Contents

News 2 Just Authority? Trust in the Police in 39 and Features by Jonathan Jackson, Ben Bradford, Betsy in twentieth-century 5 Stanko and Katrin Hohl Britain reviewed by Emma Smith Lizzie Seal, Senior Lecturer in Criminology, Sussex University Justice Reinvestment: Can the criminal 40 justice system deliver more for less? Re-imagining the role of participation in 10 by Chris Fox, Kevin Albertson and Kevin Wong youth justice reviewed by Andrew Neilson Sean Creaney, Senior Lecturer in Applied Social Science, Stockport College Member profile 42 Kirsten McConnachie Participation and practice: youth justice 16 Ross Little, Lecturer in Criminology, De Montfort University Introduction

Coercion into crime: A gendered pathway 22 Active participation and into criminality engagement, particularly by Charlotte Barlow, Lecturer in Criminology, young people, in the Birmingham City University workings of the criminal

justice system is a Promoting empathy development with the 26 dominant theme in this ‘damaged, disturbed and dangerous’ ECAN bulletin. Two articles Sophie Rowe, Graduate Teaching Assistant in explore this subject and Criminology, Birmingham City University there is information about Events the publication of the Howard League’s U R Boss evaluation report which describes our Through the Gate conference 30 No Fixed Abode 31 work as ground breaking and innovative. Research events 2015 31 Participation is a theme for the What is Justice? symposium. We are trying to Recent research 32 understand to what extent the public want or The experience and ethics of conducting think they should participate in criminal research with prisoners convicted of sexual justice issues and decisions. Findings of offences some small scale research are due early in Alice Ievins the new year. In the meantime, please tell us the one change you would make to the Use your situation to change your destination 36 justice system to ensure its effectiveness, Evaluation of the Howard League’s U R Boss the public’s confidence and to enhance its Evaluators from the Centre for Social ability to deliver justice. We really would like Action at De Montfort University your ideas… I would also like to congratulate the Commission on Sex in Prison 36 five winners of the 2014 John Sunley Prize.

Information about their dissertations can be Book reviews found on page 4. Just Emotions: Rituals of Restorative Justice 38 by Meredith Rossner Anita Dockley, Research Director reviewed by Ruth Jones

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News

Prison Inspections Howard League pressure helped ensure The past few months have seen several that votes against were overwhelming. A reports published by Her Majesty’s selection of Howard League publications on Inspectorate of Prisons’ which detail the capital punishment can be read on our shocking levels of danger and dire website. conditions of prisons in England and Wales. Frances Crook, CEO for the Howard League One year ago, on 1 November 2013 the stated: “Prisons have gone into meltdown in Ministry of Justice changed the Incentives the last year and it is a direct result of and Earned Privileges Scheme to government policy. I have never seen a introduce a blanket ban on loved ones public service deteriorate so rapidly and so sending in books and other essentials, such profoundly”. The reports document as underwear, to prisoners. Since then, the increasing levels of self-harm and bullying, Howard League has been campaigning for with many young people fearing for their books for prisoners. On Friday 27 June, safety. Inspectors found Wormwood Scrubs leading authors gathered at Downing Street to be a filthy, overcrowded and dilapidated to urge David Cameron to overturn prison plagued by violence and inactivity. A restrictions on sending books and other report on the YOI Glen Parva highlighted essentials to prisoners and presented to increased levels of suicide. Violence in Number 10 a letter signed by more than 40 Doncaster was at four times the level seen high-profile figures. On 31 July we received in comparable prisons, and many prisoners a response from David Cameron. On 31 were held in their cells for up to 22 hours a October we sent a letter to the Justice day. On 30 October figures revealed that the Select Committee. A public meeting chaired number of people dying in prison has risen by Ian Dunt with Frances Crook and authors to its highest level since records began in A. L. Kennedy and Kathy Lette. about the 1978. Serious assaults on prison staff have campaign will be held at 6pm on soared by 54 per cent in two years, and Wednesday 19 November at the King's prisoner-on-prisoner violence has also risen Fund, 11-13 Cavendish Square, sharply. The ‘safety in custody’ statistics, W1G 0AN. published by the Ministry of Justice, provide yet more evidence that prisons have become more dangerous as they struggle to deal with staff cuts and chronic overcrowding. Anniversaries 11 August 2014 celebrated the 50th anniversary of the ending of capital punishment in England and Wales. The Howard League for Penal Reform was one of the key campaigners against the death penalty and played a central role in securing th its abolition. In the years since, the charity Finally, the 25 anniversary of the UN has led the fight against its reintroduction. convention on the rights of the child is on The death penalty was debated in 20 November, so keep an eye on our Parliament as recently as the 1980s, but website for announcements related to this.

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Understaffing and overcrowding in any better or help make communities any prisons safer. Indeed, reforms aimed at imposing A recent Howard compulsory support to those leaving prison League research after short sentences are certain to set briefing, Breaking people up to fail.’ point: Understaffing and overcrowding in Cries for Help Going Unheard prisons, presents A report published by the Prison and analysis based on Probation Ombudsman highlight that figures obtained from between April 2007 and March 2014, 89 the Ministry of Justice young people aged 18 to 24 took their own through parliamentary lives in prison. Frances Crook, CEO for the questions. The data Howard League commented: ‘Every death in shows that the prison is a tragedy and almost all are number of prison officers has fallen in preventable… Increased overcrowding almost every prison since 2010, while driven by cowardly sentencing and ill- numbers of prisoners in each prison have conceived jail closures, together with a 30 either risen or been static. As a result of per cent cut in officer numbers, has turned understaffing and overcrowding, prisons are prisons into warehouses where yet more becoming less productive and more violent. people will die needlessly.’ Many young The conclusions of this report were people discussed in the report had a range confirmed by HM Chief Inspector of Prisons of mental health issues, which further annual report, which said that ‘Increases in highlights how the current system fails to self-inflicted deaths, self-harm and violence protect vulnerable children and young cannot be attributed to a single cause. .... people in conflict with the law. Nevertheless, in my view, it is impossible to avoid the conclusion that the conjunction of Costly tagging programme sets children resource, population and policy pressures, up to fail particularly in the second half of 2013–14 … A report published by was a very significant factor in the rapid the Howard League, deterioration in safety and other outcomes They couldn’t do it to we found as the year progressed’. (p. 11) a grown up: Tagging children without due Private firms the big winners of probation process claims sell-off children who have Responding to the Ministry of Justice’s been in trouble with announcement of preferred bidders for the law are being put probation contracts on 29 October, Frances on electronic tags, Crook, Chief Executive of the Howard given curfews and League for Penal Reform, said: ‘As we then sent back to expected, the big winner of the probation prison because of failures in the system sell-off is not the voluntary sector but large meant to support them. Research by the private companies run for profit. The Howard League shows how almost 1,000 Ministry of Justice will claim it has created a children were put under “intensive diverse market, but Sodexo and Interserve supervision and surveillance” (ISS) last year are the companies running half of all the after being released from prison at the contracts. A public service is being midpoint of a Detention and Training Order destroyed without any evidence that the (DTO). Although the measure may be fragmented landscape created will perform

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intended to help change lives, the reality is that almost three quarters of Mental Health that ISS conditions can be so lengthy and Trusts in England and Wales do not provide onerous that children find it almost a specialised place of safety specifically for impossible to comply. This means that they children, with many held in prison cells. The can be sent back to prison. The charity is Howard League contacted 52 Mental Health calling on the government to end the use of Trusts to determine the standard of midpoint ISS, arguing that the sanction provision available for vulnerable children creates injustice and is too costly. The and young people displaying mental health Ministry of Justice spent £1.4m on private needs, and found that almost 1000 children security companies tagging children on in two years were held in prison cells or DTOs in 2010-11. adult hospital wards. Research collaborations 2014 John Sunley Prize winners In recent years the Howard League has announced developed its research capacity. The charity is now interested in expanding its research interests by developing partnerships and collaborations with academic and NGO colleagues. In particular, we wish to form relationships that seek to generate research grant funding both nationally and internationally. Visit our website for more information and guidance for potential research partners.

Peak offending age for men in Scotland The winners were publicly announced on 23 up from 18 to 23 October and presented with their awards at BBC Scotland has reported that the peak the Howard League Parmoor lecture. age of offending for men in Scotland has Miranda Bevan, London School of risen from 18 to 23 in the space of a Economics, Investigating young people’s generation, according to the latest awareness and understanding of the conviction figures. Professor Susan McVie criminal justice system: an exploratory study said: "Dramatic changes in the way that the Chloe Peacock, University of Sussex, youth justice system operates in Scotland Remembering the riots: Citizenship and could also be responsible, meaning that ‘social cleansing' after the London riots of children are kept out of the justice system 2011 for as long as possible." Professors McVie Emma Young, University of Glasgow, The and McAra won the Howard League experience of fatherhood post- Research Medal 2013 for their research Imprisonment. Delivering justice for children and young The judges also awarded two highly people. commended entries: Janine Hunter, University of Stirling, The Mental Health Trusts Implementation of a Single Scottish Police Under section 136 of the Mental Health Act Force: The View from the Beats (1983), anyone who appears to be mentally Daniel Packham, University of Cambridge, disturbed in a public place can be detained An Exploratory Study of Military Veterans’ to a “place of safety” to be properly Experiences in UK Prisons. assessed. Despite this however, figures The 2015 John Sunley Prize is now open for obtained by the Howard League indicate submissions.

