The battered as though it was nothing but part of the truth is that the power for policies, government, normal way of being. So now you have a child and distribution of resources are all made in the who has absorbed trauma, shut down and become legitimate space. These flawed decisions have a emotionally numb. Part of their transition from huge impact, and hence civil society is equally victim is the discovery of their strength, their power responsible for street-level society. to be aggressive and violent. The child has the option to align himself with the perpetrator rather This is where Kids Company comes in. They help than the victim, the capacity to do the attacking, the five to seven-year-old kid whose mother is a which is facilitated by the fact that they have shut drug addict or schizophrenic and is harming the down their capacity to feel. Their empathic children, who can directly access their services. repertoire is not available and so the barrier to She says that in the legitimate structure we make violence has been violated. The adolescent would the assumption that behind every child is a prefer to be the perpetrator because there is less responsible adult, but large numbers of adults are humiliation (which involves loss of dignity and not capable. Kids Company discovers things such power), so they resolve never to be humiliated as emotional abuse and neglect. It is hard to get again. Camila Batmanghelidjh described how at kids protected and their cases resolved. There are street level there is a preoccupation with respect. flaws in that too many shortcuts are engaged in When you do not have love the next best thing is and the well being of children is not prioritised respect. enough. Camila spoke of the joy in helping, with the helper being just as enriched. However, The next layer is environment and society. Camila workers enter the caring profession with huge Batmanghelidjh spoke of the discrepancy of wealth aspirations, but the transformative creative and possibility, in which there is a huge discrepancy opportunity is knocked out of them and they

12 7-9 December 2006 Alternatives To Prison sometimes shut down their capacity to feel. She hate you for making them feel. This is the repair said the deadening of our emotional lives is costing work, if they can feel and access their emotions us the breakdown of our social structures. they are more likely not to hurt people.

Survival at street level is about maintaining respect, People ask if the damage is repairable. Yes, you which can be established in two ways. They can put in love and care and kindness into their believe that if you notch up your violence credit repertoire. It does work but it is labour-intensive. rating you are less likely to be a victim; if you wear Forty of their kids went to University this year. The designer clothes it is assumed you must have got kids gave Kids Company a 95% effectiveness them illegally so you are up in your credit rating rating in research by London University. Camila and less likely to get attacked. This group have said we must try to see the world from their been chronically abandoned from early childhood; perspective. One lot of us is not born moral and they are living in dangerous places. They perceive others immoral. The truth is that civil society has us to be moving ahead and leaving them behind lost sight of kindness, social generosity, collective and are angry at the social structures that have care and we are breaking the fabric of society for abandoned them. They turn themselves into lethal these kids and ourselves. The challenge is to have weapons to survive on their own terms. robust compassion.

She explained how one thing made her curious, Discussion Session that the kids could not calm down, and so she Tim Guiheen said that this was one of the best looked at the neuroscience literature. She spoke pieces of lateral thinking he had ever heard in his of dangers of fractured attachment and life but there are no votes in it. disturbances. The brain activity of mother and baby is synchronised. Early cooing stimulates the frontal Tom Balfour asked Camila about fundraising. area of the child, so the baby understands there is She explained how for nine years they had no a central caregiver around to calm and soothe. government funding. Then the Treasury gave them This ability to self-soothe and calm is linked to their grant of £1 million a year, which will run out in capacity for empathy. Traumatic events seal deep 2008. The Local Authority tells them there is no in the limbic area, fear, shock and adrenaline seals funding but they have to keep pressure up so there those memories. These kids do not have external is an opportunity for the kids’ voices to be heard facilities to keep them calm, these memories are in the mainstream. coded at cell level. They are in a constant state of emergency, they cannot calm down. Anything can Lord McCluskey asked whether the children came trigger arousal mechanism. This aroused kid in a back when they were older. Camila state of terror wants to be over-aroused, when Batmanghelidjh told us how they are open six days drugs get into their systems there is a cocktail of a week, provide three meals a day and have thirty- challenges. five staff on duty. The older kids have come back to help and the older boys tell them who is drug How does Kids Company deal with this in the running and who is prostituting. The ones who thousands of kids they work with at a street level? have their own flats open up for Sunday lunch and First they aim to remove the external factors by they provide an amazingly supportive network. finding them somewhere to live, feeding them, They are extraordinary kids, they do behave making sure they have some routine, and removing dangerously and violently but they are phenomenal reasons for urgency. Secondly they systematically in their ability to help each other. bring their adrenal function down and challenge the build-up of aggressive energy, begin alternative Graham Howes asked about Camila’s relationship therapies and improve their diet. Along with the with the people who teach the kids in school. environmental and physical they put in the Camila said the teachers gave Kids Company an psychological, by returning to them their ability to 88% effectiveness rating. They have a delicate feel. She said that surveillance cameras can not way of working, with a team leader staying in the solve the problem, it is necessary to return internal school, providing an emotional resource base for control mechanism and restore their ability to feel. the school. This is done by apologising to them, return them to their dignity, they begin to feel, and at first they Julia Miles suggested replicating robust love in

13 7-9 December 2006 prison. She commended Camila for keeping the said we need to put pressure on Politicians and flame flickering and said emotional deprivation asked how we can start the revolution. must be addressed. Camila replied that US studies Camila said people are born into a different set of show that the teenage brain actually reorganises. family by the grace of God. She said we need to She said we ask teenagers to choose and we get public opinion behind us, start speaking up, continue to refine our art, encouraging teenagers and get support from media. to develop, but it is a longer-term solution. Dorothea Melvin noted the recurrence of theme Sarah Nelson asked whether the difficulty in of the role of media. She said whatever happens getting funding was related to the fact that the something should be taken away from here; we children had been abused by adults. Camila said need to work out how to get through to the the problem lies in the fact that Kids Company does Politicians. not fit into the structures the government has been operating in for years. Cross-departmental funding Friday 8th December 2006 is required, but a child is not divided into Session 2: Does Custodial Sentencing Work? departments. – The view from both sides

Clive Fairweather asked what we are going do Chairperson Professor Jackie Tombs, differently so none of this will be lost. What more University of Stirling. pressure can be put on government? We have to start asking ourselves if we have done as much as Professor Andrew Coyle, University of we can. Camila Batmanghelidjh said we need a London, likened the question of whether custodial theory of mind; it is about personal moral courage. sentencing works to the question ‘Is war an appropriate method for solving international Veronica Linklater said she is deeply shocked at disputes?’ The answer is yes, in extreme situations how many children have slipped below the level when all other opportunities have been exhausted of civil society. She asked whether staff are always and the harm that would otherwise be done is robust enough and if they have enough courage. greater than the harm done by imprisonment or Camilla Batmanghelidjh told us that the staff war. He pointed out that prison is the most serious collectively speak forty-two languages, they get sanction available to the court and it should be one therapeutic session a week to off-load. They used as a last resort. Prison should be avoided are well treated and she tries to keep them unless there is no other appropriate disposal, or emotionally at their highest point. public safety demands it. Prison is primarily a place of punishment, a coercive institution. Prison is not Sir Moray Stewart said he was struck at how near designed to deal with mental health, drug addiction the Airborne Initiative were getting to the heart and unemployment problems of ‘difficult’ of the matter. He said they began to learn how populations who are sent there. The fact that it is important it was to show people that there were often used in this way goes some way to explaining others than themselves. Being at the conference why the prison population may increase whilst has reaffirmed for him the need to push this thing crime decreases. If the criminal justice system is onto the Executive. used to cope with health and social problems, there is no limit to the potential imprisoned David Casement asked Camila to elaborate on the population. removal of the external factors she mentioned. Camila said when the young people go and try to Professor Coyle described how the prison privately rent they cannot get on the renting ladder population has increased dramatically to the extent so Kids Company pay the deposit; or, if they should that there are now too many people in prison who have been given somewhere to stay, Kids should not be there. He said that if the Home Company put them up in a hotel and take the Local Secretary intends to provide as many prison places Authority to court. as are needed, the 8,000 new places he has asked for in England and Wales will be inadequate, if the Tom Farmer spoke about the branches of society increasing use of prison is not dealt with. The US and asked whether it is fair to lay blame when the has gone down this path and we are ten to twenty vast majority of people have never seen this. He years behind the US, whose prison population has

14 7-9 December 2006 Alternatives To Prison increased to 738 per 100,000 of the population. imprisonment can do good. Some of the good He warned that this will happen unless we choose things prison does are: keeping violent people out otherwise. He said the one UK government of the way; deterrence; punishment; and department that understands is the Treasury, expressing disapproval of society. However, the which does not want to continue to pour money contribution prison makes is ambiguous. While into a black hole. If Scotland was to head toward prison can do good, it must be remembered that it the US rate of imprisonment, it would need to plan always does harm. It does harm to family for a prison population of 35,000. In England and relationships, the future of the prisoner and to the Wales the rate is 148 per 100,000, in Scotland it is public purse. Perhaps prison can be justified if it 139 per 100,000, Northern Ireland 84 per 100,000 makes people better citizens, but prisons hardly and in Ireland 72 per 100,000. ever make prisoners better people. He spoke about the bad state of prisoners and prisons and Recent changes in legislation have led to the elision said he was not speaking about physical of civil law into criminal law with Anti-Social conditions, which have mostly been removed (save Behaviour Orders which are civil orders, but breach slopping out). He was not referring to the of which are criminal acts (which can attract relationship between prisoners and prison officers, lengthy sentences). These have contributed to an which, like the physical environment, have increase in prison numbers. The chairman of the improved dramatically. He said that we should be Youth Justice Board has expressed concern over proud of the people who work in our prisons and children in detention. Extended and indeterminate told us that the most recent Prisoner Survey found sentences will also have an affect on the size of that 97% rated the relationship with staff in their the prison population for years to come. Professor prison as ‘ok or better’. Coyle questioned whether the expenditure on prison is effective use of public money. In relationship to the bad state of our prisons and prisoners, he meant one thing, prison In relation to prison privatisation he referred the overcrowding, which is the most powerful inhibitor delegates to the Scottish Consortium on Crime and to the good prisons would be able to do. Criminal Justice Report. He said that in this context Overcrowding frustrates staff and inhibits the of privatisation, the prison has become a market potential of prisoners to change. He listed nine place and business set for expansion, but pointed evils of overcrowding: (1) with increased numbers out that the financial and social costs are not of prisoners, staff have less time to screen for subject to public scrutiny. High capital expenditure violence and attempted suicide; (2) increased can increase public cost and our children will pay availability of drugs; (3) increased likelihood of cell in the future for prisons which are being built now. sharing; (4) increased noise and tension; (5) less He called for a public debate about what we as access to prison staff; (6) less resources; (7) facilities society see as a suitable number of prisoners. The such as laundry and food are stretched; (8) more answer to that question is that it does not depend time locked up; and (9) family contact and visits on the level of crime or re-offending, it is a matter are restricted with prisoners being kept further of choice. If prisons were used as the last resort from their homes. Dr McLellan recognises that he would estimate from his experience as a these nine evils reduce the impact prison can make governor we would need 30-40,000 places in to reducing re-offending. It makes it more difficult England and Wales and 3-4,000 places in Scotland. for all to live in safety. Most prisoners should not be there, the question remains how to deal with them, perhaps outwith He also spoke of the dire physical conditions of the criminal justice system. His plea is that criminal prisoners themselves and of people who do not justice system should deal with criminal justice ‘fit in’ in society and have physical and mental problems, not a myriad of health and social health problems. He told us about a man who problems. The First Minister’s slogan is: ‘Scotland, breaks shop windows to get into jail, and a woman the best small country in the world’. Professor who was so terrified about her release because Coyle’s desire is: ‘Scotland: the best small criminal of the abuse and hate filled life to which she would justice system in the world’. return. He asked what difference a short-term prison sentence can make to the underlying Andrew McLellan, HM Inspectorate of Prisons causes. He told us that 7% of prisoners have for Scotland, began by saying that sometimes psychotic illness, 70% have mental health

