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The Hybrid System: Imprisonment and Devolution in Wales

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The Hybrid System: Imprisonment and Devolution in Wales The Hybrid System: Imprisonment and Devolution in Wales Robert Jones Doctor of Philosophy School of Law and Politics March 2017 DECLARATION This work has not been submitted in substance for any other degree or award at this or any other university or place of learning, nor is being submitted concurrently in candidature for any degree or other award. Signed ………………………………………… (candidate) Date ………………………… STATEMENT 1 This thesis is being submitted in partial fulfilment of the requirements for the degree of …………………………(insert MCh, MD, MPhil, PhD etc, as appropriate) Signed ………………………………………… (candidate) Date ………………………… STATEMENT 2 This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by explicit references. The views expressed are my own. Signed ………………………………………… (candidate) Date ………………………… STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available online in the University’s Open Access repository and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed ………………………………………… (candidate) Date ………………………… STATEMENT 4: PREVIOUSLY APPROVED BAR ON ACCESS I hereby give consent for my thesis, if accepted, to be available online in the University’s Open Access repository and for inter-library loans after expiry of a bar on access previously approved by the Academic Standards & Quality Committee. Signed ………………………………………… (candidate) Date ………………………… Abstract The process of devolution in Wales has catalysed major political, cultural, social and institutional change. While these changes have been reflected within the research agendas of academics working within a number of disciplines, the study of criminal justice in Wales remains something of an exception. This research is an attempt to try and address this lacuna. The research charts the emergence of Wales as a distinct criminological space within the once ‘uniform’ system of England and Wales. This is explained as a consequence of the intersection of devolution in Wales with changes to the UK Government’s approach to criminal justice in England and Wales. The research shows that the unique constitutional arrangements that exist in Wales have led to the emergence of a hybrid system: criminal justice policy space occupied by two different governments, each with its own democratic mandate, policy vision and priorities. Having explained the emergence of the hybrid system in Wales, the research goes on to examine a number of key issues that emerge into clearer focus when Wales is taken seriously as a unit of criminological analysis. As such the thesis contributes towards wider criminological debates at the level of policy, practice and theory. These findings also help to develop a more critical understanding of Wales’ hybrid system. The research shows that the very structure of the hybrid system creates a situation in which UK Government criminal justice policies undermine the Welsh Government’s attempts to fulfil its responsibilities or fully implement its own policy objectives. The arguments presented throughout this research challenge the discipline of criminology to take account of the impacts of devolution on the ostensibly non- devolved criminal justice system in Wales. They also contribute towards a better understanding of debates now taking place over the possible devolution of criminal justice functions to Wales. Contents Acknowledgements ........................................................................................................ ii Chapter One – Introduction ........................................................................................... 1 Chapter Two – A Welsh Criminological Space ......................................................... 8 Chapter Three – Mapping Out the Hybrid System ................................................ 32 Chapter Four – Locating Wales: Prisoner Resettlement and Identity ................. 56 Chapter Five – Researching Imprisonment in Wales ............................................. 86 Chapter Six – Distances and Prison Visits ............................................................. 127 Chapter Seven – Distances and ‘Through the Gate’ Support ............................. 155 Chapter Eight – Welsh Identity in English Prisons .............................................. 184 Chapter Nine – Conclusion: The Hybrid System in Wales ................................. 226 Bibliography ................................................................................................................. 263 Appendices ................................................................................................................... 300 Detailed Contents Acknowledgements ........................................................................................................ ii Chapter One – Introduction ........................................................................................... 1 Chapter Two – A Welsh Criminological Space ......................................................... 8 2.1 Introduction ................................................................................................................. 8 2.2 England And Wales: 1535-1990 ................................................................................ 9 2.2.1 No Distinctiveness Or Difference To Speak Of ................................................. 10 2.3 The Early Years Of Hybridity: 1998-2004 .............................................................. 13 2.3.1 Devolution In Wales .............................................................................................. 14 2.3.2 Responsibilisation And Resettlement ................................................................. 16 2.4 Stronger Foundations: 2004 To Present ................................................................. 20 2.4.1 Towards Primary Law Making Powers ............................................................. 21 2.4.2 The Pathways Approach ...................................................................................... 26 2.5 Conclusion ................................................................................................................. 29 Chapter Three – Mapping Out the Hybrid System ................................................ 32 3.1 Introduction ............................................................................................................... 32 3.2 The Hybrid System: An Introduction .................................................................... 32 3.3 The UK Government ................................................................................................ 34 3.4 The Welsh Government ........................................................................................... 37 3.5 Conclusion ................................................................................................................. 54 Chapter Four – Locating Wales: Prisoner Resettlement and Identity ................. 56 4.1 Introduction ............................................................................................................... 56 4.2 Welsh Prisoners, Ble Wyt Ti? .................................................................................. 57 4.3 Distances And Prisoner Resettlement ................................................................... 60 4.3.1 Family Visits ........................................................................................................... 61 4.3.2 The Barriers To Visitation ..................................................................................... 64 4.3.3 ‘Through The Gate’ Support: Prisoner Reentry ................................................ 68 4.3.4 Not Quite ‘Through The Gate’? ........................................................................... 70 4.4 Prisoner Location And Welsh Prisoners’ Experiences ........................................ 73 4.4.1 ‘Pains Of Imprisonment’ ....................................................................................... 73 4.4.2 The ‘Pains’ Of Minority Experiences .................................................................. 75 4.4.3 ‘Inmate Culture’ ..................................................................................................... 78 4.4.4 Welsh ‘Postcode Pride’? ........................................................................................ 81 4.5 Conclusion ................................................................................................................. 84 Chapter Five – Researching Imprisonment in Wales ............................................. 86 5.1 Introduction ............................................................................................................... 86 5.2 Research Aims And Objectives ............................................................................... 86 5.3 Qualitative Methodology ........................................................................................ 87 5.4 Research Framework ................................................................................................ 89 5.4.1 Sampling, Recruitment And Access .................................................................... 89 5.4.2 Ethics ..................................................................................................................... 104 5.5 Data Collection ........................................................................................................ 107 5.5.1 Qualitative
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