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Capital punishment in twentieth-century Britain

Lizzie Seal, University of Sussex

At 8am on 13 August 1964, Gwynne Evans, The intervening years 24, and Peter Allen, 21, became the last since abolition have people to be executed in Britain. They were seen periodic convicted of murdering 53-year-old John attempts to West in the course of a robbery, a capital reintroduce the death offence at the time. The most notable thing penalty but, even about them today, highlighted in recent when this was voted media coverage of the 50 year anniversary on in Parliament in of the last , is that their executions the 70s, 80s and 90s, passed with little notice from the press or they came nowhere public (see Davies, 2014a). The case was near to being run of the mill rather than contentious, and successful. A truism about the British neither Evans, Allen nor anyone else context is that despite a lack of appetite for realised that the hangings represented the capital punishment amongst political, legal end of capital punishment in Britain. The and intellectual elites, public support Death Penalty (Abolition) Act was passed in remained in favour. Therefore, the abolition 1965 and initially suspended execution for of the death penalty can be interpreted as a five years. However, MPs voted 343 to 185 triumph of elite driven penal modernism, for permanent abolition in 1969. which was ahead of the general view of the Fifty years later, the issue of the populace. death penalty in this country remains one My recently published book, Capital that can fire debate but it has slipped a long Punishment in Twentieth-Century Britain: way down the political agenda. There is no Audience, Justice, Memory (Seal, 2014), serious prospect of its return and, in addition takes issue with this established narrative. to no political will for this, public support has The book is not primarily about abolition, also declined (Davies, 2014b). In August thorough accounts of which can be found 2011, the Sun newspaper backed a elsewhere (Block and Hostettler, 1997; campaign from right wing blogger, Guido Hammel, 2010; Twitchell, 2012). However, Fawkes (Paul Staines), to use the one of my starting points was previous Government’s e-petition scheme to initiate a scholars’ apparent lack of interest in gaining parliamentary debate on the reintroduction a more fully rounded understanding of the of capital punishment. This was supported cultural place of capital punishment in by three Conservative MPs (see Seal, twentieth-century Britain (there are 2011). Despite a flurry of publicity in the exceptions, for example Langhamer, 2012). traditionally slow August news cycle, interest Exploration of the ‘cultural life’ of the death in the campaign fizzled out and the petition penalty (Boulanger and Sarat, 2005) failed to generate the required quota of necessitates taking a close look at both its signatures needed – over 100,000 – to popular representations and also public ensure that the return of the death penalty responses. In order to assess these would be debated in the House of representations and responses, I Commons. qualitatively analysed sources such as local and popular press, films, novels, letters and oral history interviews.

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issue and the specific, real-life cases of the individuals condemned. Examination of responses to actual cases helps to reveal a greater range of symbolic meanings that can be sparked by the prospect of capital punishment. In particular, the execution of women or of those perceived as young, in their late teens or early twenties, had the potential to be controversial. The details of the crime were also important. Where there appeared to be strong mitigation or where guilt appeared uncertain, sympathy or empathy for the condemned was more likely. The 1950s cases of , Derek Bentley and Ruth Ellis1 all generated public sympathy and empathy and have frequently been cited as significant in helping to change the climate of opinion regarding the death penalty, but they were not the only ones – other, now forgotten, cases such as that of Daniel Raven, a young man executed for the of his parents-in-law, were also high profile controversies. (Raven was only 23, there were concerns that the evidence against him was not watertight and also that mental These sources enabled analysis of health problems related to epilepsy might expressive, emotional and symbolic not have been adequately considered during meanings and produced a finely grained his trial.) Although controversial cases were assessment of the cultural place of capital significant, it makes sense to argue that punishment in twentieth-century Britain. It is there had already been underlying shifts in important to realise that, especially by the feeling regarding the death penalty, which middle of the century, the death penalty was meant that these cases resonated. a prominent topic in the popular press and The increasing contentiousness of that certain publications with large the death penalty in the mid twentieth- readerships, such as the and century was tied to its emotional resonance, the Picture Post, were strongly abolitionist. but this did not mean, of course, that We cannot conclude from this that their abolitionism became the consensus. Strong readers agreed with this editorial line but retributive feeling existed alongside growing appreciating the widespread nature of the unease with capital punishment as a debate is a corrective to the assumption that measure able to dispense justice. Following abolitionism, or indeed discussion of capital Zimring (1996; 2003), I argue that it is punishment, was restricted to elite important to understand the death penalty discourse. Spending some time reading as a culturally ambivalent practice, about the popular press from the 1950s soon which there are competing and contradictory dispels this.

There is a significant difference 1 For more information about these cases, please see between the death penalty as an abstract BBC Wales, 2012 (Timothy Evans); BBC, 2005a (Derek Bentley); and BBC, 2005b ().

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discourses, and understanding this established large readerships by the mid- ambivalence involves going beyond the twentieth century, was instrumental in legal and political spheres to pay attention to portraying the death penalty as emotionally the complexity of its wider cultural traumatic. This was frequently done by meanings. Highlighting ambivalence allows highlighting the impact that execution had us to find the interpretation that in twentieth- on the relatives and friends of the century Britain elites opposed the death condemned. The grief experienced by Derek penalty while the populace supported it Bentley’s family was detailed by the Daily rather too straightforward. This is not to Mail and Daily Mirror, with the Mirror (1953) argue that abolitionism or an anti-capital running a front page dominated by a large punishment stance became the predominant photograph of Bentley’s mother and sister view but that unease and uncertainty sobbing. The issue of capital punishment deserve attention. Debates about the death became intertwined with shifts towards penalty, and about its reintroduction, were greater emotional expressiveness in British linked to understandings of what it meant for culture (Langhamer, 2012). Britain to be a modern, civilised society and to notions of what was entailed by Justice citizenship. A somewhat neglected aspect of capital In order to explore the cultural life of punishment in twentieth-century Britain is capital punishment in twentieth-century popular protest against it. The important role Britain, the book is built around three key of organisations such as the Howard concepts – audience, justice and memory. I League and the National Council for the explore these further below. Abolition of the Death Penalty has been explored but there were other, more populist Audience forms of abolitionism. Some executions Public hangings in Britain were ended in provoked spontaneous protests, such as 1868. After that, execution took place in that of Ernest Kelly at Strangeways in 1913. prison. It would be wrong, however, to Kelly, 20, was accomplice to Edward Hilton, assume that this meant capital punishment 18, in the murder of an Oldham bookseller. disappeared from public view. In the late Hilton, who was believed to have actually nineteenth and early twentieth centuries, killed the victim, was reprieved on the journalists were admitted to hangings and grounds of being a ‘mental defective’. When wrote formulaic reports on the execution Kelly was denied a reprieve, the perceived scene. This included attention to what injustice of the case led to violent protests in happened to the prisoner’s body after it Oldham and a march to Strangeways Prison dropped (for example, whether the legs in in an attempt to save him. twitched) but also to how the condemned Forty years later, there were protests and had conducted themselves in their final marches on behalf of Derek Bentley, with moments: whether they were brave, penitent the crowd expressing similar concern that or overtaken by fear. By the 1920s, to execute a young man who was not journalists were usually excluded from actually responsible for carrying out the hangings and reports of the executed British murder of which he had been convicted was body disappeared from the newspapers. an injustice. However, the press remained the most A more orchestrated, and more significant means by which capital cases theatrical, protest against the death penalty were brought to public attention. As stated was waged by Violet van der Elst, a wealthy above, it is important to consider the businesswoman. She launched her emotional resonance of capital punishment. campaign in March 1935, with the intention In Britain, the popular press, which had of staging a demonstration against the

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execution of George Harvey outside penalty sentiments could no longer be Pentonville. She planned for a 25-strong satisfied by actual executions. Calls for the brass band to play and for 30 men wearing reintroduction of capital punishment tended sandwich boards bearing anti-capital to flare up in relation to particular cases or punishment slogans to march through Hyde events, such as the Irish nationalist terror Park. In the end, she was forced to dismiss bombings in the 1970s, or the ongoing the band and send the sandwich-board men spotlight on Myra Hindley and Ian Brady, the on an alternative route but in the 1930s in ‘moors murderers’. However, high profile particular, van der Elst regularly engaged in miscarriages of justice also left their mark spectacular protests involving aeroplanes and whereas the Guildford Four and trailing banners, vans with loudspeakers and were the focus for her own charismatic presence. While her discussion of reinstatement of the death approach had its limitations, she was penalty in the 1970s, their release in 1989 successful in drawing press attention to and 1991 respectively was a caution against capital cases and capital punishment as an irreversible punishments like execution. issue, and in understanding the emotional Derek Bentley’s conviction was overturned resonance of the death penalty (for more in 1998 and in 2000 Timothy Evans’ sister information about van der Elst and her and half-sister were awarded compensation campaign see Topham, 2013). in recognition of the adverse effects that Another way for members of the his wrongful conviction and execution public to protest against perceived injustice had wrought. in capital cases was to write letters to the Analysis of oral history interviews . This was, of course, a held in the British Library Sound Archive can minority pursuit but analysis of these letters, reveal the negotiation of memories of the which are held in case files in The National death penalty, with memory understood as Archives, does enable access to something which is culturally and socially perceptions of justice and injustice, and the produced, rather than a ‘true’ recollection of ways in which these were expressed. the past. These interviews form the Unsurprisingly, the majority of the letters I Millennium Memory Bank and were examined were asking for the condemned to collected to provide a snapshot of Britain at be reprieved, but there were also letters the end of the twentieth-century. Crime and objecting to the prospect of reprieve. Letter law was one of the possible topic areas for writers articulated five main themes – doubt discussion. Interviewees who mentioned about the safety of the conviction; concerns capital punishment did so in relation to three that mitigating factors had not been main themes, which were the need for adequately recognised; perceived capital punishment as retribution or as a arbitrariness in the exercise of the death deterrent measure to keep order in society; penalty; inequity in the exercise of the death the danger of and penalty; and a retributive objection that concern that the state was not competent reprieve would fail to secure justice for enough to avoid error; and ambivalence the victim. about the death penalty, where respondents expressed mixed feelings rather than Memory straightforward approval or disapproval. This Abolition did not mean that capital final theme of ambivalence exemplifies the punishment as an issue disappeared from need to understand the contested terrain of British culture, but inevitably it changed the capital punishment as an issue in Britain. context of cultural reactions. The anxieties that had formed the background to abolition lost their urgency and retributive, pro-death

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Get 20 per cent off when purchasing Davies, C. (2014a) ‘Britain’s Last Executions: Capital Punishment in Twentieth-Century of Two Jobless Criminals a “Low Key” Britain: Audience, Justice, Memory from Affair’, , 13 August. Available at: Routledge using the discount code DC362. http://www.theguardian.com/world/2014/aug/13/ britain-last-executions-hanging-criminals-low- Lizzie Seal is Senior Lecturer in key [accessed October 2014]. Criminology at Sussex University, having previously lectured at Durham University, Davies, C. (2014b) ‘Support for Death Penalty and a member of the Howard League’s Falls in UK, Survey Finds’, The Guardian, 12 Research Advisory Group. Her broad August. Available at: research interests are gender and crime, http://www.theguardian.com/world/2014/aug/12/l cultural criminology and historical ess-half-britons-support-reintroduction-death- criminology. Lizzie has published work on penalty-survey [accessed October 2014]. gender representations of women who kill and the perceptions of femininity that Hammel, A. (2010) Ending the Death Penalty. circulate in the criminal justice system. : Palgrave.