15 7-9 December 2006 problems, most smoke and have tooth decay, 80% to prison and he needed to go to prison but what have drug problems (100% in Cornton Vale) and happened when he was in there was an exercise they are thirty times more likely than the general in survival. Someone he met persuaded him he population to be homeless. Put together, all the was still valuable, he went to education classes, inmates suffer from social exclusion and prisons did his homework and went against a wave of are not hospitals or drug rehabilitation centres. It conflicting pressures. When he went back to prison is naïve to expect prisons to solve the problems of he was amazed at the response of the staff who Scotland, the only way of having better prisons is said they were pleased he had succeeded on the when we have a better Scotland. outside. He says people’s chances of success are minimal. The service he provided as the prison Erwin James Journalist and Author (who was scribe kept him in a safe position in the hierarchy. in prison for twenty years) began by describing He dreamt he would one day write for The how he has a strong scepticism towards Guardian, but when he was asked to write a punishment. He has experienced it and it did not column from the inside he was told by his governor do him or society a lot of good. In his opinion prison that prisoners were not allowed to contact the does not really work, it is a hostile environment media. Eventually the Home Office agreed. He which is corrosive, destructive and debilitating. said it is against the odds that those who go to Society does not really know what it wants from prison will succeed. The challenge is to persuade prisons; we expect punishment and hope for people that if we want prisons to work we have rehabilitation, which are uncomfortable to emphasise care and support, otherwise we get bedfellows. He spoke of a recent case in England the prisoners we deserve. where a young lawyer in the prime of his life was robbed and stabbed by two teenagers and left lying Discussion Session in his own blood, yards from his front door, Malachi O’Doherty asked who is to blame for this clutching his wedding plans. He said that what cultural relishment of punishment. they have done is unforgivable so who cares what difficulties they encounter during the twenty year Andrew Coyle said that so many issues are minimum terms they will serve in prison? The dropped into the one bag, for example the need biggest challenge is how we respond to these to be tough on terrorism, anti-social behaviour, young men in prison. If we are an advanced civil serious crime and graffiti, as if they are the same society we need to respond with appropriate care, thing. The 2003 Criminal Justice Act was intended support and encouragement, but for the families to be tougher on some offenders and use of victims this is difficult to swallow. He pointed alternative ways of dealing with the others. He out that punishment provides a brief sense of said they have continued to be tough on both revenge, retribution and victim satisfaction, but this groups and called for a de-politicisation of the emotional response does not benefit society as a debate. We should align ourselves with countries whole in the long term. which we would like to be compared with, like Finland where people got together and succeeded. Mr James told us he was inarticulate, ill-educated, We need a strategy to do this and that is the detached and had left a trail of unhappiness behind purpose of this conference. him during the course of what was a painful life for him and others around him. When he went to Andrew McLellan criticised a newspaper, which prison he was relieved because his old life was recently referred to sex offenders as ‘beasts’. He over and he did not know where he was going. said it is the red top newspapers that drive the Some prison staff were helpful and supportive, but ferocious vilification of criminals and poor people. most were indifferent and a significant number We need to take on the media and put the were malicious. He responded defensively and question far more vigorously than it is put to our living on the landing found a profound primitive faith communities, Politicians and school teachers hierarchy. When he was moved to a long-term etc. prison he discovered opportunities and facilities such as the gym, education programs and David Casement asked Erwin James why the word psychologists. However, he spoke of a prison rehabilitation stuck in his throat. design that made it difficult to succeed in using A former prisoner proposed that prison works time constructively. He told us he deserved to go because it keeps prison officers who frustrate,

16 7-9 December 2006 Alternatives To Prison attack and use violence off our streets. He called for honest media attention and strong leadership. A comment was made at Andrew Coyle’s bravery in offering a figure for the right prison population Andrew McLellan said we need to address the self- and he was asked how relative it is. esteem of offenders, so they can have respect for themselves and others. However, he pointed out Erwin James said he was naïve when he went to that we must address their wider circumstances prison. His first conviction was at the age of 10 on release because if a person who feels good is and he thought of himself as a criminal from that released into awfulness that is not very good. day forward, he felt that was what was expected of him and did not know how to get to the place Andrew Coyle said that with regard to the where decent people lived. He said that the word numbers question, these are arbitrary figures, he ‘rehabilitation’ is abused and he does not buy it. was playing with numbers. There are a lot of Prison should provide encouragement, care, people who should not be in prison, we should let support and trust. Prison is a very difficult place to them out. Prison is for serious criminals, not the be, where many people he knew took their own mentally ill and drug addicted. lives. A scattering of people he met while he was in prison helped his inner strength and motivation. Tony Cameron said that in terms of rising prison As a tax-payer he is astonished that we spend too populations we are not alone. The prison much on prison. population is increasing at the fastest rate in Northern Ireland, and in Finland it is at the highest Andrew McLellan said prison inspectors exist level in forty years. He said that with some because of prison officer violence against exceptions, this is affecting Western Europe prisoners. He said prisoners say that things are generally, but we do not want to go where the better than they used to be and allegations are USA has gone. He said it costs £40,000 to rare and are thoroughly investigated. incarcerate someone for a year and told us his budget is bigger than you would think, at £425 Andrew Coyle said prison staff used to wear riot million. gear to work. What he is astonished by is that prison staff in the UK only get six to eight weeks A Judge from Northern Ireland said that judges of training, while in Norway they get two years. imprison about the same percentage of those who There should be an outcry about putting untrained come before them, so there must be fewer coming people into prisons. These are well meaning young in front of them. Either they are more law-abiding men and women but they have to deal with a or we are not catching them. He called for the range of difficult prisoners and should be trained de-politicisation of the issue and spoke of like nurses or teachers. Sentencers as well as prisoners being vilified by the press. Erwin James spoke of how he saw enthusiastic staff who, when they first arrived, wanted to Kit Chivers suggested that rather than an increase change prisoners’ lives but were changed by the in the criminal population there may be an increase prison officer culture and are not respected by the in the numbers of the ‘too difficult’ population and wider community. questioned whether prison is the only place to deal with the ‘too difficult’ people. Julia Miles said Erwin James is proof of what Camila said: what is missing in rehabilitation in prison is Andrew Coyle said that we choose to define more attention to people’s emotional lives, a sense of people as ‘too difficult’ and we would have dealt self, so when they leave they can find a place in with them in other ways in the past. We need to the world. look at care provision, for example there are significantly lower numbers of residential drug Erwin James said you can succeed, but you need places than there should be. a positive influence with care, encouragement and support, which he did encounter from a scattering In response to a question relating to the families of people. Many do quite well, but others struggle of murder victims, Erwin James said victims are and we are not understanding of those who fail. entitled to feel anger etc. but the court is the place

17 7-9 December 2006 for public displeasure to be expressed. We need and control signals. Working together to achieve to think about the practicalities of what happens a collective purpose, a common good and mutual during imprisonment; it is not about giving prisoners trust is positive. However, collective efficacy does a better life, it is about creating a better society. not exist in a vacuum and can be facilitated by using control signals, for example when persons Jackie Tombs concluded the session by saying of authority attempt to regulate disorderly there are some people who do need to go to prison, behaviour in the community. but there are lots of people whom prison is not for. Sir Anthony also mentioned Houchin’s (2005) Glasgow-based research on the home addresses Session 3: Alternatives to Prison of prisoners, which found that 25% of prisoners Chairperson Professor Richard Sparks, come from 4% of wards. If we are to deliver University of Edinburgh introduced the session alternatives to custody in high crime areas to by reminding the delegates how Peter Young people living with anti-social behaviour, we must castigated criminologists for focusing on prisons, build alternatives to custody that make sense to when the majority of people who offend are with people and do this in a way that is effective. In us and not in prison. Professor Sparks said we Sheffield what drives offender rates is should see prison as a specialised institution with unemployment, the percentage of void housing a contribution to make at the apex of the problem. stock; and lone parents with dependent children etc. He spoke about how the probation service Sir Anthony Bottoms, University of has withdrawn from the community and retreated Cambridge, showed a book entitled Alternatives to their offices. Probation officers are less likely to prison: options for an insecure society which to be seen as sympathetic befrienders, and with reported on a programme of research the decreasing community dimension in their work, commissioned by the Coulsfield Inquiry into know nothing about the areas they are dealing Alternatives to Prison, funded by the Esmee with. The probation service needs to be seen in Fairbairn Foundation. He described results from a the community as part of the signals; that is to be small survey of two high-crime areas in Sheffield. seen controlling and helping. Alternatives to They found that area B was more punitive than custody do make sense, but it is important to focus area A, so they wanted to know why this was the on the worst areas and deliver proper control case. It seemed that area B had more disorder, signals; work alongside people and deal with hopelessness and was generally going downhill. offenders who live in their midst. They speculated that punitiveness could be connected to community disorder and lack of David Casement, Recorder of the Crown Court improvement. ‘Redeemability’ scores (the idea that and Barrister at Exchange Chambers, said there offenders should be allowed opportunities to is a sense at this conference that something needs redeem themselves) were slightly on the side of to be done and that the delivery of this conference positive, but were not significantly different report to the relevant governments is a starting between the areas, both of which were high-crime point. He focused on three things: (1) the need areas where a lot of offenders lived. for clarity with regard to what we want to achieve through and beyond sentencing; (2) where He spoke about Martin Innes’ reassurance policing restorative justice fits in; and (3) community research looking at what makes people feel safe sentences. Prison does have a place. Public or not. It is the feeling that public space is out of protection is not negotiable, but there are many control that worries people, and the sense of offenders who do not pose a threat. disorder is palpably worse in most deprived areas. He spoke about the Home Office research He stressed the importance of establishing evaluation of the National Reassurance Policing priorities with regard to the purpose for which the Project, in which the police changed their tactics sentence is passed. Although the Criminal Justice in light of public concerns. Results were promising Act of 2003 lists the purposes of sentencing as: in that they managed to increase reassurance by the punishment of offenders; the reduction of focusing on what the public were worried about. crime, including by deterrence; the reform and Two theoretical concepts could be used to explain rehabilitation of offenders; the protection of the why reassurance policing works: collective efficacy public; and the making reparation by offenders,

18 7-9 December 2006 Alternatives To Prison the order of priority is not identified. It is important being; they are us. Any one of us could have found to know the priority of purposes. He spoke of some ourselves in the same predicament if we had been tangible problems, for example if there is not born into the same circumstances where the enough punishment, the public will feel short- damage begins from birth. We are worlds apart – changed. The media portray prison as the tough there is our world and theirs and there is a huge option, but prison is not necessarily the best or most gap between the two. He illustrated this gap by challenging option. talking about a young man who got 250 hours of community service but opted to go to prison Mr Casement spoke about restorative justice in instead. However, he said that prison is not a soft which the offenders face up to the consequences option, it is negative and destructive, a hostile of the crime and make amends. In the current existence which he would not wish on anyone. system there is not enough opportunity for victims The best of all solutions is early and supportive to engage. He believes offenders and victims intervention for families under pressure and who should be engaged and he questioned whether are unable to cope. prison is the tough option. He mentioned community sentences, which must be understood Governor Lonergan said that control and by the community as a real alternative to prison. punishment was not the full solution. The starting He believes that restorative justice should be at point is to build trust. Prison operates on a dynamic the heart of community sentences. There should of mistrust. To gain the trust of prisoners is a real dialogue or mediation, so the offender difficult and time consuming undertaking but understands the harm done and restoration works without trust there will be little progress. We will for the victim and the offender. There is a large have to listen to the prisoner if we really want to list of community sentences, but there is a limitation help and support him. in that it is only possible to suspend a sentence if it is twelve months or less. If this was extended, According to Governor Lonergan, the biggest more offenders could be dealt with in the single issue is low self-esteem. The reality is that community. most prisoners are treated like shit, feel like shit and many believe that they are shit. A sense of Mr Casement espoused the protection of the achievement is too often alien to then, they seldom public, along with a commitment to rehabilitation receive positive feed-back but, of course, we give and restorative justice principles. There should be them a lot of criticism. There is potential for good a focus on the causes of offending and social and bad in all of us and the badness is not confined exclusion by dealing with a lack of education, job to those who are in prison and he said that he had skills, personal skills and housing. He called for met some very bad people outside of prison. We the establishment of purposes so then we can must not try to impose solutions on prisoners, we engage in how to deliver them, because at present must work with them and gain their consent. They the purposes can take one in a completely different can make the transition but we must be humble direction. enough to simply encourage and support them on their journey. He referred to research undertaken Governor John Lonergan, Mountjoy Prison by Dr. Paul O’ Mahony in Mountjoy which spoke about how we tend to impose solutions on discovered that 75% of all Dublin-born prisoners prisoners without speaking with them, asking come from six small areas in Dublin city. They were them for their opinions or even telling them what all areas infested with crime, drugs, violence, poor we are doing – and then we wonder why “our” housing and much social and economic solutions don’t work. We impose a quality of life deprivation. He asked how should we as a society on some of our people that is very damaging and deal with a child growing up in this type of many thousands of people suffer throughout their environment – punish him or take some lives. He asked that we try to imagine how difficult responsibility for creating those conditions in the it is for parents to fulfill their role when faced with first place? every negativity that life can present. We have constructed and we sustain a society that is very He said that currently we lack strong leadership – fragmented and very unjust, alienating people and we live in an era where we pay homage to image. we appear to get satisfaction out of their failure. We opt for the popular rather than doing what is Prisoners are not a different species of human right. While he disagreed with much of what

19 7-9 December 2006

Margaret Thatcher stood for, he admired the fact Sir Anthony Bottoms said that if we are serious that she had the balls to stand up for what she about alternatives to prison we have to focus on believed in. Leadership must not be about what is volume of offenders. These recidivist young adult popular. It takes courage to fight for what is right volume offenders may have more community ties and the tabloids must not be allowed to decide and normative bonds than you might expect. He how we run the country or what policies are gave the example of driving, which is seen as an needed. important activity by many of these young people who admit to driving offences and suggested There are two roads a little baby can travel but so something could be done in that regard. He much depends on who he meets on the way. With personally thinks a rather small percentage want good, caring loving parents, a positive to get into prison and the majority who behave in environment, educational opportunity, etc., it can an unacceptable manner are connected to their be a most positive and fulfilling road. However, communities. for a significant number of babies they encounter nothing but negativity and road blocks on their David Casement highlighted the fact that many journey. Every day of their lives is a struggle. We young people are disengaged and need housing, must never forget that not one of us here today a job and a relationship which can all have a major would have survived life’s journey on our own. We impact on offending. A judge can say ‘just because all needed the help of others – we should be they have a past doesn’t mean they don’t have a gracious and humble that we got such future’ but although it is so obvious what is opportunities and help. The reality is that only those required, the will, resources and legislation are not who have lived the pain fully understand it. Only there to enable them to make a difference in those who have experienced prison really people’s lives. understand how it feels. We neglect people when they need our help and support. We fail them John Lonergan pointed out that there are different when they are crying out for help and then when types of communities. There are very positive and they fail we dump them into prison and demand caring communities. However, there are also very that prison should provide instant solutions. In the negative and destructive communities. Children experience of Governor Lonergan, prison finds it in these communities seldom receive positive difficult to do even a reasonable job – what is often encouragement. They have little sense of expected are miracles and after a lifetime working achievement and they have very low self-esteem. in prisons he has not witnessed any yet. In addition, in modern society we are unable to forgive people so they are constantly reminded of To conclude, it is his firm belief that the best of all their failures and most of us are not prepared to solutions is to keep young people out of the prison give them a second chance, including employers. system – once they have a prison experience the In these communities only one social class of road to recovery is much more difficult and in too people live in them, all the professionals drive in, many cases impossible. We need vision and deliver their service and drive out again. Our public innovation but in so far as the criminal justice housing policy discriminates against poor people system is concerned they are both in short supply. and we wonder why they don’t feel part of mainstream society. Discussion Session George Irving called for a radical public health style Nic Cartledge mentioned grievance satisfaction and approach to crime which would: go for the causes; asked to what extent alternatives to punishment avoid prison wherever possible; use alternative can fill that. measures; stop the extension of prison building; and divert the vast amount of resources to the Richard Holloway spoke about Nietzsche and community. punishment and asked how it got associated with offending. He likened it to a commercial Magnus Linklater spoke of the emphasis on transaction in which one party offends the other, community in alternatives to prison and asked who in turn gets pleasure from the pain inflicted what to do about those who should not be in as a reciprocal pay back. At the root of punishment prison, but whose community is part of the there is a dubious moral reaction. He suggested problem they are trying to escape. that punishment should be removed from the

20 7-9 December 2006 Alternatives To Prison discourse and instead we should have an going to look at alternatives to prison we need to evidenced-based response. have belief in every member of society and look at our education system. If we had an integrated David Casement said punishment could be education system which allowed every service to regarded as the currency of justice, and the public work within the school system, so that you had feel short-changed if people do not get what they joined-up approaches to the needs of young people want. You can satisfy grievance, but it will be more and their families, you would not have so many long lasting if it is relevant, prevents further crime young people at risk of offending because they from occurring and restores that which was taken would be stakeholders. She said that education, away. People need to hear about the success if properly invested in is crucial when talking about stories. alternatives to prison.

Tam Baillie said our current prisoner population David Casement said that what is really required come from a small number of areas, areas in which is someone who is inspirational, whether a thirty years of regeneration has failed. headmistress like Michele Marken, or a probation officer. John Lonergan said that instead of focusing solely on the physical structures, we need to focus on John Lonergan said that after parents and the initial the people, how they feel. The challenge is to community structure, obviously education is a huge improve communities in the longer term, we influence, or a lost opportunity. By leaving school cannot change people overnight, and it takes a without a basic grounding in education, young number of generations to change culture. We people’s ability to interconnect with society need to put in the work with people, it is a long afterwards is also damaged. process and we need patience. Session 4: Discussion session involving all Kathleen Marshall spoke of the problem people speakers have with children hanging around in the streets Chairperson Lord MacLean, Senator of Her and pointed out that children need and want things Majesty’s College of Justice in Scotland, invited to do and they do not want to be in places that Lord Coulsfield to speak about ‘Alternatives to are out of control. Our response is to remove Custody, involving Crime, Courts and Confidence’ young people from the streets and imprison them in their homes, which may be over-crowded, Lord Coulsfield described a work in progress in violent and lacking in stimulation. the Thames Valley which is being financed by the Esmee Fairbairn Foundation. The objective is to Satvinder Juss said he would like to suggest that develop alternatives to custody, by involving both there is a group of people, women, who are judges and the community. He referred to two singularly ill-suited for prison, there is gender sides, the side which is represented by the vast specific distinction, and women should not be majority here, and the other side which is imprisoned. represented by people who you meet outside organisations like this. You have to remember the Sir Anthony Bottoms pointed out that there are ‘skeleton at the feast’, the person who is saying far fewer women in prison than men and hence to himself ‘this has all been tried. It didn’t work, fewer prisons and that is why their families have crime shot up, we put people in prison and crime further to travel to visit women in prison. There has fallen’. He said the skeleton at the feast are possible solutions, such as mixed prisons, but represents a large part of (possibly unthinking) he does not think many women would advocate popular opinion about criminal justice processes. that. He said the idea of generating a gender It is still true to say that overall, alternatives do not specific jurisprudence is rather curious and he does offer a better means of dealing with criminals and not see why a woman who commits a serious crime reducing re-offending than prison does; not worse, should automatically be precluded from going to but overall it is not better. Yet he said he firmly prison because of her gender. believes that the skeleton at the feast is wrong in Michele Marken spoke about the importance of the attitude that he takes. The unthinking mass the education system, investing time and paying of people are not terribly interested in the criminal attention to children and their parents. If we are justice process. They may not necessarily be

21 7-9 December 2006 punitive, but on the other hand they are not easily years the community has been excluded. In her persuaded to support and agree with anything view, when we involve the community and when else. we use the model of restorative justice, the results are extraordinary. We know what works, it is not The aim of the project is to improve alternatives cheap and it does not matter a huge amount to custody. They isolated the problem of whether the work is started in the prison or the confidence in the criminal justice system as a community, but it certainly needs to be completed fundamentally important factor in society’s attitude in the community. The challenge for us all is how to ways of dealing with criminals. They we deal with the media. We should also actively recommended that steps should be taken to work to involve the business sector and those other educate, and as far as possible involve, both judges parts of the community which at the moment may and members of the public in the process of dealing be cynical but once they are more actively involved with criminals. People will not come to understand often become converts. She described one of the or sympathise with community penalties, unless projects ‘Youth at Risk’, which has found that the they can be reassured that they really work. Not volunteers they take on to become befrienders of in the sense of success rates, but in the sense that offenders inevitably become supporters as well. what is supposed to happen, really happens, i.e. She believes it is all there for the taking, if we have people turning up and at the right time and to courage to go for it. undertaking the treatment or counselling or whatever it may be. It was thought people would Anthony Bottoms agreed with both Lord Coulsfield only be convinced of that if you got a significant and Breidge Gadd in that the evidence is very number of ordinary people to join in the process complicated, but basically there is some evidence with the professionals. The strand of involving that all kinds of things do work to some extent; judges has worked extremely well and even a they work when they are well delivered. The known and ferocious Judge seemed to have been problem is that we have yet to learn how to roll converted, at least to the extent that he was programmes out nationally and successfully. The prepared at least sometimes to put people on location of the delivery does not seem to make a community service. Getting the community great deal of difference most of the time. If we involved was, as they expected, much more are serious about alternatives to custody there are difficult. One obstacle was getting past the local a lot of leads to follow, there are no magic bullets; elected representatives, because when you say there is a lot of work to be done to turn it into you want to get the community involved they say something really sustainable on a community basis. ‘right here we are, we are the community’. He told us there have been considerable efforts at Anthony McIntyre said crime is as old as sin and getting behind local authorities and tenants’ and the desire to punish is as old as sin, so to ask people residents’ organisations and that it is extremely to refrain from having that desire to punish is futile. promising and we should watch this space. The treasury are, at last, coming round to the view that we should not put people in prison, but he Breidge Gadd did not agree that the evidence thinks there is a danger when we call for shows that nothing works. There is some evidence alternatives to custody, that we dump people back that community involvement with offenders is into the communities without any structures more effective than prison. She said we keep whatsoever, displacing the worst effects of reinventing the wheel and that when she joined imprisonment onto the people least able to cope the probation service she was recruited to advise, with it, poor impoverished working class assist and befriend offenders. Then over time it communities. He said a political strategy should was felt that offenders should be punished in the address the re-distribution of wealth in society. community and probation officers are now required to ‘protect the public’. They have been taken Andrew Coyle said there is actually precious little away from the community and have been bullied evidence as to the relativity between crime rates into being office-based and standard-obsessed. and imprisonment rates or community penalty Community service orders were designed to be rates; it is very difficult to relate one to the other. delivered in partnership with the community in the He mentioned Richard Sparks’ salutary reminder past, but policy-makers decided community groups that in fact only a very small proportion of crime were too soft on offenders, so over the last thirty comes before the judges. For example, Home

22 7-9 December 2006 Alternatives To Prison

Office statistics of a few years ago found that only Sheriff Sheehan told us he has been a Sheriff for 3% of offences resulted in a conviction or a caution twenty-five years; he sentenced between 150-200 and 1% resulted in a sentence of imprisonment. people per week and has sent about 1,600 people What the public is concerned about is also the other to prison. Many of these people went to prison 97%. Crime has gone down, but the problem is because it was a choice of last resort as there was that people do not feel safer and that is the issue no alternative. With regard to those whom we need to address. There is also evidence that Sheriffs send to prison that we do not want to the mass actually is not so unthinking. Work by send to prison, he said the first ones are the people Mike Hough and others has made clear that when with mental illnesses. If there were proper medical issues are explained, the public is actually much resources and people could be dealt with and more open to being convinced. There is also examined when they arrive we could keep them evidence that victims in particular are not primarily out of prison. The government wants heavier punitive. What victims want is for the offenders penalties, so they increase the fine level to £20,000 to understand the harm, stress and trauma that or £50,000 and he asked how Sheriffs or Judges has been caused to them. We can sit in can be expected to impose a fine like that on conferences like this and agree on what is the issue somebody earning £42 a week on social security. or what is not the issue, but somehow or other He told us they do not pay the fine so you put we need to be able to communicate that so we them on supervised attendance orders and if they should have a good communication strategy. We do not do that they go to jail. He then asked what really need to involve communications or media you do with the drug addict who has deferred experts to consider how to get our message over. sentences, appeals waiting, and many previous He talked about how we tackled drunken driving convictions for shoplifting and has breached and said we no longer do that because there was probation. You send him to jail because you cannot a very good message, people got together and get him drug treatment as there is a waiting list of said ‘this is not acceptable, we want to change six or nine months. He questioned why this should this bit of public behaviour’ and that has been very not be a medical problem for the NHS, rather than successful over the last twenty years. There is for Sheriffs or Judges to deal with. We want more evidence from other countries where thinking resources put into social work departments so they people can get together and can involve the can deal with all the social, economic and family experts. We really need to think outside the tram- problems. We want more money put into proper lines and as long as we look to a criminal justice intensive probation like SACRO which had a solution to these problems then we are going to fabulous pilot scheme. Airborne also had a end up in a dead end. fabulous residential facility, a pilot scheme which stopped. He said every time we seem to get Sheriff Andrew Normand said he can claim to something it gets stopped. We need to give the make substantial use of alternatives to Sheriffs the power to do the things they want to imprisonment because he is a Sheriff who sits on do but have not got the resources to do; the the Drug Court in Glasgow. It is a court which in Executive will not give us the resources. He said his view imposes just and effective disposals. It is give us the tools and we will do the job, but the a court that is very expensive to service and question is, how we get the tools? support, but is still less expensive than imprisonment. He wondered whether the Drug Erwin James spoke about a prisoner who was Court is an example of best practice. unwell and was one of the least dangerous people on the wing. Some of the most vulnerable people David Casement mentioned that this conference in our society are the most dangerous, but that report would be distributed to the government. It does not mean we should not still care for them. will be read by researchers and if they feel it has There are so many people who cannot cope with value added it will be presented to the Ministers prison. He said he never met anybody who was and in the devolved assembles. He is keen to see born bad; he saw people who were vulnerable and this outcome focused on, and said people should damaged. He met professional people who were mention things they would like to bring to the prisoners, which made him realise anyone could attention of the relevant Ministers. His point was end up in these places depending on choices, that we need greater clarity on the purposes of circumstances, personal motivation and so many sentencing; we need to have them prioritised. factors that make us behave how we do. He