References Langhamer, C. (2012) ‘“The Live Dynamic BBC (2005a) 1953: Derek Bentley hanged for Whole of Feeling and Behaviour”: Capital murder (28 January) Available at: Punishment and the Politics of Emotion, 1945- http://news.bbc.co.uk/onthisday/hi/dates/stories/j 57’, Journal of British Studies, 51(2) pp. 416–41. anuary/28/newsid_3393000/3393807.stm [accessed October 2014]. Seal, L. (2011) ‘Historical Views on the Abolition of the Death Penalty can Help to put the Latest BBC (2005b) 1955: Ruth Ellis hanged for killing Sun Campaign into Context’, LSE Politics and lover (13 July) Available at: Policy Blog, 5 August. Available at: http://news.bbc.co.uk/onthisday/hi/dates/stories/j http://blogs.lse.ac.uk/politicsandpolicy/category/c uly/13/newsid_2745000/2745023.stm [accessed ontributors/lizzie-seal/ [accessed October 2014]. October 2014]. Seal, L. (2014) Capital Punishment in Twentieth- BBC Wales (2012) The execution of Timothy Century Britain: Audience, Justice, Memory. Evans (16 January) Available at: London: Routledge. http://www.bbc.co.uk/blogs/wales/posts/executio n_of_timothy_evans_1950 [accessed October Topham, L. (2013) Chained to the prison gates: 2014]. A comparative analysis of two modern penal reform campaigners. London: Howard League Block, B.P. and Hostettler, J. (1997) Hanging in for Penal Reform. the Balance: A History of the Abolition of Capital Punishment in Britain. Winchester: Winchester Twitchell, N. (2012) The Politics of the Rope. University Press. Bury St Edmunds: Athena.

Boulanger, C. and Sarat, A. (2005) ‘Putting Zimring, F. (1996) ‘The Wages of Ambivalence: Culture into the Picture’, A Sarat and C On the Context and Prospects of New York’s Boulanger (eds) The Cultural Lives of Capital Death Penalty’, Buffalo Law Review, 44(2), pp. Punishment. Stanford: Stanford University 303–24. Press, pp. 1–47. Zimring, F. (2003) The Contradictions of Daily Mirror, (1953) Bentley Dies Today: No Last American Capital Punishment. Oxford: Oxford Minute Reprieve, (28 January). University Press.

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Re-imagining the role of participation in youth justice

Sean Creaney, Senior Lecturer in Applied Social Science, Stockport College and trustee of the National Association for Youth Justice, London Introduction This paper explores Despite the presence of campaign groups some of the such as the Howard League for Penal challenges Reform and the National Association for associated with giving Youth Justice, and more specifically the young people a say in campaigning that has been done by such youth justice. The organisations where the participatory rights paper argues that if of service users have been promoted, it young people are remains the case that within youth justice given a voice and there has been limited opportunity for provided with the children to be consulted on matters that opportunity to influence how a service is affect them (Fox and Arnull, 2013). implemented it is more probable that the However, a campaign has been set up child will be rehabilitated (Beyond Youth specifically to address this issue: Custody, 2014; Creaney, 2014a, 2014b). The paper provides a basis for further Young people have an ability to speak discussion around child and youth extremely openly and honest. They are involvement and engagement, and unafraid to challenge the status quo and highlights some examples of promising offer the insights that we require to participatory practice. commission services that best meet their needs. If we fail to seek the views of Setting the scene children and young people in custody, Within children’s social care, at the heart, is then we fail in our duty as commissioner a focus – certainly at the practice level – on of their secure estate. promoting the welfare needs of the client (Youth Justice Board, Children’s and an intention to deliver person-centred Commissioner and User Voice, 2011: 3) care; but within youth justice, and criminal justice more broadly, there appears to be There have been other developments in the political and public ambivalence towards field centred on giving voice to service whether children who offend deserve or users, namely the Howard League’s U R should be provided with the opportunity to Boss project (see http://www.urboss.org.uk/ have a say on the purpose of their and Smith and Fleming, 2011 for more intervention (For further discussion on this information). Inevitably, however, this shift in see Hart and Thompson, 2009). Indeed, in thinking, away from ‘punishment’ and doing England, practice-based responses seem to ‘to’, and towards the equal sharing of power comprise a ‘prescription without a and doing ‘with’, may be regarded by some consultation’ (Case, 2006: 174) whereby as offending ‘the notion of justice’ (Fox and there appears to be minimal incorporation of Arnull, 2013). Despite this, and tensions the views of young people into the between caring and controlling, ‘the end aim assessment process (Case, 2010). The is to increase effectiveness and increase prevailing focus on risk/deficit led compliance, which it might be argued is in interventions seems to be in contrast to a the state’s interest as well as the young model of practice emphasising the person’s’ (Fox and Arnull, 2013: 23). enhancement of positive aspects of a child’s life and the building of strengths and

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aspirations (Smith, 2011). Within youth encouraged to become involved in decision justice, the intention appears to be to deal making processes (Haines et al., 2013). The with future problems rather than meet the project subscribes to the idea that present welfare needs of young people (See professionals working with young people Creaney, 2012c for further discussion on who offend should aspire towards an this). There is less emphasis on the emancipatory approach, deliver non- structural environment, for example issues discriminatory forms of practice intervention of poverty and social inequality, and the and understand the structural constraints impact this has on young people’s ability to that can severely impact on a young secure inclusion (Yates, 2010). person’s offending career and deny The pre-occupation with risk opportunities for integration into society assessment and risk management (and the (Ibid.). The Swansea Bureau purports to emphasis on ‘predicting future offending’ ‘give explicit place to hear the voices of has resulted in professionals acting as young people’ (Ibid.: 5), but in England there technicians, unable to act independently does not appear to be a ‘clear or significant (Creaney, 2013). This has resulted in role for young people or their parents in practitioners experiencing difficulties diversionary processes’ (Ibid.: 4). delivering innovative, engaging methods of intervention and creative child-friendly forms Re-imagining the role of participation in of practice (Creaney, 2013). youth justice Notwithstanding this, the introduction of To participate is to be involved, be listened various schemes, including Triage and to, and have some say over the process. Youth Justice Liaison and Diversion With regard to the use of participatory Schemes, and the move away from formal approaches across the tariff of youth justice processing, demonstrates a commitment to interventions and providers of services, ‘the overcome dominant bureaucratic aspects of involvement of young people in their own practice (Creaney and Smith, 2014). assessment is underdeveloped and, even Triage purports to overcome where they provide useful information; this unnecessary criminalisation by reducing the may not be used to inform the plans that are amount of professional involvement, in an made’ (Hart and Thompson, 2009: 4). An approach that supports the idea of swift exception to this is the introduction of the justice, embedding ‘minimum intervention, structured assessment tool ‘Asset: What Do maximum diversion’ (McAra and McVie, You Think?’, which is meant to be used to 2007). The Liaison and Diversion schemes inform planning and intervention (Creaney promote a welfare driven supportive and Smith, 2014). The tool allows the child, solution, where the social context or for example, to identify their own areas for circumstances linked to offending become development. However, it appears to be an the focus (Smith, 2014). In addition to these afterthought which is often used approaches, the Youth Restorative Disposal inappropriately, and therefore can be viewed appears to be in favour of community as a tokenistic gesture (Hart and Thompson, solutions, where the intention is for the 2009). It must be acknowledged, however, intervention to benefit victims of crime that the Youth Justice Board recognise the alongside people who offend by facilitating importance of service-user involvement in reconciliation (Smith, 2014). assessment and intend to introduce a new In Wales, the Swansea Bureau is an and improved assessment framework called innovative ‘child first, offender second’ AssetPlus (Creaney and Smith, 2014). initiative, prioritising the welfare needs of Although practitioners experience children. Here, young people are time constraints and resource pressures in day-to-day practice with young people who

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offend (Smith, 2007), service user where conditions are attached to court participatory techniques should be orders imposed (Beyond Youth Custody, encouraged as they promote positive 2014). Second, there is a lack of knowledge engagement and motivation, principally by and understanding regarding the principles offering a sense of control (Nacro, 2008). In of participatory approaches (Hart and order to counteract the lack of user-led Thompson, 2009). Third, the requirements engagement of people who offend and made of practitioners (for example, experiences of disempowerment, it should requirements that assessments need to be be a priority to involve young people in updated regularly and deadlines for court decision making processes throughout the reports) could prevent child-friendly, youth Youth Justice System (Creaney and Smith, participatory approaches from happening 2014; Creaney, 2014a, 2014b). An example (Ibid., 2009). of how to do this in practice can be seen in The idea of active engagement is the Howard League’s U R Boss project, realised through the Swansea Bureau which set out to embed participation, scheme, which, as discussed, is child rather prioritising the welfare and rights of children than offender focused. The Bureau is also (Smith and Fleming, 2011). compliant with the United Nations Article 12 of the United Nations on Convention on the Rights of the Child the Rights of the Child provides that the (UNCRC), demonstrated particularly by the views of children are to be taken seriously acceptance of article 12 (Haines et al., through ‘active participation’. In order to 2013). This pro-social interventionist project involve young people in decision making embraces the idea of systematic diversion, processes youth offending services could away from formalised criminal justice attempt to embed Article 12 at a managerial intervention and towards informal level, and integrate it into practice by mechanisms of non-stigmatising support. advocating ‘active involvement’. Here, This approach is deemed to be ‘non- service users could become involved in the criminogenic’ as support is provided to planning, delivery and evaluation of young people with issues that may not be services. It is important to note that Article directly related to the offence and/or 12 states that the competence of a child to offending behaviour. express their views is determined in Although the Bureau is a scheme that accordance with age and maturity. Some offers much promise, it does not extend to children may be deemed too young or young people committing more serious immature to contribute to the process, which crimes or those subject to statutory could then prevent them from having their intervention. Furthermore, it cannot be voices heard. Article 13, on the other hand, overlooked that there still exists – although differs somewhat in its focus ‘valuing a to a lesser extent – a degree of child’s participation in any shape or form responsibilisation because it operates within relative to the individual’ (Green, 2012: 21). a ‘crime control’ rationale. However, the Despite the increasing focus on Bureau promotes inclusion and it avoids the children’s rights, there are a number of dangers of labelling and stigmatising young barriers that need to be overcome if the lack people by way of unnecessary of participation of young people in youth criminalisation (Creaney, 2012a). The justice is to be addressed. Bureau is based on the idea that formal First, the culture that exists in youth criminalisation and repeated contact with the justice is often unwelcoming towards the system is harmful in the longer term (McAra idea of active participation, especially for and McVie, 2010). young people subject to formal intervention

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It is argued that young people and their 2012b). In practice this could be achieved parents welcome the opportunity to have a by involving children in ‘consultation and say and become more involved in the participation processes shaping their planning of interventions. As Hart and futures’ (Case, 2006: 3). Indeed, as Thompson (2009: 4) note, ‘participative Armstrong (2006: 276) notes, ‘to engage approaches can improve outcomes. If young with young people we have to listen to people feel listened to, they value the them without trying to cure them of experience and their behaviour is likely their problems.’ to improve.’ The argument for involving service Indeed, it is important to promote an users in the management of their care is inclusive and participate culture where informed by user experiences of institutional professionals ‘perceive, treat and view discrimination and the feeling of being children with respect, dignity, and ‘devalued’. As Gough (2010: 332) asks; understanding to maximize both potential ‘who better to influence, shape and control and capacity for positive change’ (Almond, how services are planned and delivered 2012: 147). Rather than embracing risk-led than the person who is using them?’ strategies and individualising offending, more emphasis should be given to strength Conclusion based approaches. An example of this is the Managerial processes and targets appear to Good Lives Model (GLM), which has been constrain levels of professional autonomy in promoted as being an effective way of practice with young people who offend (See securing a child’s engagement as it is Fitzgibbon, 2009). Despite these provides a positive framework – balancing constraints, service user participatory the risks with the promotion of securing techniques (as advocated by the Swansea personal goods (friendship and happiness Bureau, for example) should be encouraged for example) or accomplishing goals as they promote positive engagement and (McNeill, 2009: 85). It is worth noting here motivation (Creaney and Smith, 2014). In though that professionals must be aware order to overcome experiences of that ‘too strong a focus on personal goods disempowerment, throughout the Youth may produce a happy but dangerous Justice System the priority should be to offender; but equally too strong a focus on involve young people in decision making risk may produce a dangerously defiant or processes and consult them on matters that disengaged offender’ (McNeill, 2009: 85). affect them (Creaney, 2014a, 2014b). However, the GLM is a positive move when Although there are participatory considering that the Youth Justice System approaches already, it is unclear how the tends to respond by using approaches that lack of participative/consultative draw on a model of negativity concerned mechanisms should be approached: there with risk management, rather than one does not seem to be any strategic direction concerned with problem solving techniques, on the issue (Creaney and Smith, 2014). offence resolution or seeking the ‘active Being actively involved in youth justice participation’ of young people (Scraton and processes can improve outcomes for young Haydon, 2002). people (Nacro Cymru, 2009; National Youth Intervention should be tailored to the Agency, 2011; Hart and Thompson, 2009). It young person’s needs and the enhancement can also contribute to crime reduction of pro-social behaviour where personal, thereby making society safer for the public. social and emotional development takes Involving young people also complies with precedence over blaming tendencies and UNCRC requirements, in particular adhering deficit-led measures (Creaney, 2012a, to principles of inclusivity and empowerment. Indeed, young people should

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be key players in ‘goal setting’ as this can References help to foster engagement. However, Almond, T. (2012) ‘Asset: An assessment tool challenges remain, in particular regarding that safeguards or stigmatises young whether young people deserve to ‘have a offenders?’, Probation Journal, 59(2) say’. More specifically, participatory pp. 138–150. principles conflict somewhat with Armstrong, D. (2006) ‘Becoming Criminal: The punishment. In other words, ‘allowing a Cultural Politics of Risk’, International Journal of young person to determine their intervention Inclusive Education, 10(2/3) pp. 265–278. can appear inconsistent with an emphasis on punishment’ (Beyond Youth Beyond Youth Custody (2014) Young people Custody, 2014). and resettlement: Participatory approaches, a Young people often do not know how practitioner’s guide. Available at: they can be involved in the process and http://www.beyondyouthcustody.net/wp- content/uploads/Participatory-approaches-for- have low expectations regarding how much young-people-in-resettlement-a-practitioner’s- of what they say will influence decision guide.pdf [accessed June 2014]. making (Beyond Youth Custody, 2014). This is not surprising when we consider that Case, S. P. (2006) ‘Young people “at risk” of tokenistic approaches – rather than active what? Challenging risk-focused early involvement and shared decision making – intervention as crime prevention’, Youth justice, appear to be common practice in 6(3) pp. 171–179. youth justice. Case, S. P. (2010) ‘Preventing and reducing Arguably, further opportunities need risk’, in Taylor, W., Earl, R. and Hester, R. (eds.) to be created for young people to become Youth Justice Handbook: theory, policy and involved and engaged and influence practice. Willan Publishing: Cullompton. decision making. This could be through establishing steering groups or advisory Creaney, S. (2012a) ‘Risk, prevention and early boards, and/or allowing young people the intervention: youth justice responses to girls’, opportunity to advise in other settings on Safer Communities, 11(2), pp. 111–120. ways of improving service delivery (Beyond Creaney, S. (2012b) ‘Targeting, labelling and Youth Custody, 2014). stigma: challenging the criminalisation of children and young people’, Criminal Justice About the author Matters, 89(1) pp. 16–17. Sean Creaney teaches at the University Centre, Stockport College and is a PhD Creaney, S. (2012c) Predicting criminality: youth student at the School of Humanities and justice and early intervention. Open Democracy Social Science, Liverpool John Moores website. Available at: University (https://www.ljmu.ac.uk/ https://www.opendemocracy.net/ourkingdom/se an-creaney/predicting-criminality-youth-justice- HSS/127708.htm). He is also a trustee for and-early-intervention, [accessed August 2014]. the National Association for Youth Justice. Creaney’s research investigates why young Creaney, S. (2013) ‘Beyond pre-emptive people are rarely involved in assessment criminalisation: towards a child-friendly youth planning and intervention, and also how justice’, Safer Communities, 12(3) pp. 101–10. young people can contribute, in any meaningful and participatory way, to their Creaney, S. (2014a) ‘The benefits of programme of intervention. The research participation for young offenders’, Safer also examines whether the benefits of Communities, 13(3) pp. 126–132. participation differ depending where you are Creaney, S. (2014b) ‘The position of relationship on the ‘ladder of participation’ in youth based practice in youth justice’, Safer justice (Hart, 1992). Communities, 13(3) pp. 120–125.

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Creaney, S. and Smith, R. (2014) ‘Youth justice McNeill, F. (2009) ‘What Works and What’s back at the crossroads’ Safer Communities, Right’ European Journal of Probation 1(1) pp. 13(2) pp. 83–87. 21–40.

Fitzgibbon, W. (2009) ‘The conveyor belt of Nacro (2008) Principles of participation in youth criminal justice: the Sonnex case, risk and de- justice (Youth crime briefing). London: Nacro. skilling in probation’, Criminal Justice Matters, 78, pp. 6–7. Nacro Cymru (2009) Youth Justice and Participation in Wales. Nacro Cymru: Youth Fox, D. and Arnull, E. (2013) Social work in the Offending Unit. youth justice system: a multi agency perspective. Milton Keynes: Open University National Youth Agency (2011) Participation in Press. Youth Justice: Measuring Impact and Effectiveness. Leicester: National Youth Agency. Green, D. (2012) ‘Involving young children in research’, in Palaiologou, I. (ed.), Ethical Scraton, P. and Haydon, D. (2002) ‘Challenging practice in early childhood. London: SAGE. the criminalisation of children and young people: securing a rights-based agenda’, in Muncie, J., Gough, M. (2010) ‘User involvement: user led Hughes, G. and McLaughlin, E. (eds.) Youth approaches in adult care – who is in charge?’ in Justice: Critical Readings. London: Sage/Open Barnard, A. (ed.) Key Themes in Health and University. pp. 311–328. Social Care: A Companion to Learning. Routledge: Abingdon. Smith, R. (2007) Youth Justice: Ideas, Policy and Practice. Willan Publishing: Cullompton. Haines, K.R., Case, S.P., Charles, A.D. and Davies, K. (2013) ‘The Swansea Bureau: A Smith, R. (2011) Doing Justice To Young model of diversion from the Youth Justice People: Youth Crime and Social Justice. System’, International Journal of Law, Crime and Cullompton: Willan Publishing. Justice, 41(2) pp. 167–187. Smith, R (2014) Youth justice: Ideas, policy and Hart, D. and Thompson, C. (2009) Young practice. Routledge: Abingdon. people’s participation in the youth justice system. London: National Children’s Bureau. Smith, R. and Fleming, J. (2011) Welfare and rights – Interim report of the UR Boss project. Hart, R. (1992) Children’s Participation: From London: Howard League. Tokenism To Citizenship. Florence: UNICEF. Yates, J. (2010) ‘Structural disadvantage: Youth, McAra, L. and McVie, S. (2007), ‘Youth Justice? class, crime and social harm’ in Taylor, W. Earl, The Impact of System Contact on Patterns of R. and Hester, R. (eds) Youth Justice Desistance from offending’, European Journal of Handbook: theory, policy and practice. Willan Criminology, 4(3), pp. 315–45. Publishing: Cullompton.