23 7-9 December 2006 spoke about probation ‘managing offenders’ and want to say we have got 8,000 places? We need said the language which is used is de-humanising. to find some vehicle to create a strategy to He also spoke about a visit to Belfast where he communicate the message on which we seem to saw a restorative justice programme and said it have agreed within this room. With regard to the was a magnificent example of what human beings question of whether people deserve to be can achieve. We should try and influence decision- punished, he said the modern version of that might makers to try and challenge this constant idea of be that people deserve to face the consequences punishment being the first element of a response. of their actions, and he suggested there is another way in which we can require people to do this. Lord Phillips asked the panel if people deserve to There is a great deal of mileage in the 21st century be punished; is it ethical to punish people? He in looking at what prisons might look like. They said our legislation is primarily based on punishment do not have to be physically or conceptually the and asked if that is satisfactory, or should we be way they are at the moment. If the issue is about taking a completely new approach to dealing with deprivation of liberty or exile from the community, these criminals? then there are many other ways of doing that rather than locking people up. Sir Anthony Bottoms said he does not have a problem with punishment in the sense of drawing Richard Holloway said Nietzsche reckoned attention to a breach of a rule and then doing punishment was related to giving pain to the something to correct that breach. Punishment in person who offended you, and thereby receiving that sense is actually engaged in by all pleasure, it was a commercial transaction. It is communities, whether or not using imprisonment. now outlawed in this country physically to punish He disagrees with those in the restorative justice children, whereas twenty years ago it was the lobby who say restorative justice is not punishment. done thing. History teaches us that very often He has no problem with restorative justice, but things that we defend very passionately we look what these people mean is that this form of back on several generations later and wonder how coerced treatment is not meant to be unpleasant, we persuaded ourselves it was right to do that. but is intended to effect reconciliation. It is He said society does need rules and ways of nevertheless coerced and is therefore a form of reinforcing those rules and expressing disapproval punishment. The question is not should we abolish for people who break those rules, but there are punishment, but what kinds of punishments do we any number of ways of doing that and there are want. In England and Wales since 1991, although cultures that do not punish the way we do. What the custody threshold has remained the same, the we do simply reinforces and deepens the bad reality is that over that period similar offences are behaviour and he thinks it is time to re-think the sent to prison much more often and for longer than whole concept of what we mean by punishment. used to be the case. The judges have become We need a paradigm shift in our whole thinking more punitive. He suggested a possible product about how we handle people who break the rules of this conference would be a serious working of our society and he thinks there are better ways party looking at the custody threshold and looking of managing those transformations than any hard at what kinds of people we actually want to represented at the moment by Britain’s penal send to prison and what kinds of offences we are system. happy to be dealt with in the community. David Casement agreed that the custody threshold Andrew Coyle said the last thing we need is more is unclear and embraced Tony Bottoms’ point as money in criminal justice. What we do need is having a real future. much better distribution of resources in the criminal justice system. The time is approaching for radical Paddy Hillyard spoke about a recently published solutions and one solution to the custody threshold study by David Downes et al., which makes the problem is to say to the Sheriff ‘you have got a point that if you run down the welfare system you certain number of prison places, you fill them as could expect a huge increase in imprisonment. He you will but once you have filled them that is it’. also told us about a piece of work by Danny Dorling That goes back to the wider question about how who analysed 13,000 murders and found a very much imprisonment we want. Do we want to say strong correlation between murder and poverty. we have got 4,000 places in Scotland or do we One particular age cohort was experiencing an

24 7-9 December 2006 Alternatives To Prison increase in murder as they moved through life and debate does not accord with the position of that was the age cohort that became of age in hopelessness when a person is unwilling to 1980, at the very moment when the manufacturing cooperate with other disposals. What he wanted base was being lessened in this country. Paddy to know is have we got an alternative disposal for Hillyard said the argument is that there is a very people who do not want to have an alternative strong structural element to the increase in murder, disposal or who are not capable of turning up? so his plea is to think sociologically. He asked the The health service does not quite know what to panel, if you do think sociologically, how then do do with these people and does not find them you think about the notion of punishment? terribly attractive clients. He also spoke about the pressure for longer and longer sentences, how it Tony Bottoms replied by saying that what you are had been nine years for a life sentence, now it is raising is the explanatory and normative discourses about twenty. We need to understand that the on punishment. There is no doubt that we do well deprivation of liberty for even a week is an to examine sociologically the kind of conditions in extremely unpleasant experience. which we find ourselves as a society. The turn to punishment arises with the turn to anxiety. David John Lonergan said Ireland has had the same Downes’ recent work on welfare spending and experience, where life sentences have alarmingly punishment is an outstanding piece of work which risen from about eight years in the space of twenty certainly should give us all thought. What that years to around fourteen to eighteen years and does is complicate the issue of punishment there is no sight of the rise stopping. We must put because it raises a series of explanatory questions out a very strong plea to stop putting young people helping us to understand more fully where we are into detention. We should come to the assistance as a society. The question then becomes ‘what of young people whose hands are out pleading, do we do about it’? There is always choice, which before it is too late. He said we are a more is partly juridical and partly political. uncaring society in terms of our compassion and concern for those who struggle. People have no Lord Coulsfield said he has always found it difficult concept at all of what it is like to spend a day in to think in terms of philosophical or sociological prison. It is not just a physical thing, the emotional ideals about punishment. We have to look for and psychological stigmatisation is far worse than something much more practical to begin with. You doing the time. Coming out of prison with that are mistaken if you think it is going to be easy to stigma attached to you and people looking at you persuade people to provide very large amounts of and pointing you out and your whole profile and additional facilities, services and so on that would reputation in tatters, it is a destructive thing, the be needed to revolutionise our approach to dealing institutionalisation that takes place. You have got with offenders; it would cost money. There is not to sit down on an equal basis with a person, we a hope of getting anywhere unless you start by should stop labelling people with ‘offender’, it is changing the perception, not of the Politicians, but an obnoxious term. He said we all break rules, of the voters. Appealing to the tabloids will do no the state itself breaks rules. The state has robbed good; it is their audience you have to aim for. With old people, the banks have robbed their customers, regard to an outcome of this conference, he the health board poisoned people’s blood but none suggested coming up with a proposal of what we them have ended up in Mountjoy. He sees that as are going to do differently when we get back to example of how those who break the rules are our jobs. not punished equally and said without that we will not have credibility. Anthony McIntyre said there is only one society where there is no punishment, it is called heaven A probation officer told us about pilot projects being or paradise and if we are going to be listened to, rolled out, carrying far too many cases and groups we at least need to be realistic in that there has a week when they do not have time to reflect on not been one society which existed without a their practice. He asked how we are ever measure of coercion combined with consent. expected to get any results that say yes it works. Joe Pilling said that if this conference wants to have All his documentation has been changed to say any influence it seems unwise to spend time offender and he apologises to his clients and says persuading people that punishment should be if you are here you are motivated not to offend abandoned. He also said the custody threshold and as far as I am concerned you are an ex-

25 7-9 December 2006 offender. prisons. We have got to get back to seeing prison as a radical intervention necessary for some. Do John Lonergan spoke about labelling and the not over use it and if you do use it you minimise decision in the Dochas Centre for women to be the detrimental effects. In documentation in 1996 treated normally and how labels are destructive. and 1997, Irish prisoners were referred to as valued He said it is important to be conscious about the members of the community, we saw them as part language we use as well as our attitude. of ourselves, but now the mission of the Irish prison service aims to endeavour to help people in prison Clive Fairweather said the Airborne Initiative become valued members of the community. should have been given a chance to rise again. He spoke of a prize-giving when people were Saturday 9th December presented with HNCs and how it was probably the first time anyone had said “well done”, and said it Session 5: Youth and Justice is that kind of nourishment we need to do more of Chairperson Lord Hope of Craighead, the in order to stop successive generations coming into House of Lords prisons. Lord Phillips, the Lord Chief Justice of England Veronica Linklater said she endorsed what Andrew and Wales, began by making some general Coyle said about getting out of the criminal justice observations. Our criminal justice system is and tram-lines that we are in. Criminal justice is part always has been primarily about punishment. The of the wider world and the offender and the basic thinking behind punishment is that individuals offence have taken part in the wider community. have freedom of choice. Punishment has the We could consider the collateral damage, not just added attraction that the fear of it will deter others of the offence, but of the sentence. She was from committing crimes, and deter those who have thinking particularly of children and young people suffered punishment from re-offending. The most and families in the wider sense. Families, serious punishment that we inflict today is whichever side of the victim-offender divide they imprisonment. Some at the conference do not are on at that particular moment, they are deeply believe in the theory of punishment and many do affected by the whole process. Sentencers should not believe that punishment acts as a deterrent. take account of this collateral damage. However, the general public does believe in punishment and as long as this is the case we will Peter Kay said if you are interested in how we have a criminal justice system which inflicts should be dealing with people, you do need to punishment, otherwise people would take the law have some idea of what the justification of the into their own hands. He told us how as Chief punishment is: deterrence; just deserts; Justice it is his job to administer the criminal law, rehabilitation etc. and in doing so to keep public confidence in the criminal justice system. However, he is a firm Erwin James said our system at the moment believer in alternatives to custody in appropriate detaches the victim from the process, it is only cases, especially for young people. tokenism rather that real involvement. He has taken a particular interest in young people Lord MacLean disagreed and said that never throughout his life, for example he has volunteered before has the victim had a more prominent place at a youth club, brought up a family, and been in sentencing. The system allows for a victim chair of governors at his old school. He believes impact statement and the judges will certainly take that most people who end up in custody do not that into account. He said they are also aware of know themselves, respect themselves or care the effect on the community and the family. about others. He described the prison population as being made up of people who have lost their It was also pointed out that there has been a drift way. There is a wealth of research which identifies in the system in terms of increased punitiveness a series of risk factors which show up time and and a move a way from welfarism. There used to time again in the backgrounds of those who go be recognition in official documentation that prison on to become well acquainted with the criminal damaged people and one of the tasks of running justice system. He listed some of the typical prisons was to minimise the detrimental effects of factors: being male; coming from a deprived and

26 7-9 December 2006 Alternatives To Prison or disrupted family in which one or more members also underpins the Youth Inclusion Programmes, are already engaged in offending behaviour; poor which deliver targeted intervention in relation to parenting, abusive parenting or indeed no those identified at most risk of offending by parenting at all; hyperactivity; a low attention span; reference to the risk factors. Interventions range truancy; exclusion form school; and mixing with from mentoring, health and drugs education, offending peers. Barely a third of young offenders programmes related to the arts, culture and the have basic literacy and numeracy skills and 63% media and sport. Results show a reduction in are unemployed at the time of their arrest. Since arrest rates. He also told us of the positive findings the publication in 1996 of Misspent Youth, greater of an assessment of 12 of the schools, the resources have been concentrated on trying to Community Merit Award Programme. The Positive deal with the problem early. Programmes such as futures scheme is a national programme which Surestart have focused on family health care, uses sport as a catalyst to help participants to take parenting support, early education, and childcare. steps toward education and employment Early intervention providing this kind of support is opportunities. He told us about one of these, the of course crucial, but not sufficient in addressing Leyton Orient Community Sports Programme and the root causes of offending behaviour. He has the fact that the police estimated that crime on been amazed by the number of different initiatives the estate had fallen by 70% since the project in the UK that seek to help young people to started. He then spoke about a charity which he develop self-respect, to think they are worth is involved in, Endeavour Training, which believes something and learn the satisfaction of that personal and social skills can be developed achievement, so they come to value themselves. through challenging outdoor activities. He also told us about the ‘Leaps and Bounds’ project that Lord Phillips pointed out that alarm at the state of combined personal development and life skills the nation’s youth is no new phenomenon and gave coaching with a demanding ballet regime. us a quote from a stipendiary Magistrate who in 1898 complained that the child of today is coarser, He believes the benefits of projects such as these more vulgar, less refined his parents were. The are four-fold. They successfully engage young years 1992-1997 did see a 40% rise in juvenile people in a way that more traditional education detention and England and Wales still, every year, and training projects do not. These programmes consistently incarcerate about 3,000 young people focus on the key underlying barriers facing these who are under eighteen. He gave us some figures young people by developing their ability to form from a Turning Point report in 2003, which and maintain relationships, develop respect for highlighted the poverty, mental health, alcohol and others and oneself. These programmes serve to drug problems which affect the households in educate the public as to what can be achieved by which many children live. It is hardly surprising the kinds of young people who are so often that many young people lack self-respect and self- demonised in the media, about whom we often esteem, as for whatever reason, neither family nor know so little. Finally, there is an economic case school has equipped them with the resources for them. He recognises that these projects are necessary to make the transition to adulthood. not a complete solution but hopes that the value of well-run initiatives aimed at personal He spoke about initiatives that can make a development may be fully realised. Lord Phillips difference. Some such as Airborne and Kids’ emphasised that schemes bring their results in the Company we had already heard about. He told long-term. The quick fixes Politicians look for are us about Chance UK which provides individual a rarity and it is vital that we devote some of our mentoring to primary school children in North and precious resources to the research necessary to East London who have already been identified as show that what we are doing works. He believes being at risk of anti-social or criminal behaviour. three factors are crucial: funding; national and local The objectives of the programme are to channel co-ordination to see that there are not gaps in the the children’s disruptive energy into projects which provision of services for young people; and finally encourage a sense of achievement and to foster success stories and programmes should receive a sense of self-worth. Results have shown a due credit and publicity. What we are doing works, marked improvement in: behaviour; the child’s but we have got to spread the gospel. relationships; increased confidence; and academic achievement. The principle of early prevention