McAra, L. and McVie, S. (2010) ‘Youth Crime Youth Justice Board, Children’s Commissioner and Justice: Key Messages from the Edinburgh and User Voice (2011) Young people’s views on Study of Youth Transitions and Crime’, safeguarding in the secure estate: a user voice Criminology and Criminal Justice, 10(2), pp. report for the Youth Justice Board and the Office 179–209. of the Children’s Commissioner. London: Youth Justice Board.

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Participation and practice: youth justice

Ross Little, De Montfort University, Leicester

In recent decades, particularly since the This is particularly adoption of the United Nations Convention true for young on the Rights of the Child in 1989 (Barn and people who need Franklin, 1996), there has been increasing to remain (or interest in young people as citizens and as become) active participants in our communities. Over connected with a similar timeframe, successive civil life, not governments have suggested policies that disconnected from have sought to devolve power, or rather it at such an early decision-making responsibility, to stage of their communities and individuals across different development. This piece briefly considers sectors in public life. Such developments why participation is an important concept in have been slow in relation to the criminal relation to the youth justice system and what justice system and the people who are it can mean in practice. It draws partly on subject to its interventions. However, if work I was involved with as part of U R people are to be able to move on effectively Boss, a youth participation project based at from life inside prison, for instance, there the Howard League for Penal Reform. must be an acceptance that they should be As citizens in contemporary able to participate meaningfully in society. consumer society we are well accustomed to being asked for our feedback on a wide range of products and services we consume and experience. This creates an opportunity to sell us even more things, but also – we hope – helps improve the services we use. Which of these activities our information supports determines the level of our participation – whether we are merely consulted (and potentially ignored) or whether we have a genuine say in how a service is designed and delivered. Sherry Arnstein, writing in 1969 on citizen involvement in planning processes in the United States, was the first to describe a hierarchy of citizen participation, expressed visually as a ladder. One might question the words chosen for each of the eight rungs in the ladder, and even the nature of a hierarchy, but it helped to demonstrate that not all forms of participation are equal. Arnstein described some forms of ‘participation’, such as ‘therapy’ and ‘manipulation’, as inherently non- participative. Other forms, such as Participation ladder ‘informing’, ‘consultation’ and ‘placation’

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tend to be rather tokenistic in nature. Real citizen power, she wrote, is confined to activities such as working in ‘partnership’, ‘delegated power’ and ‘citizen control’ of resources. This represented an important step forward in recognising the complexity of people’s involvement in social projects and the relevance of underlying power relations. Hart (1992) adapted Arnstein’s ladder for the youth sector, placing youth-adult partnership or ‘equality’ at the top of the ladder which filled a gap in the theory of children’s participation in projects and U R Boss young advisors at the programmes. This was valuable because Re-imagining youth justice conference the approach linked the notion of Youth Capital Fund emerged, as did involvement to the evolving notion of human opportunities in health related partnerships. rights in advanced democracies: However, interest did not extend to Youth The confidence and competence to be Offending Teams and Young Offender involved must be gradually acquired Institutions. This may have been for reasons through practice. It is for this reason such as perceived irrelevance for the youth that there should be gradually justice sector, perceived or real limitations of increasing opportunities for children to the participation tools on offer for the youth participate in any aspiring democracy, justice context or a lack of knowledge, and particularly in those nations understanding or imagination about what already convinced that they are participation might mean in practice. A democratic. perceived incompatibility with a (Hart, 1992: 1) managerialist, target-driven culture (Muncie, 2006) may also have played its part. More Hart’s representation of participation of fundamentally, the involuntary nature of young people within a democracy has been children’s involvement in the youth justice criticised for its hierarchical approach, which system and its associated interventions implies that one type of participation is does not fit easily with the human rights inherently better than another, regardless of oriented perspective from which the concept context (Hart later noted (2008) that his of ‘participation’ has emerged. Institutions model was only ever intended as a starting with a dominant ethos of security and point, not a defining template). Shier (2001) control (Howard League for Penal Reform, instead suggests five levels of participation 2010) do not lend themselves well to that can each be considered useful in practices associated with the psycho-social different contexts and suggests pathways development of the individuals who live for getting to the next level. These models within them, particularly when the presence represented, and generated, growing of dehumanising practices such as physical interest in children and young people having restraint, solitary confinement and strip a say in issues that affected them. searching are factored in (Howard League Academic interest in youth for Penal Reform, 2006). Feeling safe is a participation (see for example Reynaert et pre-requisite for participative practice to al., 2009) flourished at the turn of the have a chance of existing in custody. Almost century. In local authorities funding sources one third of children and young people such as the Youth Opportunity Fund and the reported feeling unsafe to Her Majesty’s

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Inspectorate of Prison in 2012–13 (HMIP, and a harsher environment that has 2014). Recent calls to rethink youth justice developed towards children in conflict with (Drake, Fergusson and Briggs, 2014) at the law in recent years (Bateman, 2011). what has been termed a ‘crossroads’ in the Given the scale of evidence produced sector (Creaney and Smith, 2014) have in recent years by academics, charities and focused on seeking to understand and others of the multiple disadvantages improve the relationships between experienced by children who find practitioners and young people as part of themselves in conflict with the law (McAra the solution. and McVie, 2010; Bateman, 2011), it is The lack of participative practice in vitally important that these children’s voices the youth justice sector is noteworthy are heard. Recent cases that have received however, as children in conflict with the law widespread media attention in Rochdale and are some of the most disenfranchised, least Rotherham (BBC News, 2014a; 2014b; empowered people in our society (Bateman, 2014c) have highlighted the dramatic and 2011). Indeed, the rights of children in damaging consequences of ignoring our prison tend to lag considerably behind those most vulnerable children. Research of children in society generally. For suggests that children being sexually example, it took thirteen years for the exploited can find that the first time they are Children Act 1989 to be recognised as recognised by mainstream services is when applicable to children in custodial facilities they come to the attention of the criminal (Munby, 2002). It would have been longer justice system, most commonly in the form still had it not been for the intervention of the of the police (Howard League for Penal legal team at the Howard League for Penal Reform, 2013). Reform and its partners, in the form of an This poses the question of how, and application to the High Court. at what stage, children in the criminal justice Whilst the High Court judgement by system can ‘participate’ in the system and Mr Justice Munby related particularly to what this participation might mean in children detained in custodial facilities, it is practice. It is clear that ‘participation’ can clear too that children subject to less severe manifest itself in different ways at different interventions than prison are also treated as stages of the criminal justice system. It lesser citizens, if they are considered means being listened to and respected from citizens at all. This is partly due to the a child’s first contact with the police, being punitive nature of our youth justice system informed about – and represented through – the prosecution process, through any subsequent period of custody, and post- custody, during what might be termed the ‘resettlement’ period. The chaotic lives of children in conflict with the law mean that they often need support with a whole range of things that many people would take for granted. Having worked as part of the Howard League’s U R Boss youth participation project, the difficulties that young people have adjusting to life after custody are painfully apparent. Moving on, building and sustaining relationships based U R Boss young advisors with Rob Flello on mutual trust, getting a job and becoming a productive member of society following a

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period in prison can only realistically take of their liberty. However, the dehumanising place once they have accommodation, of an individual to such an extent that their access to a phone, a bank account and future effective participation in society is overcome barriers such as society’s stigma virtually impossible has to be considered. towards people with criminal convictions. The Ministry of Justice’s ban on prisoners These are just some of the practical steps, receiving books as part of wider restrictions but places to go, things to do, trustworthy imposed through changes to the IEP people to talk to help provide emotional scheme is a recent example of the support and people they can call friends are government’s desire to be seen to be tough all fundamentally important. Determining on people in prisons regardless of the which of these an individual most needs, potential harm to their prospects of self- and when, involves speaking to the child education and passing sentence time who is in, or has emerged from, prison. constructively (The Independent, 2014; One area in which children in prison Gov.uk, 2013; Politics, 2014). could participate more fully and effectively is Beyond important practical issues in having a say in where they live once such as deciding where to live, putting released from prison. Being given the participation principles into practice is opportunity to fully understand the helpful in other ways. This was highlighted consequences of their decision is a by six young advisors working with the U R fundamental part of making these types of Boss project, who responded in different decision. This is particularly the case for ways to the question “What does children who are eligible for further support participation mean to you?” due to their care histories. Since the introduction of the Legal Aid, Sentencing of Joining in without being told to get involved Punishment of Offenders Act from the end Getting involved, being open- of 2012 (LASPO, 2012), all children minded…getting active remanded securely have been treated as looked after by the local authority. This gives Getting involved, working with people in a them to the potential to accrue leaving care group, or individually rights. This should not be a controversial suggestion in 21st century Britain, but it is For me coming here it’s like trying to make clear from calls made to the legal helpline at sure that other people don’t have the same the Howard League that giving children an problems I did – with my custody and my informed say in where they live following a parole period in prison does not happen in many cases across the country, despite it being a Getting people involved in an activity clear legal requirement. Changes to legal they’re interested in. It’s also a good aid provisions made by the current teaching mechanism – it’s a good way for government make this participation less, not people to learn how to express themselves more, likely – a reminder that progress in Taking part the area of civil rights can slip backwards as well as progress forwards. Young people involved in the U R Boss Of course it is not just within the project felt they had been participating in youth justice system but the wider system of ways that were meaningful to them and criminal justice that participation practice different to the opportunities they had lags so far behind the mainstream. This is previously experienced. This is consistent perhaps not so surprising given that one of with the lack of service user engagement the purposes of prison is to deprive people across the criminal justice system.