27 7-9 December 2006

Mr. Justice John L. Murray, Chief Justice of criminal offence but admit responsibility for the Ireland, began by saying that the moral test of crime committed and agree to be cautioned, may Government is how it treats the most vulnerable be diverted to the Garda Diversion Programme, members of society, including the children. which may involve the issuance of an informal, Regrettably the issue of juvenile justice has been formal or restorative caution. A family conference the subject of some neglect since the founding of may be convened by the Juvenile Liaison Officer the Irish State. Until five years ago, the Children in charge of the case in order to formulate an Act 1908, supplemented by other statutory Action Plan for the child to address errant behaviour measures, provided the statutory framework for and prevent the child from re-offending. Also dealing with children in conflict with the law. In under the Act, a Court may divert a child to the recent years, much progress has been made in Health Service Executive or the Probation and Ireland in reforming the youth justice system to Welfare Service, which are required to undertake better address crime committed by minors, with a family welfare conference. Early assessments the emphasis squarely on diverting young of the Garda Diversion Programme indicated low offenders from the criminal justice system, and levels of recidivism. Justice Murray told us about ultimately from detention. There have been many a pilot project, The Nenagh Community Reparation positive developments, including the establishment Project, the results of which have shown an of a modern statutory framework for youth justice extremely low recidivism rate. A reparation containing a strong restorative justice element and contract is drawn up and where it is successfully many alternatives to custodial sanctions, and completed, the charges against the offender are improvements in the infrastructure to deliver not proceeded with further. juvenile justice services. Statistics show that the use of custody as a sanction continues to wane in The Children Act 2001 recognises that: punishment the Irish youth justice system. The vast majority of of crime should interfere to the least possible young offenders in Ireland are dealt with by caution extent with the child’s legitimate activities, under the Garda (police) Diversion Programme. He education, home and family life; that a child’s age said the impression he will create is of a system and level of maturity may be taken into that is still in flux, a system where substantial and consideration as mitigating factors in determining positive steps have been made to provide a penalty; and most importantly, that detention alternatives to detention, but in which should be imposed ‘only as a measure of last shortcomings persist. resort’. The Act prohibits the detention of a child in prison. Offenders under sixteen shall be Justice Murray stressed that the vast majority of detained in a Children’s Detention School under crimes committed by children and young people the aegis of the Department of Education, while in Ireland are not serious in nature. Research those over sixteen shall be detained in a Children carried out on behalf of the Department of Justice Detention Centre under the aegis of the in 2001 found that two-thirds of children appearing Department of Justice. When a child is found guilty before the Children’s Court in Dublin were from of an offence, sanctions include: an order for fines; relatively small and exceptionally deprived areas costs or compensation; an order that a parent be of the city. He listed multiple risk factors for bound over; or a community sanction. Community offending: economic disadvantage; negative peer sanctions empower the Courts to impose a influence; low levels of educational attainment; probation order, supervision order, day centre and difficult family circumstances including absence order, an order restricting movement, a detention of a parent, parental drug abuse, domestic order or an order combining detention with violence or physical abuse and family contact with supervision. Together these measures would no the criminal justice system. doubt greatly assist the Courts in dealing with young offenders by providing them with viable The Children Act 2001 provides for a dual approach alternatives to custodial sanctions. However, to offending, involving both the child welfare and unfortunately the majority of the sections the justice systems. The Act is notable in being described above have not yet been brought into the most significant legal recognition of restorative force. At present it is only those parts of the Act justice in Ireland to date. A primary purpose of which were effectively already in place under the Act is to divert children from the formal criminal previous arrangements whose implementation did justice system altogether. Children who commit a not require substantial resources that have been

28 7-9 December 2006 Alternatives To Prison commenced. Justice Murray told us that effective one from England. I found this in The Daily reform of the youth justice system is also Telegraph on 25 November: ‘A depressed mother contingent on the allocation of adequate resources who tried to murder her daughter by jumping from to all actors working within the system, without the Humber bridge with the two-year-old in her which reform may simply pale to rhetoric. arms was jailed for 18 months yesterday. Angela Schumann, 28, a business graduate, and Lorraine, It has been suggested by some observers that the are among only five people to have survived the recommendations contained in the Youth Justice 100ft plunge. Judge Michael Mettyear, the Review 2006 and the establishment of the Youth Recorder of Hull, said he could not accept that her Justice Service 2005 have greater potential to actions were not premeditated and that only a reform the youth justice system in Ireland, than custodial sentence could be justified. “This is one the 2001 Act itself does. The Young Persons of the most difficult cases I have ever had to deal Probation Service was established in 2006 and it with,” he said. “It is difficult because on the one is also encouraging that the intended date for hand you are an intelligent woman, you have no commencement of all outstanding sections of the previous convictions and you pleaded guilty at the Children Act 2001 is now the first of March 2007. very first opportunity. On the other hand your Although the 2001 Act has not yet been fully conduct was very likely to kill your child. Of the 85 implemented, it has already been subject to people who jumped off the bridge I was told that amendment by the Criminal Justice Act 2006. 80 died. It was a remarkable piece of luck that Another layer has been added to the youth justice you and she survived unscathed.” A psychiatrist system to address anti-social behaviour by said she was suffering from a “depressive children, which empowers the Gardai to issue disorder” as a result of her lack of contact with behaviour warnings. the child.

Justice Murray emphasised that the Children Act Here is another one, also from England, from BBC 2001 must be implemented as soon as possible. News. ‘Rosina Connor, 37, of Lumbertubs, Adequate resources and infrastructure must be put Northants, was jailed on Friday because her son in place to ensure that non-custodial sanctions only went to school 28 times in one five-month become a viable option for Courts and the Judges period. She was heavily pregnant at the time. The have confidence in these measures. He also mother of seven served half of her two-week suggested that children should preferably be dealt sentence at Peterborough jail. Outside the prison, with by the same judge each time to allow a more where she was met by her partner Darrell coherent approach. Drug courts, community Osborne, she said she only managed to get courts and youth courts were also suggested as through the days by confining herself to her cell. options for the future. In the longer term he “The majority of the people on the wing I was on recommended an expanded Children’s Division of were heroin addicts, which is not really where I the District Court, with judges specialising in want to be.” A county council spokesman said: juvenile justice issues, adequate staff and “The council is completely committed to tackling resources, including social welfare personnel, as this issue, and to giving pupils and parents a clear an essential strategy to address offending by message that parentally condoned absences children. Justice Murray stated that the treatment simply will not be tolerated.” Mr Osborne said: “I of young offenders can either help to divert them was shocked by the decision of a woman judge to toward a more positive and fruitful path or confirm send her to prison.” This put me in the situation them in a downward spiral of future criminal of having to look after all the kids.”’ behaviour. He hopes that the coming years will see all branches of Government working together Here’s another, this time from Scotland: ‘A to achieve the just, effective and appropriate disgraced Labour peer was sentenced to 16 juvenile justice system that every child is due. months in prison yesterday for deliberately starting a fire at an exclusive Edinburgh hotel. Describing Session 6: Judicious Summary / Concluding Lord Watson of Invergowrie’s actions as without Remarks explanation, Sheriff Kathrine Mackie told the court Baroness Vivien Stern, International Centre for that the former minister in the Scottish Executive Prison Studies presented a “significant risk of re-offending”. She I want to set the scene with some stories, the first added: “I have to say that someone in public office

29 7-9 December 2006 ought to know how to conduct himself on all should be halved at least. But they never do. So occasions.” ’ what a relief it was and what a privilege to be able to leave the tedious, overworked territory we Finally another Scottish case. Last month Imran often have to stay in; explaining there is no Shahid was sentenced to life imprisonment with a relationship between changes in crime rates and minimum of 25 years for murdering Kriss Donald, changes in prison rates; trying to defend what is aged 15 in 2004. Imran Shahid and two others right, what is just and what is effective by fake abducted Kriss Donald, stabbed him 13 times, figures about re-offending rates which of course doused him with petrol and set him alight. The can never be known or counted. So instead we judge said Shahid was “a thug, and bully with a count reconviction rates and, as Lesley McAra told sadistic nature not fit to be free in civilised society.” us, they measure the activities of criminal justice organisations and do not tell us what people claim I am citing these cases in order to start off my they tell us. But we are trapped into using them. attempt to pull together the threads of this How much more interesting it has been than that. extraordinarily rich, dense and complex set of We here all know that much of what we are doing discussions. According to the programme we have currently in criminal justice is wrong. We have been been discussing ‘Alternatives to Prison’, but able to explore in some detail with such a actually, reasonably enough, we have been distinguished group of people the difficult discussing crime and punishment. I cite these cases questions. We have been able to push a bit at the in order to ask how these four acts can have boundaries of what is usually talked about in enough in common to send the perpetrator to the criminal justice meetings. ‘Is punishment ethical?’ same place? How can these four acts be The Lord Chief Justice of England and Wales asked. responded to with the same punishment? How ‘Do people deserve to be punished?’ Bishop can all four of these people be given the severest Holloway suggested punishment is ‘a dubious moral punishment available to the state, a punishment transaction’ and regretted, I suspect, that it had that is varied in length but brings with it the stigma been decided to abandon the earlier version of of a prison sentence for many years? the programme which was called ‘alternatives to punishment’. He pointed out that other cultures Does this increase public confidence in the system? do not punish as we do. Some societies use This is important, as Lord Phillips reminded us this processes that bring the perpetrator of a crime to morning. The range of behaviour covered by those understanding and repentance. We were able to four cases – all of which got the severest penalty think about how, as Malachi O’Doherty said ‘we available – suggests that we are talking here of find ourselves in a cultural climate in which something strange, something hard to understand punishment is relished.’ Sheriff Sheehan suggested at first glance. So I will now try and pull together that the criminal justice system was a very crude what understandings have emerged from our way of modulating peoples’ behaviour. We discussions of this strange phenomenon. Let me wondered what the political and sociological facts start by saying what a relief it was that we were are behind the thirst for punishment. Has terrorism all – more or less – the converted. What a relief it had an effect? was that we did not need to cover the well-trodden ground that has to be covered for instance when Paddy Hillyard brought to our attention research broadcasters think they have to have ‘balance’ on showing how countries that run down spending their programme. This is an absurd idea because on their welfare system see a large increase in it is they who decide where the mid-point is imprisonment. We also had a range of contributors between the one view and the other. If they have who were able to show us by a simple word picture on a moderately rational person who says, the real meaning of a system often clothed in perhaps, ‘alternatives are good sometimes’, the pseudo-scientific, optimistic fabrications. There is balance has to be a more extreme person who Andrew McLellan’s story of the mentally ill man – says ‘that’s an affront to victims; this softness on he couldn’t be with society outside – he was so ill crime is leaving old people living in fear; why should that he couldn’t even mix with the prison society. muggers and burglars get a slap on the wrist?’ He was held alone in solitary confinement. Erwin The broadcasters could as well achieve their James was invited to become a Guardian ‘balance’ by inviting someone who thinks prison is columnist. He approached the Governor of the not a good idea at all and the prison population prison where he was being rehabilitated for