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Organisations such as User Voice and the BBC News (2014c) Rotherham child abuse: Care Leavers Association have sought to cases in other towns, 27 August 2014 change this over time, as excluding the http://www.bbc.co.uk/news/uk-28953549 voices of those with direct experience of the [accessed 25 September 2014] criminal justice system inevitably Creaney, S. and Smith, R. (2014) ‘Youth justice undermines the quality of services provided. back at the crossroads’, Safer Communities, The barriers encountered when trying to 13(2), pp. 83–87. initiate participatory approaches have also served as a reminder that those holding Drake, D., Fergusson, R. and Briggs, D. (2014) power can be remarkably reluctant to ‘Hearing new voices: Re-viewing youth justice give any of it up, even when to do so policy through practitioners’ relationships with clearly advantages others and society young people’, Youth Justice, 14(1), pp. 22–39. more broadly. Gov.uk (2013) ‘‘Major shake-up to prisoner Ross Little is Lecturer in Criminology at incentives’, Ministry of Justice press release 1 De Montfort University. Prior to this Ross November 2013’. Available at: worked in a wide range of roles in academic https://www.gov.uk/government/news/major- criminological research (University of shake-up-to-prisoner-incentives [accessed Leicester), research consultancy (Ecorys) September 2014]. youth work policy and practice (National Hart, R.A. (1992) Children’s participation: from Youth Agency) and as part of the U R Boss tokenism to citizenship. Florence: UNICEF project at the Howard League for Innocenti Research Centre. Penal Reform. Hart, R. A (2008) ‘Stepping Back from “The Reference list Ladder”: Reflections on a Model of Participatory Arnstein, S. R. (1969) ‘A Ladder Of Citizen Work with Children’, Participation and Learning, Participation, Journal of the American Institute of pp. 19–31. Planners’, 35(4), pp. 216–224. Her Majesty’s Inspectorate of Prisons (2014) Barn, G. and Franklin, A. (1996) ‘Article 12 – Children and Young People in Custody 2012–13 Issues in Developing Children’s Participation – an analysis of 15-18 year olds’ perceptions of Rights – The Experience of Save the Children in their experiences in young offender institutions. the UK’ in E. Verhellen, (ed) Monitoring London: Her Majesty’s Stationery Office. Children’s Rights. The Hague: Kluwer Law International, pp. 305–316. Howard League for Penal Reform (2006) An independent inquiry into the use of physical Bateman, T. (2011) ‘‘We Now Breach More Kids restraint, solitary confinement and forcible strip in a Week Than We Used to in a Whole Year’: searching of children in prisons, secure training The Punitive Turn, Enforcement and Custody’, centres and local authority secure children’s Youth Justice, 11 (2), pp. 115–133. homes. London: Howard League for Penal Reform. BBC News (2014a) ‘Knowl View: ‘40 victims’ in Rochdale school abuse probe, 15 September Howard League for Penal Reform (2010) Life 2014’ Available at: Inside 2010: a unique insight into the day to day http://www.bbc.co.uk/news/uk-england- experiences of 15–17 year old males in prison. manchester-29207921 London: Howard League for Penal Reform.

BBC News (2014b) ‘250 children ‘at risk of Howard League for Penal Reform (2011) Life grooming in Greater Manchester, 10 September Outside: collective identity, collective exclusion. 2014’ http://www.bbc.co.uk/news/uk-england- London: The Howard League for Penal Reform. manchester-29137965

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Howard League for Penal Reform (2013) Out of http://www.crae.org.uk/media/33603/R-on-the- Place – the policing and criminalization of Application-of-Howard-League-v-Secretary-of- sexually exploited girls and young women. State-for-the-Home-Department.pdf [accessed London: The Howard League for Penal Reform. September 2014].

The Independent online newspaper (2014) ‘Top Muncie, J. (2006) ‘Governing young people: writers outraged at ban on books for prisoners’ Coherence and contradiction in contemporary Wednesday 26 March 2014 Available at: youth justice’, Critical Social Policy, 26(4), pp. http://www.independent.co.uk/arts- 770–793. entertainment/books/news/top-writers-outraged- at-ban-on-books-for-prisoners-9215424.html Politics (2014) ‘‘Why has Grayling banned [accessed September 2014]. prisoners being sent books?’, comment piece by Frances Crook, Chief Executive at The Howard Legal Aid, Sentencing and Punishment of League for Penal Reform, 23 March 2014’. Offenders Act 2012 (2012) Chapter 10, part 3, Available at: http://www.politics.co.uk/comment- chapter 3, section 104. Available at: analysis/2014/03/23/comment-why-has-grayling- http://www.legislation.gov.uk/ukpga/2012/10/sec banned-prisoners-being-sent-books tion/104/enacted [accessed September 2014]. Reynaert, D., Bouverne-de-Bie, M. and McAra, L. and McVie, S. (2010) ‘Youth crime Vandevelde, S. (2009) ‘A Review of Children’s and justice: Key messages from the Edinburgh Rights Literature Since the Adoption of the Study of Youth Transitions and Crime’, United Nations Convention on the Rights of the Criminology and Criminal Justice, 10(2), pp. Child’, Childhood, (16) pp. 518–534. 179–209. Shier, H. (2001) ‘Pathways to participation: Munby, M. J. (2002) ‘Judgement by Mr Justice openings, opportunities and obligations’, Munby on the application from the Howard Children and Society, 15, pp. 107–117. League for Penal Reform 29 November 2002’. Neutral Citation, (2002). Available at:

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Coercion into crime: A gendered pathway into criminality

Charlotte Barlow, Birmingham City University There is a growing body of literature which co-offending supports the claim that women follow partnerships, for distinct and often gendered pathways into example, male and crime (Daly, 1994; Belknap and Holsinger, female gang 2006). These pathways can in some members (Averlado, instances be defined and influenced by their 2007; Brown, 2007), co-offending with a male partner. While this pimps and female article recognises that men also follow sex workers distinct pathways into crime and women (Kennedy, 2007) and offend for a variety of reasons, it will focus men and women who on women’s experiences of a particular sexually abuse pathway into crime. The act of committing children together crime alongside one or more accomplices, (Matthews, Matthews particularly female co-offending, has and Speltz, 1991). received relatively little criminological Collectively, such research suggests that in attention. However, what research exists specific contexts, women can be coerced suggests that co-offending can have an into illegal activity by their male partner/co- impact on the type of offences women offender, particularly if they are involved in commit. For example, Becker and McCorkel an intimate personal relationship together. (2011) argue that women are more likely to engage in gender atypical offences when The personal relationship between co- they co-offend with men, such as robbery offenders: Fear or enthrallment? and murder. Furthermore, Mullins and Research has explored the nature of the Wright (2003) suggest that women are often personal relationship between co-offenders. introduced to offences such as residential Welle and Falkin (2000) argue that women burglary by a male partner and/or co- who are in a romantic relationship with their offender. Koons-Witt and Schram (2003) male co-offender are more vulnerable to also argue that whilst women who commit manipulation and coercion, arguing that crimes alone are more likely to be involved such female co-offenders have often in aggravated assaults than robberies or experienced ‘relationship policing’. Female murder, those who co-offend with men often respondents in their study suggested they commit more serious offences. became involved in criminality as a result of As well as influencing the nature of their fear of disappointing or disobeying their the offences that women commit, some partner as opposed to making a rational research suggests that male co-offenders decision to participate. Richie (1996: 133) can affect women’s decisions to offend and also supports the case for coercion and in some instances can coerce women to coined the term ‘gender entrapment’, which commit a criminal act. For example, Gilfus helps to show how some women are forced (1992) argued that many of the women he or coerced into crime by their culturally interviewed about their offending behaviour expected gender roles, the violence in their suggested that their involvement in crime intimate relationships and their social was the result of their relationships with position in the broader society. abusive and controlling men. Coercion is Jones (2008) suggests that personal also manifest in particular types of relationship between male and female co- defendants can be classified in a number of

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ways; for example, women who are in a committed a crime out of love or fear, both coercive relationship with their partner, constitute a form of emotional coercion women who committed a crime through love into crime. and women who were ‘equal’ partners in their criminality. Jones (2008) argues that An alternative conceptual framework: the nature of the personal relationship Coercion into crime between male and female co-defendants to This notion of a coercive pathway into some extent influenced the reasons why the criminality combines Stark’s (2007) women became involved in criminal activity. definition of ‘coercive control’, namely, He recognised that while women make a ‘calculated, malevolent conduct deployed ‘choice’ to offend, this choice can in some almost exclusively by men to dominate instances be influenced by the abuse and individual women by intervening repeated control they experience in their relationship. physical abuse with three equally important Jones concluded that the high level of both tactics, namely intimidation, isolation and mental and physical coercion reported by control’ with Kelly’s (1988) notion of a the women suggests that a substantial ‘sexual continuum’. Kelly (1988) argues that amount of female offending may be the continuum of sexual violence ranges explicable on this basis (2008: 160). In a from extensions of the myriad forms of later piece of research, Jones (2011) argued sexism women encounter everyday through that the coercive nature of such co-offending to rape or murder of women by men. She relationships helped to explain why many suggests that the concept of a continuum female prisoners had pleaded guilty to a enables women to make sense of their own crime they had not committed, due to an experiences by showing how ‘typical’ and excessive desire to protect their partners ‘extreme’ male behaviours shade into needs above their own, or alternatively, out one another. of fear towards their male co-offender. Whilst Kelly (1988) and Stark’s Jones’ (2008) research is particularly (2007) ideas concern domestic and sexual relevant to this article because it sparks an abuse, their concepts can be reapplied to interesting debate around the notion of explain the ‘continuum of coercion’ with committing a crime because of being in love relation to committing crimes. This argues or enthralled with one’s partner, or being in that a range of behaviours should be fear of them, which is particularly relevant to considered as being potentially coercive the current article. In Jones’ research, within male-female co-offending women who committed a crime out of love partnerships, particularly those which are or enthrallment and those who committed a characterised by a personal relationship, crime out of fear could be separated into such as physical and/or emotional abuse, two, distinct categories defined by the kind control, economic abuse and/or control, of abuse the women experienced. Rather obsession and/or love. Rather than being than dichotomising these experiences, viewed as being distinct and separate from however, love and fear can be considered each other, such behaviours should be as part of a continuum of coercive pathways understood as being part of a wider into criminality. Whether the women ‘continuum of coercion’. This conceptual reported committing a crime out of love or framework suggests that within the context fear, both groups reiterated that they of such co-offending partnerships, the whole engaged in illegal activity to avoid relationship should be explored when disappointing or angering their partner. attempting to understand the women’s Therefore, it could be argued that reasons for offending, rather than focusing irrespective of whether the women explicitly on the offending act itself. This would encourage a more in-depth

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understanding of the potential influence of both women and men ultimately make a the relationship on the offending behaviour. choice to engage in a criminal act, it is The studies discussed above (Welle argued here that this choice is often and Falkin, 2000; Jones, 2008; Richie, influenced by social context, individual 1996) highlight that many women who circumstance and other external factors. experience coercion into crime argued that Thus ‘choice’ needs to be situated in its they had been physically, psychologically social context (Daly, 1994). As outlined by and emotionally abused by their male Daly (1994: 451, cited in Comack and partner. This suggests that the act of Brickey 2007: 27) ‘It is important to coercion should be viewed as being part of acknowledge, however, that choices are the wider continuum of domestic abuse as never free and open, that the ability to well as being understood as a continuum in ‘choose’ will be affected by broader social and of itself. Collectively, this would not only conditions.’ This article contends that the help to highlight the biographical context in legal and traditional definition of ‘choice’ and which this phenomenon occurs, but it would rationality are male-defined concepts and also aid in capturing the virtually muted fail to reflect the reality of many women who experiences of coerced women. offend more generally (Ballinger, 2000; Whilst some feminist scholars argue 2012) and in particular, women who have that women who offend should be viewed as been coerced in to crime. autonomous individuals choosing to commit Overall, rather than continuing to crime as a conscious and deliberate act, mute the experiences of women who have other scholars have argued that women who been coerced into crime by a male partner, offend have different motivations to commit this article has offered an alternative way of crime, some of which render them less than understanding their realities, by utilising fully autonomous, and women may be concepts such as the ‘continuum of coercion influenced by issues such as personal into crime’ and arguing that such women’s circumstance, poverty or coercion (Carlen, offending should be understood within the 1988; Ballinger, 2000; Richie, 1996). Maher individual and personal context in which it (1997) suggests that women who offend are occurred. Collectively, this approach would typically viewed to be either wholly lead to a more nuanced understanding and independent agents or as being ‘out of appreciation of coerced women’s lived control’ of their offending behaviour. experiences. However, this dichotomisation of agency is a reductionist approach, and does not apply to Charlotte Barlow is in the final stages of all female offending behaviour, particularly her PhD at the University of Liverpool, which female co-offending which is characterised explores the ways in which women who are by coercion. It is important to note that it is co-accused with a male partner of not the intention of this article to deny the committing a range of crimes are framed by agency of all women who offend, but rather British newspapers, and compares such to consider coercion as a distinct and often reportage with the record made in the legal gendered pathway into crime. proceedings of the same cases. Charlotte is The concept of ‘coercion into crime’ also a Lecturer in Criminology at implies that many legal explanations for Birmingham City University. offending decision-making, such as ‘rationality’ and ‘choice’, do not accurately account for the experiences of women who have been coerced into crime by a male partner. Whilst this article recognises that

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References Jones, S. (2011) ‘Under Pressure: Women who Avelardo, V. (2007) Mexican American Girls and plead guilty to crimes they have not committed’, Gang Violence: Beyond Risk. USA: Palgrave Criminology and Criminal Justice, 11, pp. 77–90. Macmillan. Kelly, L. (1988) Surviving sexual violence. Ballinger, A. (2000) Dead woman walking. Cambridge: Polity. Aldershot: Ashgate. Kennedy, M., Klein, C., Bristowe, J., Cooper., B., Ballinger, A. (2012). A muted voice from the and Yuille, J. (2007) ‘Routes of Recruitment: past: The ‘silent silencing’ of Ruth Ellis, Social Pimps’ techniques and other circumstances that Legal Studies, 21, pp. 445-467 lead to street ’, Journal of Aggression, Maltreatment and Trauma, 15, pp. Becker, S., and McCorkel, J.A. (2011) ‘The 1–19. gender of criminal opportunity: The impact of male co-offenders on women’s crime’, Feminist Koons-Witt, Barbara and Schram, Pamela J. Criminology, 6, pp. 79–110. (2003). The prevalence and nature of violent offending by females. Journal of Criminal Belknap, J., and Holsinger. K. (2006) ‘The Justice, 31, pp. 361-371. gendered nature of risk factors for delinquency’, Feminist Criminology, 1, pp. 48–71. Maher, L. (1997) Sexed Work: Gender, Race and Resistance in a Brooklyn Drug Market. Brown, V.A. (2007) ‘Gang member perpetrated Oxford: Clarendon Press. domestic violence: A new conversation’, Journal of Race, Religion, Gender and Class, 11, pp. Matthews, J.K., Mathews, R. and Speltz, K. 395–413. (1991) ‘Female sexual offenders typology’ in M.Q Patton (ed). Family sexual abuse: frontline Carlen, P. (1988) Women, Crime and Poverty. research and evaluation. London: Sage. Alden: Oxford University Press. Mullins, C., and Wright, R. (2003) ‘Gender social Comack, E. and Brickey, S. (2007) ‘Constituting networks and residential burglary’, Criminology, the violence of criminalized women’, Canadian 41, pp. 813–840. Journal of criminology and criminal justice, 49, pp. 1–36. Richie, B.E. (1996) Compelled to crime: The gender entrapment of battered black women. Daly, K. (1994) Gender, Crime and Punishment. New York: Routledge. New Haven: Yale University Press. Stark, E. (2007) Coercive Control: How men Gilfus, M.E. (1992) ‘From victims to survivors to entrap women in personal life. London: Oxford offenders: Women’s routes of entry and University Press. immersion into street crime’, Women and Criminal Justice, 4, pp. 63–89. Welle, D., and Falkin, G. (2000) ‘The everyday policing of women with romantic co-defendants: Jones, S. (2008) ‘Partners in crime: A study of An ethnographic perspective’, Women and the relationship between female offenders and Criminal Justice, 11, pp. 45–65. their co-defendants’, Criminology and Criminal Justice, 8, pp. 147–164.

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Promoting empathy development with the ‘damaged, disturbed and dangerous’

A snapshot study to examine the empathy levels of prisoners at HMP Grendon Therapeutic Community

Sophie Rowe, Birmingham City University

Research Background complex needs in a Theorists suggest an empathy deficit has an therapeutic environment influence on offending (Farrington, 1998; using group therapy. Farr et al., 2004). However, much of the The therapeutic empirical research appears equivocal community model used (Joliffe and Farrington, 2004). Empathy is at Grendon strives to central to the therapy programme at HMP create an environment Grendon, a therapeutic prison based on the that promotes principles of respect, openness, challenge, individuals’ awareness of trust and responsibility (Bennett and Shuker, their own actions and the 2010). The aim of this study was to examine impact that these may have on others the function of time spent in a therapeutic (Shuker and Sullivan, 2010). It differs from prison in relation to the empathic ability other offending behaviour programmes of prisoners. which take place in prisons, known for their oppressive, hierarchical structure and non- Empathy and Offending negotiable rules (Genders and Player, Empathy is the ability to recognise the 2010), because the therapeutic community feelings that another person may be enables democratic exercise of power and experiencing (Palermo, 2012). Embedded encourages the development of personal within mainstream criminological thought is identity (Shuker and Sullivan, 2010). Today a conceptual connection between low Grendon is not a lone wolf in prison reform, empathy and risk of offending, particularly there are several examples of ‘therapeutic violent offending. Miller and Einsenberg wings’ within the penal system in England (1988) suggest that the tendency to be and Wales, such as HMP Channings Wood, aggressive is facilitated by low empathy HMP Garth and HMP Dovegate. However, because the individual is unable to Grendon still remains the only prison in comprehend the mental state of others. Put Europe to operate fully as a therapeutic simply, it is believed that those who can community. comprehend the feelings of others are less Sessions that aim to promote empathy inclined to act in an aggressive manner. include psychodrama, which uses methods Such conceptions imply that empathy such as role reversal, doubling and development programmes may contribute to mirroring. During psychodrama therapy, a reduction in violent reoffending. prisoners attempt to put themselves in their victim’s shoes by acting out scenes from the Promoting Empathy at HMP Grendon past. In a BBC news report (2011) Noel Therapeutic Community Smith, a former Grendon resident claimed Grendon opened in 1962, when empathy was the most important thing he rehabilitation was a primary concern, to learned at Grendon: concentrate on the treatment of men with