30 7-9 December 2006 Alternatives To Prison permission. The Governor says ‘do you want 50 When all is said, and all is done, small Noes or one big No?’ John Lonergan told us Jailing the sick is not much fun; about the boy in the juvenile prison who got a But if we think we can act with impunity, certificate for nothing really, just for attendance. And let them out into the community, He gives the certificate to the priest and asks him The reports of their misdeeds will run and run…. ‘Father, mind that for me till I come out.’ On all –but page 3 - of our Rupert’s ‘’Sun’’ There was the probation officer from England who told us that all the documents have been printed Should we despair or should we be bold? to use the word ‘offender’ and when he has to Should we just tellit… as it ought to be told? get his ex-offenders to sign them he apologises to But if we release them… imprison them less, them. And of course there was Camila, telling us Can we sensibly look for support from the Press? of hundreds of teenagers who have lost their capacity to feel, and so have the social workers That Mr Chairman is rather a hard yin, who enter the profession with high aspirations For I can’t find a rhyme for ‘’Manchester Guardian’’. because, she said, ‘there is a kind of joy in helping; the helper is as enriched as the helped one.’ But The chance to move out of the usual sterile debate they suffer such shame at turning so many people and push back the boundaries made our event here away, they too go dead. We had an opportunity very different and very worthwhile. The depth of to hear about human rights erosions too. Claire thoughtful experience of all of our contributors Hamilton told us about the erosion of the made us see what we are doing in all our countries presumption of innocence, and Kathleen Marshall, in a new light. I said we basically agreed. On what the Children’s Commissioner of Scotland, told us did we agree? We had little difficulty in agreeing of another sort of erosion. Adults feel that the that prison is not a solution to society’s ills and presumption of innocence has been removed should have, as Richard Sparks suggested, a place because of possible allegations of child abuse, and as a specialised institution at the apex of a criminal children feel that the presumption of innocence justice system. We did not forget – and they are has been removed from them whenever they often forgotten – women in prison. Satvinder Juss gather in a crowd. reminded us of their particularly disadvantaged status. Andrew McLellan told us 100% of women And of course, there is one more problem that coming into Cornton Vale prison tested positive for looms over all these discussions. Put in the illegal substances. Andrew Coyle touched on the inimitable style of John McCluskey, who concluded marketisation of criminal justice, the dangers that his after-dinner speech by suggesting that the main come with the buying and selling of punishment, themes of the Conference might be summed up the concept of prison as a business that will in a few verses that owed more to William continually expand. One implication of that was McGonagall than to Robert Burns:- well illustrated by two interventions on Thursday. Colin Moses, Chairman of the Prison Officers’ Let’s hug a hoodie, love a lout, Association for the United Kingdom, asked a We’ll show them what we care about: question that was to become a key question in Let thoughtful polices prevail, our discussion. ‘What are prisons being used for?’ For keeping people out of jail, . . . And he answered his question – ‘unwanted black people and drug using people that the health But ministers turn deathly pale. system does not want.’ .ask…….’’What about the Daily Mail?’’ Another contributor, a staff member from a private Our policies are in a mess, prison in Wales, said there are problems, but of Ministers - and judges - can only guess course that doesn’t mean that prison doesn’t work Where they will lock up increasing numbers – of course it can work, he said. This is rather like From a criminal class that never slumbers . . . people at the Estee Lauder cosmetic counter telling us that anti-ageing creams at £50 for a small jar Release them early? Punish them less? work. Scepticism is called for when the one making ‘‘But what about the Daily Express?’’ the profit claims the product works. And we saw, in these two short interventions, what happens

31 7-9 December 2006 when public sector employees who can speak in bored and jaded reformer – the story from Ireland. public about their work from the perspective of Justice Murray told us that custody in Ireland is the public interest – society’s interest – are replaced waning. There is a Garda diversion programme, a by those who must, if they are any good as strong restorative justice flavour, the convening of employees, put the interests of the business first. family conferences, an emphasis not on punishment but on taking responsibility. The We did not have much disagreement about primary purpose is to divert children from the alternative sentences, non-prison disposals either. criminal justice system altogether. When charged, Cathy Jamieson, the Minister for Justice from the Court can divert the child to the health service, Scotland – and I note in passing that Scotland has which is then required to take the necessary steps. a Justice Minister, as has Ireland. England and The bedrock principles of the system are based Wales has no Justice Minister but England does on the Convention on the Rights of the Child and have a Home Secretary who is MP for a require that actions taken should be in the best constituency in Scotland, Shotts and Airdrie, which interests of the child. is subject not to his policies but to the policies of the Justice Minister Cathy Jamieson. Cathy We discussed the great fallacy that now besets Jamieson told us that Scotland had the widest the jurisdictions in these islands. The idea has taken range of non-prison penalties in Western Europe. root that putting people into the criminal justice She reminded us of the well-known fact that having system is a very good way of giving social help a lot of non-prison sentences does not ensure their and this is how the performance of the institutions use instead of prison. should be measured. The participant from Ireland who used to work in prison education drew our Lord Coulsfield did us a great service by giving us attention to an important change. Official a definition of how we should answer the question, documents no longer make it clear, as they once which is often asked – do alternatives to prison did, that prison is a damaging experience and its work? ‘Do they work’ means do those who are use should be kept to a minimum. Lesley McAra undergoing them turn up? Do they do the work? pointed out that the system in Scotland had been Do they take it seriously? Are they properly required to deliver targets of reduced recidivism, supervised? That is such a useful answer to the as if it were within its power to do so. ‘do alternatives work then?’ question. Lord Coulsfield also set out for us two other As we cleared away the fallacies, the shape of a requirements that are needed if alternatives are different way of looking at things began to emerge. to be used to make a dent in the use of prison. Tony Bottoms helped us to see a different way The judges must be involved and when they are it through his discussion of studies of small areas. does the trick. He told us that ‘even a most People will be less punitive and more accepting of ferocious judge is now prepared to give a non-prison punishments if they feel their area is community service order.’ The other requirement safer, they are listened to, the area is under control, is community involvement. Ordinary people from there is a collective action and there are local local community organisations must get alongside figures whose job it is to keep the area under the professionals. control. The implication of this research is clear. The approach that matters is the local approach. The subject of young people is particularly Research in Scotland and also in Dublin shows that interesting because our jurisdictions are so the home addresses of prisoners are dramatically different. We have the Scottish system which is heavily concentrated. A new way of looking at widely admired as one of the most advanced in crime and punishment is to think first of place, to Europe, and we have the English system - where build up a system that is related to where people the age of criminal responsibility is ten – which is live and what they experience. Such a system in in crisis and has been heavily criticised by the UN England and Wales would look very different from Committee on the Rights of the Child, the Council the system in place now. For example, probation of Europe Human Rights Commissioner and the officers in England and Wales would have to return Joint Committee on Human Rights of the UK to their community role. So we should reflect on Parliament. the possibilities of a shift to a much more local approach. John Rowe’s mention of the role of local And today we heard something to cheer up any authorities is a pointer to the direction we should

32 7-9 December 2006 Alternatives To Prison take. The model being followed in Scotland of protest and say it has to change?’ Indeed, why the Community Justice Authorities, which will bring aren’t they? the prisons in to statutory local arrangements also has the potential through a new form of We have heard some terrible things in this governance to give us a new outcome. conference. Camila reminded us how huge now the gulf is – ‘we have forgotten social kindness’ This leads to another set of insights. George Irving she said. In our society each individual is a suggested we have much to learn from seeing commodity and has to sell that product. One crime as a public health issue – with much more section of society can do this and are doing well. prevention and putting more priority into problem Others cannot. We see the destruction of the solving, dealing with the symptoms in the places public sphere. We are not responsible for others. where they occur. The experience of Glasgow’s We pay our taxes to buy our freedom from these Violence Reduction programme suggests this is a people. It was 25 years ago that one of Lord Hope’s very fruitful approach. distinguished predecessors, Lord Scarman, reported on the causes of riots in Brixton prison, It was argued that we need to have another look mainly aimed against the police. He analysed what at sentencing. David Casement very wisely pointed happened. He found poverty, terrible living out the uselessness of having a statute in England conditions, and poor education. He concluded we and Wales setting out five purposes of sentencing cannot have criminal justice without social justice. and no indication of priority. One of these purposes Criminal justice without social justice leads, as this is rehabilitation. How could such a purpose be conference has shown, to great injustice, against other than a sham when there is no housing for the poor, the sick, the addicted and the inadequate. homeless defendants, no education and training People who, in the words of Lord Phillips, have for prisoners? Tony Bottoms noted that judges have lost their way. become more punitive and we need to revisit the custody threshold. Andrew Normand reminded Let me end by returning to the four cases with us of the problem-solving courts, the drug court which I began. What then is an alternative to and the domestic violence court where the prison? In the case of Imran Shahid it is a prison - judiciary plays a big role in trying to change the but a prison very different from the one where circumstances that led to the crime. Chief Justice Erwin James struggled to remake himself. For the Murray told us about a court-run reparation Labour Peer it is alcohol treatment and some form project. We could expand that approach too. of substantial retribution to the community. For What about prisons? Erwin James, I think, said Rosina Connor’s son it is a school place that fits his prisons have basically not changed for the past needs. And for the woman that tried to commit 100 years. They may have televisions now but in suicide it is just a big dose of humanity. their essence the idea is the same. Andrew Coyle asked ‘is it time to reconceptualise prisons?’

Beyond all this, there was a strong feeling that we must stop talking to ourselves; we must become more vocal and more energetic. We have some very important things to say, as Lord Phillips reminded us. Veronica Linklater told us how strongly she felt about the system in England of imprisoning children as young as 12 in prison-like regimes totally unsuited to their age. This is very different from the system in Scotland of children needing compulsory ‘care’. I know she feels very strongly – and so do many others – because she does not rest. She raises it at every opportunity she visits these children’s prisons. She protests. Clive Palmer from Manchester made a very good proposal. ‘What are we doing?’ He asked. ‘Why aren’t all the organisations coming together to

33 7-9 December 2006

APPENDIX ONE SPEAKERS’ BIOGRAPHIES

Baroness Linklater of Butterstone support her. Chair, Rethinking Crime and Punishment Cathy Jamieson MSP Baroness Linklater has a background in social work having Minister for Justice, The Scottish Parliament qualified as a Child Care Officer in the late ‘60s. She became increasingly involved in the criminal justice system Cathy Jamieson is the Minister for Justice. She is MSP and was involved in starting the first Visitor’s Centre for for Carrick, Cumnock and Doon Valley and is Deputy prisoners’ families at Pentonville in 1971. She helped to Leader of Labour in the Scottish Parliament. found the Butler Trust in 1984 which is a national award scheme recognising excellent work by people employed Born in 1956, Cathy Jamieson was educated at James in the prison services of the UK. She is now the Vice- Hamilton Academy in Kilmarnock. She obtained BA President of the Trust. She was a magistrate in London for several years and then a Children’s Panel Member in (Hons) in Fine Art at Glasgow Art School and a Higher Edinburgh in the ‘90s on her return home to Scotland. Diploma in Art at Goldsmiths College in London. She also has a Certificate of Qualification in Social Work and Created a Life Peer in 1997, Baroness Linklater speaks a Certificate in Management, which she gained at on criminal justice matters and special educational needs. Glasgow University and Caledonian University Her particular interest is in children and young people respectively. who are troubled, at risk of offending or in custody. A Trustee of the Esmee Fairbairn Foundation since 2001, Originally trained as an Art Therapist, Cathy Jamieson she also chairs their initiative ‘Rethinking Crime and developed her career in working with young people at Punishment’ which is looking at the use of imprisonment risk. She was Principal Officer of Who Cares? Scotland, and alternatives to custody. Having published a major report in 2006, RCP is now engaged in implementing the advocacy organisation for young people in care. She some of the findings with a view to developing a better was a member of Edinburgh Inquiry into Abuse in understanding of, and confidence in, community residential care and served on Management and Advisory penalties. Committees of several childcare agencies.

In 1991, she founded The New School, Butterstone in She served as Minister for Education and Young People Perthshire, for ‘Educationally Fragile’ children. The school for 2001-2003. itself, and the wider issues of catering for children who do not cope of thrive in mainstream education are another She is married and has a son. central interest for her. This involves her in issues concerning further education, inclusion (and what it Elfyn Llwyd MP means), and the future of vulnerable and fragile children House of Commons and young people whether they have learning difficulties of are in trouble. She was a member of the Beattie Elfyn Llwyd is Parliamentary Leader of the Plaid Cymru Committee, which made recommendations on Post- group at Westminster. He was elected to Parliament School Provision for Young people with Special Needs in for Meirionnydd Nant Conwy in 1992, following the Scotland, and a member of the Scottish Committee, retirement of Dafydd Elis Thomas (Now Lord Elis- Barnardos 2001-4. Thomas) from the House of Commons. Born on 26 September 1951 in Betws-y-Coed, he was educated at She is a Patron, inter alia, of the National Family and Ysgol Dyffryn Conwy in Llanrwst, University College of Parenting Institute, Action for Prisoners’ Families, the Wales, Aberystwyth and the College of Law, Chester. Probations Boards Association, National Schizophrenia He qualified as a solicitor in 1977 and was called to Fellowship, Scotland and Research Autism. She is also the Bar in 1997. an Advisory Board Member of the Beacon Fellowship and the Koestler Award Trust. Elfyn Llwyd has previously served on the Welsh Affairs Select Committee and is currently a member of the She has an interest in the arts and music and is Vice- Standards and Privileges Committee. He is the Party Chairman of the Pushkin Prizes (Scotland), a creative spokesperson on Constitutional Affairs, Environment, writing prize for 13 and 14 year-olds. Food & Rural Affairs, Defence, Foreign Affairs, Home Affairs and Local Government. He is also Vice-Chair of Her first commitment is to her family who inspire and

34 7-9 December 2006 Alternatives To Prison the House of Commons All-Party Group on UK Sikhs she says it never arrived, however the couch did break and a member of the British-Irish Parliamentary Body. A once. Her life is never without an adventure. She describes keen pigeon breeder, he also enjoys choral singing, her work as a vocation for which she has to raise £4 rugby and fishing. His political interests include civil million a year. In her early twenties Camila set up The liberties, agriculture and tourism. He is a Place To Be, currently a national programme offering ‘Parliamentary Friend’ of the NSPCC in Wales and was therapy in schools. In her early thirties Camila set up Kids the President of Gwynedd Law Society 1990-91. A Company, which delivers both practical and therapeutic fluent Welsh speaker, he was appointed to the highest interventions to 11,000 exceptionally vulnerable inner city order of the Gorsedd of the Bards in 1998. He is children. In her early forties, Camila guarantees she will married with a son and daughter. not run a camel sanctuary, anything else is possible!

Claire Hamilton LLB The Lord McCluskey Lecturer in Criminology, Dublin Institute of Edinburgh Technology Baron cr 1976 (Life Peer), of Churchhill in the District of Claire Hamilton LL. B. (Ling. Franc.), B.L., M. Litt., the City of Edinburgh; a Senator of the College of Justice DipEurCon on Human Rights, is a barrister and a in Scotland 1984-2000; b 12 June 1929; s of Francis John Lecturer in Criminology, Dublin Institute of Technology. McCluskey, Solicitor, and Margaret McCluskey; m 1956, She is currently Chair of the Irish Penal Reform Trust Ruth Friedland Educ: St Bede’s Grammar Sch., and is author of the forthcoming book The Presumption Manchester; Holy Cross Academy, Edinburgh; Edinburgh of Innocence in Irish Criminal Law, Irish Academic University Harry Dalgety Bursary, 1948; Vans Dunlop Press. Scholarship, 1949; Muirhead Prize, 1949; MA 1950; LLB Dr Lesley McAra 1952. Sword of Honour, RAF Spitalgate, 1953. Admitted Senior Lecturer in Criminology, University of Faculty of Advocates, 1955; Standing Jun. Counsel to Edinburgh Min. of Power (Scotland), 1963; Advocate-Depute, 1964- 71; QC (Scot.) 1967; Chm., Medical Appeal Tribunals Lesley McAra is a Senior Lecturer in Criminology in the for Scotland, 1972-74; Sheriff Principal of Dumfries and Centre for Law and Society, University of Edinburgh, and Galloway, 1973-74; Solicitor General for Scotland, 1974- co-director of the Edinburgh Study of Youth Transitions 79. Chm., Scottish Association for Mental Health, 1985- and Crime. Prior to this she was a Senior Research Officer 94. Independent Chairman: Scottish Football League’s within the Central Research Unit of the (then) Scottish Compensation Tribunal, 1988-; Scottish Football Office where she was responsible for the development Association’s Appeal Tribunal, 1990-. Reith Lectr, BBC, and management of a research programme evaluating 1986. Chm., John Smith Meml Trust, 1997-2004. Editor, social work criminal justice services. In 2004 she acted Butterworth’s Scottish Criminal Law and Practice series, as a specialist advisor on youth justice to the ‘Justice 2 1988-2005. Hon. LLD Dundee, 1989. Committee’ of the Scottish Parliament and she is currently an academic advisor to the Scottish Executive ‘Scotstat, Publications: Law, Justice and Democracy, 1987; Criminal Crime and Justice Committee’. Recent publications Appeals, 1992, 2nd edition 2000. include an article in the Cambrian Law Review exploring convergent trends in youth justice in Scotland and Recreations: Tennis, pianoforte. England/Wales and a chapter on the ‘de-tartanisation’ of the Scottish system of youth justice in B. Goldson and Professor Andrew Coyle CMG J. Muncie (eds.) (2006) Comparative Youth Justice, Former Prison Governor, International Centre for London: Sage. She is also co-editor (with Sarah Prison Studies, University of London Armstrong) of the book Perspectives on Punishment: the Contours of Control, published in 2006 by Oxford Andrew Coyle is Professor of Prison Studies at Kings University Press. College, University of London. Between 1997 and February 2005 he was also Director of the International Camila Batmanghelidjh Centre for Prison Studies (ICPS). Before that he had Director and Founder, Kids Company worked for 25 years at a senior level in the prison services of the United Kingdom, during which time he was Camila Batmanghelidjh has a First Class Degree in Fine governor of Greenock, Peterhead, Shotts and Brixton and Performing Arts. She has been given Fellowships, prisons. He is a prisons adviser to the UN, the Council of Honorary Degrees and Awards by which she is deeply Europe, including its Committee for the Prevention of touched but prefers keeping a cartoon of herself on the Torture, the Organisation for Security and Co-operation mantelpiece. She knew since she was nine years old in Europe and several national governments. He is a that she would work with vulnerable children. She trained member of the UK Foreign Secretary’s Expert Committee as a psychotherapist and lay on a psychoanalytic couch against Torture. He has a PhD in criminology from the five days a week for sixteen years in search of boredom, Faculty of Law at the University of Edinburgh and is a

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Fellow of King’s College London. He was appointed a Sir Anthony Bottoms Companion of the Order of St Michael and St George Wolfson Professor of Criminology (CMG) by the Queen in 2003 for his contribution to international penal reform. Sir Anthony Bottoms is Emeritus Wolfson Professor of Criminology, University of Cambridge, and Professorial Dr Andrew RC McLellan Fellow in Criminology, University of Sheffield. He is a HM Chief Inspector of Prisons, HM Inspectorate of Fellow of the British Academy. In 2003-4 he was Research Prisons for Scotland Director for the Independent Commission established by the Esmee Fairbairn Foundation to consider Alternatives Andrew McLellan has been HM Chief Inspector of Prisons to Prison ( the Coulsfield Commission), and in this capacity since October 2002. As a parish minister he lived and he edited (with Sue Rex and Gwen Robinson) the worked in Greenock and Stirling. In Greenock he was Commission’s research volume, entitled Alternatives to elected a member of the District Council and served as a Prison: Options for an Insecure Society (Willan Publishing university tutor; in Stirling he was a prison chaplain. Then 2004). he served as minister of St Andrew’s and St George’s in the centre of Edinburgh for sixteen years. During that David Casement time the interest of that congregation was focused both Recorder of the Crown Court and Barrister at on working with the city centre business and retail Exchange Chambers, Manchester community and on aid for the world’s poor. For four years he was the convener of the Church and Nation David Casement is a practicing barrister and sits as a Committee of the Church of Scotland, which deals with Recorder of the Crown Court in the North-West of social and political matters on behalf of the church. In England. A former president of the Oxford University Law 2000 he was Moderator of the General Assembly of the Society, after reading law at Oxford he was called to the Church of Scotland. He is the author of two books arising Bar in England by the Middle Temple as an Astbury Scholar out of his experience as preacher and as Moderator. He in 1992 and to the Irish Bar in 1997. He practises from is a member of the Board of Directors of Scottish Exchange Chambers, Liverpool and Manchester, and Serle Television; and was chairman of the Scottish Advisory Court, London. His areas of practice include human rights Committee on Religious Broadcasting for the BBC. law. He has coupled a career at the Bar and a part-time judicial career with a long-term involvement in addressing Erwin James political and social issues facing communities. He served Journalist and Author, who was in prison for 20 on the Executive Board of Encounter from 2000 to 2006. years Governor John Lonergan Erwin James was born in Somerset in 1957. A family Mountjoy Prison, Dublin lifestyle described as “brutal and rootless” by a prison psychologist following the death of his mother when John Lonergan is a native of Bansha, Co. Tipperary. Joined James was seven, led to a limited formal education. He the Irish Prison Service in 1968 and was appointed gained his first criminal conviction aged ten and was taken Governor of Mountjoy Prison in 1984. Also served as into care in Yorkshire aged 11. His teenage and early Governor of the top security prison in Portlaoise from adult years were spent drifting, living with extended family November 1988 until May 1992. He is married with two members, and often sleeping rough. He worked in various grown-up daughters. His philosophy is that change, labouring jobs, but also committed relatively petty, mostly personal or otherwise, cannot be enforced on people, acquisitive, but occasionally violent crimes (criminal believing that real and meaningful change comes about damage, common assault.) His directionless way of life through consent and agreement. He is convinced that continued, including several years in the French Foreign people change from the inside out and that the task for Legion, until 1984 when he was jailed for life. all of us is, first of all, to find the humanity in another human being and then to nurture it. The more a person In prison he took a degree course with Open University becomes aware of their own humanity the more likely majoring in History and graduated in 1994. His first article they are to treat others with respect. He argues that there for a national newspaper, The Independent, appeared in is a direct link between crime and social and economic 1994. He won first prize in the annual Koestler Awards deprivation and believes that the biggest challenge facing for prose in 1995. His first article in The Guardian us today is not the economy but how we are going to appeared in 1998 and he began writing a regular column, create a just, inclusive and cohesive society based on the entitled ‘A Life Inside’, in The Guardian in 2000. A core values of justice, equality, fairness and compassion. collection of his columns A Life Inside, a Prisoner’s Governor Lonergan has spoken at numerous seminars Notebook, was published in 2003. A follow up, The and is a frequent guest on RTE. Home Stretch, From Prison to Parole, was published in April 2005. James was released from prison in August 2004 after having served 20 years to the day, and continues to write for the Guardian. 36 7-9 December 2006 Alternatives To Prison

John Rowe QC Recreations: Former Chairman of the Bar of England and Wales Walking, Swimming, France

1960, Called to the Bar of England and Wales The Hon Mr Justice John L Murray 1982, Q C Chief Justice, Ireland 1985, Called to the Bar of Ireland 1988–1992, Leader of the Northern Circuit of the Bar Mr. Justice Murray was born in 1943, Limerick: married 1993, Chairman of the Bar of England and Wales (1969) to Gabrielle Walsh. In 1967 he was called to the 1987–1990, Parole Board Bar of Ireland. In 1981 he was called to the Inner Bar. 1994–2001, Independent Reviewer to Parliament of As a member of the Irish Bar he enjoyed a substantial the prevention of terrorism statutes practice in civil and constitutional law matters, appeared in major public Tribunals of Enquiry, and his practice Co-founder of the Free Representation and Advice extended to the supranational level. He was Counsel in Scheme on the Northern Circuit cases before the Court of Justice of the European Communities (Luxembourg), the European Commission Established a team of barristers to lecture to on Human Rights and the European Court of Human Manchester schools on human rights Rights (Strasbourg). He was Attorney General of Ireland from August to December 1982 and again from 1987 to Lectures to Manchester Metropolitan University on 1991. From 1991 to 1999 he was a Judge of the Court human rights and legal ethics of Justice of the European Communities. From 1997 to 2000 he was a visiting Professor of Law at the Université Co-author of a book Human Rights in the UK de Louvain. From 2000 to 2003 he was Chairperson of the Anti-Fraud Committee of the European Central Bank The Rt Hon The Lord Phillips of Worth Matravers In 1999 he was appointed a Judge of the Supreme Court The Lord Chief Justice of England of Ireland. He was appointed Chief Justice of Ireland in July 2004. He is also Chairman of the Courts Service Born 21 January 1938. Evacuated to Canada during the Board and the Judicial Appointments Advisory Board. war. Bryanston School 1951–1956 where he studied classics. Baroness Vivien Stern CBE Senior Research Fellow, International Centre for 1956–1958: National Service with the Royal Navy as Prison Studies, London Midshipman RNVR – home waters and Mediterranean; Cyprus patrol. Vivien Stern is Senior Research Fellow at the International Centre for Prison Studies (ICPS) at King’s College, London. 1958–1961: King’s College Cambridge. Exhibitioner – 1st She is also Honorary President of Penal Reform Class degree in Part II Law Tripos. International (PRI), a non-governmental organisation promoting penal reform throughout the world which she 1962: Called to the Bar by the Middle Temple founded with others in 1989. In 2003 she became the (Harmsworth Scholar). Practised at the Bar 1962–1987, Convenor of the Scottish Consortium on Crime and specialising in Admiralty and Commercial work. Criminal Justice; she has been a Crossbench Peer since Junior Counsel to the Ministry of Defence and to the 1999 and a member of the Parliamentary Joint Committee Treasury in Admiralty matters 1973–1978. QC 1978. on Human Rights since 2004. From 1999 to 2003 she Recorder 1982–1987. was a member of the House of Lords European Select Committee. She is a Trustee of the Milton S Eisenhower Judge of the High Court of Justice, Queen’s Bench Division, Foundation in Washington D.C. and a member of the 1987–1995, where sat in the Commercial Court and also Advisory Board of the United Nations Latin American presided over the Barlow Clowes and Maxwell Institute for the Prevention of Crime and the Treatment prosecutions. Promoted to the Court of Appeal 1995. of Offenders (ILANUD). Her publications include Bricks Elevated to Lord of Appeal in Ordinary on 12 January of Shame: Britain’s Prisons; A Sin Against the Future: 1999. Master of the Rolls and Head of Civil Justice on 6 Imprisonment in the World; Alternatives to Prison in June 2000-2005. Appointed Lord Chief Justice of England Developing Countries; Developing Alternatives to Prison and Wales on 1st October 2005. in East and Central Europe and Central Asia and Sentenced to Die? The problem of TB in prisons in Eastern Honorary Degrees: Europe and Central Asia. Her latest book, Creating 1993 Hon LLD, Exeter University Criminals: People and Prisons in a Market Society, was 2003 Hon LLD, Birmingham University published by Zed Books in May 2006. 2003 Doctor of Civil Law City, University, London 2005 Honorary LLD, London University

37 7-9 December 2006

APPENDIX TWO PARTICIPANT LIST Sir Michael Atiyah PRSE Mr Justice Paul Carney President High Court The Royal Society of Edinburgh Dublin

Tam Baillie Paddy Carpenter Assistant Director (Policy and Influence) Board Member Barnardos Scotland Encounter

Vaughan Barrett Nic Cartledge Scottish Prison Complaints Commisioner Wolfson College Scottish Prison Complaints Commision University of Cambridge

*Camila Batmanghelidjh *David Casement Director and Founder Recorder of the Crown Court and Barrister at Exchange Kids Company Chambers

Walid Belkhear Peter Cave Managing Director Board Member WB Translating & Interpreting Ltd. Encounter

Alexander Fulton Bell Kit Chivers Former Board Member Chief Inspector The Airborne Initiative Northern Ireland Criminal Justice Inspectorate

Sir David Blatherwick Michael P Clancy UK Chair of Encounter Director of Law Reform The Law Society of Scotland Lady Clare Blatherwick Former Barrister Patrick Conway The Northern Ireland Association for the Care & *Sir Anthony Bottoms Resettlement of Offenders (NIACRO) Wolfson Professor of Criminology University of Cambridge John Cooke Board Member Caitriona Brosnan Encounter Restorative Justice Services Ireland Philomena Costelloe Director His Honour Judge Tom Burgess Victim Support Recorder of Belfast The Rt Hon Lord Coulsfield Oonagh Burns Prisoner Development Unit *Professor Andrew Coyle HMP Magilligan Former Prison Governor International Centre for Prison Studies Lady Ann Buxton Justice of the Peace Sheriff Frank Crowe Director of Judicial Studies Committee Jonny Byrne Institute for Conflict Research Dr Joe Curran Belfast Depute Director Criminal Justice Social Work Development Centre for Tony Cameron Scotland, University of Edinburgh Chief Executive Scottish Prison Service Ray Dickson Flintshire Youth Offending Team Elizbeth Carmichael Head of Community Justice Division Micheal Donnellan Scottish Executive Justice Department Director Probation Service

* Denotes Speaker / + Denotes Chairman 38 7-9 December 2006 Alternatives To Prison

Robert Drennan Professor Paddy Hillyard Superintendent Dept. of Sociology and Social Policy Criminal Justice Department Queen’s University Belfast Police Service of Northern Ireland Richard Holloway FRSE Revd. Fr. Eugene Drumm Former Bishop of Edinburgh Chaplain And Primus of the Scottish Episcopal Church Portlaoise Prison +The Rt Hon Lord Hope of Craighead FRSE Dr William Duncan Lord of Appeal in Ordinary Chief Executive Law Lords Corridor, The House of Lords The Royal Society of Edinburgh Professor Roger Houchin Jonathan Edwards Centre for the Study of Violence Barrister Glasgow Caledonian University Graham Howes Judge Mary Fahy Board Member District Court Encounter Galway, Ireland John Hunsdale Colonel Clive Fairweather Manager Former Chief Inspector of Prisons/ Airborne Advisor Extern

Mairead Fernane Professor Neil Hutton Chairperson Dean, Faculty of Law, Arts and Social Sciences Federation for Victim Assistance University of Strathclyde

Maria Flynn Professor George L Irving Restorative Justice Services Chairman, National Support Team Ireland NHS Ayrshire and Arran

Phil Forder *Erwin James Writer/Artist in Residence Journalist and Author Resettlement Department, HMP Parc who was in prison for 20 years

Ronnie Foreman *Cathy Jamieson MSP Board Member Minister for Justice Encounter The Scottish Parliament

Dr Andrew Fraser Henry Jones-Davies Director of Health and Care Board Member Health Department, Scottish Prison Service Encounter

Mrs Breidge Gadd Satvinder Juss 30 years involvement in criminal justice matters, nationally Board Member & internationally. Encounter Presently NI Chair of Big Lottery Nick Kuenssberg Timothy Guiheen Board Member Federation for Victim Assistance Encounter

*Claire Hamilton Alison Liebling Lecturer in Criminology Institute of Criminology Dublin Institute of Technology Cambridge

The Rt Hon Lord Hamilton Dr Magnus Linklater FRSE The Lord President Columnist Parliament House The Times & Scotland On Sunday

James Hamilton *Baroness Linklater of Butterstone Director of Public Prosecutions Chair Rethinking Crime and Punishment Helen Casey Asst. Principal Officer *Elfyn Llwyd MP Department of Justice, Equality and Law Reform Plaid Cymru

* Denotes Speaker / + Denotes Chairman 39 7-9 December 2006

*Governor John Lonergan Susan McVie Governor Senior Research Fellow Mountjoy Prison School of Law, University of Edinburgh

Peter Lyner Maggie Mellon UK Administrator Encounter Director Encounter Children First

Phyllis Lyner Dorothea Melvin UK Secretariat Encounter Irish Joint Chair of Encounter Encounter Julia Miles Catherine Mac Daid Psychotherapist and ex-Probation Officer The Hague, Netherlands Sheriff Alan Miller Declan Mac Daid Youth Justice Consultant/ Part-time Sheriff Board Member Encounter Bernadette Monaghan Chief Executive Deirdre MacBride APEX Scotland Northern Ireland Policing Board Carol Moore +The Rt Hon Lord MacLean FRSE North Wales Criminal Justice Board Senator of Her Majesty’s College of Justice in Scotland And Chief Probation Officer Parliament House North Wales Probation Service

Professor Gerry Maher Caryl Moore Commissioner Chair Scottish Law Commission Independent Monitoring Board HMP Nottingham Michele Marken Board Member Corin Morgan-Armstrong Encounter Deputy Head of Resettlement HMP Parc Professor Kathleen Marshall Scotland’s Commisioner for Children and Young People Clare Morrison The Northern Ireland Assosication for the Care and Susan Matheson Resettlement of Offenders (NIACRO) Chief Executive SACRO Joy Morris Prison Visitor *Dr Lesley McAra Senior Lecturer in Criminology Richard Morris University of Edinburgh Prison Visitor

Ariana McCartney Paul Morron Public Achievement Chair Belfast NCH Scotland

*The Lord McCluskey Colin Moses National Chairman Alan McCreadie Prison Officers Association Deputy Director of Law Reform The Law Society of Scotland Roisin Muldoon Assistant Chief Officer Dr Anthony McIntyre Probation Board for Northern Ireland Chairperson Ex-Prisoners Assistance Committee Mary Munro Criminal Justice Researcher *Andrew RC McLellan CJ Scotland HM Chief Inspector of Prisons HM Inspectorate of Prisons for Scotland Eric Murch Director of Partnerships and Commisioning Joyce McMillan Scottish Prison Service Board Member Encounter

* Denotes Speaker / + Denotes Chairman 40 7-9 December 2006 Alternatives To Prison

Alice Murphy Chris Robinson Vice-Chair and Director Area Manager, Probation Programmes & Development Unit Victim Support Greater Manchester Probation Area

Finbarr Murphy Zsa Roggendorff Director Chair, Independent Monitoring Board Garda Juvenile Diversion Programme HMP Ford

Paul Murphy *John Rowe Head Psychologist Former Chairman of the Bar of England and Wales Prison Service Dr Hannah Royle *The Hon Mr Justice John L Murray Polmont YOI Chief Justice Visiting Committee Member Ireland Trevor Royle FRSE Sheriff Andrew Normand Associate Editor Sheriff Court Glasgow and Strathkelvin Sunday Herald

Rita O’Brien +Dr Alan Rutherford Board Member Co-founder and Former Chairman Encounter The Airborne Initiative

Malachi O’Doherty Fergal Rynne Board Member Garda Juvenile Diversion Programme Encounter Christine Scullion Dr Paul O’Mahony Assessment Manager Trinity College The Robertson Trust Dublin Sheriff A V Sheehan +Tom O’Malley Barrister and Senior Lecturer in Law Professor (Hon) James Sheffield University College Galway Head of Analytical Services Division Scottish Executive Justice Department Clive Palmer District Manager Seamus Sisk Greater Manchester Probation Area Deputy Director of Regimes Prison Service *The Rt Hon The Lord Phillips of Worth Matravers The Lord Chief Justice of England +Professor Richard Sparks Professor of Criminology Sir Joseph Pilling University of Edinburgh Chairman Koestler Trust Professor (Hon) Alec Spencer Chairman, Scottish Accreditation Panel for Offender Charles Pinney Programmes Independent Monitoring Group Applicant Department of Applied Social Science, University of Stirling

Ben Preston Mrs Anne Stephens President, Students Union Prison Visitor Queen’s University Belfast Dr Salters Sterling Jimmy Quinn Irish Administrator Encounter Member Encounter Probation Board for Northern Ireland *Baroness Vivien Stern Sheriff Rita E. A. Rae Senior Research Fellow Sheriff/ Vice Chair International Centre for Prison Studies Parole Board for Scotland Sir Moray Stewart Lesley Riddoch Chair, North Glasgow College (Former) Board Member Member of Scottish Airborne Initiative Encounter

* Denotes Speaker / + Denotes Chairman 41 7-9 December 2006

David Strang Chief Constable Dumfries and Galloway, ACPO(S)

Cyrus Tata Director, Centre for Sentencing Research Strathclyde University

Kathryn Thompson Opportunity Youth Hydebank Young Offenders Centre

Balfour Thomson Ex Director The Airborne Initiative

Joyce Timms Irish Secretariat Encounter Encounter

+Professor Jackie Tombs Professor of Criminology University of Stirling

Kevin Warner Co-ordinator of Education Prison Education Service

Alison Williams Legal Secretary to Lord Phillips

Neil Wragg Director Youth at Risk

John Yianni Probation Programmes & Development Unit Greater Manchester Probation Area

* Denotes Speaker / + Denotes Chairman 42 7-9 December 2006 Alternatives To Prison

encounter

Supported by both the British and Irish Governments, Encounter is an independent organisation under its own Executive Board. To carry out its task, it organises periodic conferences and seminars, with a wide range of representation, on economic, social, cultural and other matters of common concern with a view to promoting mutual understanding, useful co-operation and good relations.

IDEAS

The ideas generated at Encounter events are submitted to both the British and Irish governments, together with the Parliament of Scotland, and the Assemblies of Wales and Northern Ireland, for their consideration.

ACTIVITIES

Encounter’s activities are directed by an Executive Board with members drawn from England, Ireland, Northern Ireland, Scotland and Wales.

At the centre of Encounter’s activities are conferences that bring together, often for the first time, people from the two islands with shared interests in particular subjects. By the end of 2003, over 4000 people from all walks of life, some of them leading practitioners in their fields, had attended more than 60 such events since they were launched in 1984.

Amongst those who have participated in Encounter’s meetings are leading figures such as Mary Robinson, Garret Fitzgerald, Bertie Ahern, Dick Spring, John Bruton, Douglas Hurd, Geoffrey Howe, Ivor Richard, Mo Mowlam, Cardinal Cathal Daly, Archbishops, EU Commissioners, Ambassadors and leading figures from business, industry, trade unions, the arts, media, culture and the environment.

The meetings have helped to forge new contacts, increased exchanges between, for instance, the five Arts Councils, and contributed to the establishment of new youth and cultural organisations.

Encounter pays special attention to promoting understanding between young people in Britain and Ireland and has organised conferences on topical issues specifically for them.

43 7-9 December 2006

The Royal Society of Edinburgh (RSE) is an educational charity, registered in Scotland. Independent and non-party-political, we are working to provide public benefit throughout Scotland and by means of a growing international programme. The RSE has a peer-elected, multidisciplinary Fellowship of 1400 men and women who are experts within their fields. The RSE was created in 1783 by Royal Charter for “the advancement of learning and useful knowledge”. We seek to provide public benefit in today’s Scotland by:

• Organising lectures, debates and conferences on topical issues of lasting importance, many of which are free and open to all

• Conducting independent inquiries on matters of national and international importance

• Providing educational activities for primary and secondary school students throughout Scotland

• Distributing over £1.7 million to top researchers and entrepreneurs working in Scotland

• Showcasing the best of Scotland’s research and development capabilities to the rest of the World

• Facilitating two-way international exchange to enhance Scotland’s international collaboration in research and enterprise

• Emphasising the value of educational effort and achievement by encouraging, recognising and rewarding it with scholarships, financial and other support, prizes and medals

• Providing expert information on Scientific issues to MSPs & Researchers through the Scottish Parliament Science Information Service

44 The encounter Royal S ociety of Edinburgh

Alternatives To Prison

Report of a Conference organised by The RSE: Educational Charity & Scotland’s National Academy Encounter and 22-26 George Street Edinburgh EH2 2PQ The Royal Society of Edinburgh

e-mail: [email protected] Tel. 0044 (0)131 240 5000 Minicom: (0)131 240 5009 www.royalsoced.org.uk 7-9 December 2006