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A lot of armed robbers tell themselves Grendon's population scored 25 or more on we don't have victims... I had never the Hare’s (1991) revised Psychopathy really taken other people's feelings into Checklist, denoting them to be account. When you think about what psychopathic, and about 25 per cent scored your victims must have thought, it is above 30, denoting them to be severely very hard to depersonalise them. psychopathic and very high risk. Baron- Cohen (2011) predicts that individuals Prisoners often use defensive strategies diagnosed with psychopathy are likely to when confronted with the damaging demonstrate zero degrees of empathy on consequences of their crime as a way to the Empathy Quotient test. avoid the negative emotions that would Due to psychopaths’ duplicitousness otherwise be activated. However, it is and charm, there may be some anxiety that difficult for prisoners to maintain these they will display progress while not actually defensive strategies at Grendon as their engaging in therapy (Morris, 2004). while beliefs and behaviour are continuously studies by Blair et al. (1996), Donal and challenged by staff and fellow prisoners. Fullam (2004) and Richell et al. (2003) have found that adults with psychopathy have the Research Methods capacity to realise another’s perspective This snapshot study draws on survey (cited in Jones et al., 2010). This is perhaps responses from prisoners at HMP Grendon, not surprising, as psychopaths are often a Category B security prison. characterised by their ability to manipulate Participants others, which requires good perspective- Over a third of all Grendon prisoners taking ability. participated in the study. Responses were Procedure collected from70 male prisoners who had Participants were asked to indicate the been in Grendon between 2 – 62 months length of time they had spent at HMP (the average was 16.5 months). Grendon and empathy was measured using Characteristics such as, age, offence and Baron-Cohen’s (2011) revised Empathy sentence length of the participants are Quotient tool, a self-report scale made up of unknown, but following a study on 607 40 statements designed to measure consecutive admissions to Grendon empathy along a single dimension. between 1995– 2000, Shine and Newton Participants were asked to indicate the described the profile of prisoners as extent to which they agreed with statements ‘damaged, disturbed and dangerous’ (cited on a four-point attitude scale. Responses in Shine, 2000: 23), which gives an ranged from strongly agree to strongly indication of the types of offenders held at disagree. The scores for each question were Grendon. Similarly, following an inspection then combined to form an overall empathy in 2009, the then Chief Inspector of Prisons, score. Higher scores reflected higher levels Dame Anne Owers, claimed Grendon had of empathy. ‘some of the system's most dangerous and difficult prisoners’ (McClatchey, 2011: 1). Research findings Grendon holds a number of offenders The results revealed a statistically significant with psychopathy, a disorder commonly correlation between empathy levels of associated with low empathy (Baron-Cohen, prisoners and time spent at HMP Grendon. 2011). A defining condition of clinical The longer the time spent at Grendon, the psychopathy is ‘reduced empathic higher the empathy. This suggests that a responding to victims’ (Ali et al., 2009: 758). change in behaviour takes time as new Morris (2004) found that 50 per cent of behaviours need to be constantly reinforced

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by other prisoners and staff. It is also interesting to note that the average level of empathy was noticeably greater than anticipated, based on the assumption that people who offend have significantly lower empathy than people who don't. The Empathy Quotient scores ranged from 11 to 74 (maximum score that can be obtained is 80), and the mean score was 43. Fifty-three per cent of participants reported to have ‘average empathy’ and 26 per cent ‘above average empathy’. In fact, only 15 out of the 70 participants can be defined as having Image credit Yakubov Alim what Baron-Cohen (2011) considers ‘low empathy’. (2000) which suggests prisoners that were Due to the snapshot approach, cause transferred to other prisons, rather than and effect cannot be determined. However, directly to the community, have higher levels findings from the study show promising of reconviction on their subsequent release. indications that Grendon is effective in Genders and Player (2010: 442) argue that inducing empathic ability. The longer this may be explained by men having ‘to prisoners spend at Grendon, the more harden off to cope with criminal values in the opportunity they have to make sense of the mainstream’ where empathy is seen to be a impact of their actions and practice what weakness and ridiculed for its feminine behaviours they need to address (Farr et al., connotations (De Waal, 2009). Such a stark 2004). This is consistent with the findings in change in environment may cause empathy relation to a snapshot study conducted by erosion, consequently putting the prisoner at Genders and Player (1995), where men who greater risk of reoffending. had been at Grendon for longer than a year For those released directly into the reported they had a greater understanding community, it is possible that their empathy and empathy for the problems faced by will decrease as therapeutic communities do others. A great opportunity for future not mirror reality. Frank Cook, a former research could use a longitudinal approach Grendon resident, supports this notion, “I to further investigate empathy and its was able to make progress, but that was an relation to offending. artificial situation and the real world was a This study suggests that empathy different prospect altogether” (Cook and development programmes at HMP Grendon Wilkinson, 1998: 60). Despite the represent a large step towards an introduction of a staff cross-posting policy in appropriate and humanising way of 1982, which introduced female staff into addressing offending behaviour. However, therapeautic communities (thereby creating ‘graduating’ from Grendon with greater an increased degree of social reality) empathy does not automatically indicate a therapeutic communities are still reduced likelihood of reoffending, as there is predominately staffed by men, and always the possibility of reversion to non- individuals constantly challenge each other’s empathic behaviours. In reality it is likely behaviour (Genders and Player, 2010). This that empathy levels will drop after release, is not typical of the outside world, where as there is no structured support for men challenge often leads to confrontation, and when they transfer into lower security sometimes aggressive situations. It is prisons. This chimes with Taylor’s research therefore important for further research to investigate the ways in which prisoners can

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be supported on release from Grendon, to Genders, E. and Player, E. (1995) Grendon: A help maintain the valuable empathic skills Study of a Therapeutic Prison. Oxford: they have learnt. Clarendon Press.

Sophie Rowe was awarded the Howard Genders, E. and Player, E. (2010) ‘Therapy in Prison: Revisiting Grendon 20 Years On’, The League Bursary to study towards her Howard Journal, 49(5), pp. 431–450. Masters in Criminology. Sophie’s primary research focused on the empathy levels of Jolliffe, D. and Farrington, D. P. (2004) Empathy offenders at HMP Grendon using the and offending: A systematic review and meta- Empathy Quotient tool. analysis, Aggression and Violent Behaviours, 9(5), pp.441-467. References Ali, F., Amorim, I.S. and Chamorro-Premuzic, T. Jones, A.P., Happe, F.G.E., Gilbert, F., Burnett, (2009) ‘Empathy deficits and trait emotional S. and Viding, E. (2010) ‘Feeling, intelligence in psychopathy and caring, knowing: different types of empathy Machiavellianism’, Personality and deficit in boys with psychopathic tendencies and Individual Difference, 47(7), pp. 759–762. autism spectrum disorder’, Journal of Child Psychology and Psychiatry, 51(11), pp. 1188– Baron-Cohen (2011) Zero Degrees of Empathy: 1197. A New Theory of Human Cruelty. London: Penguin Books Ltd. Miller, P.A. and Eisenberg, N. (1988) ‘The relation of empathy to aggressive and BBC (2011) HMP Grendon: Therapy for externalising/ antisocial behaviour’, dangerous prisoners.16 November 2011. Psychological Bulletin, 103(3), pp. 324–344. Available online: http://www.bbc.co.uk/news/uk- 11947481 [accessed September 2014]. Morris, M. (2004) Dangerous and severe – Process, Programme and Person: Grendon’s Bennett, P. and Shuker, R. (2010) ‘Improving Work. London: Jessica Kingsley. Prisoner-Staff Relationships: Exporting Grendon’s Good Practice’, The Howard Journal, Palermo, G.B. (2012) ‘Do Psychopaths Feel 49 (5), pp. 491–506. Empathy?’, International Journal of Offender Therapy and Comparative Criminology, 56(8), Cook, F. and Wilkinson, M. (1998) Hard Cell. pp. 1147–1148. Liverpool: The Bluecoat Press. Shine, J. (ed.) (2000) A Compilation of Grendon De Waal, F. (2009) The Age of Empathy. Research. HM Prison Grendon. London: Souvenir Press Ltd. Shuker, R. and Sullivan, E. (eds.) (2010) Farr, C., Brown, J. and Beckett, R. (2004) ‘Ability Grendon and the Emergence of Forensic to empathise and masculinity levels: comparing Therapeutic Communities: Developments in male adolescent sex offenders with a normative Research and Practice. Chichester: Wiley- sample of non-offending adolescents’, Blackwell. Psychology, Crime and Law, 10(2), pp.155–167. Taylor, R. (2000) ‘A Seven Year Reconviction Farrington, D.P. (1998) Individual differences Study of HMP Grendon Therapeutic and offending. In Tonry, M. (Ed.) The handbook Community’, Home Office Research, of crime and punishment, Oxford: Oxford Development and Statistics Directorate, University Press. Research Findings No.15, London: Home Office.

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Upcoming events

Through the gate: Transforming rehabilitation and the future of prisons

Wednesday 19 November 2014, 9.30am–4pm The King's Fund, 11–13 Cavendish Square, London W1G 0AN

More is being demanded of our prisons than ever before, the prison population is rising and major reforms are sweeping across the penal system. This national one-day conference will see leading speakers from the sector discuss how the Transforming Rehabilitation agenda will change the penal system.

The conference themes will include:

 Through the gate and achieving desistance  Beyond the gate and key issues in focus

 Within the gate and change inside prison.

Speakers and contributors

Paul McDowell  Frances Crook OBE, Chief Executive, The Howard League for Penal Reform  Charlie Gilmour  Nick Hardwick CBE, HM Chief Inspector of Prisons  Baroness Linklater of Butterstone

 Paul McDowell, HM Chief Inspector of Probation  PJ McParlin, National Chairman, Prison Officers’ Association

 Professor Mike Nellis, University of Strathclyde  Campbell Robb, Chief Executive, Shelter  Jackie Russell, Director, Women's Breakout  Lucy Scott-Moncrieff CBE, Managing Director, Scott-Moncrieff and Jackie Russell Associates Ltd  Chris Sheffield OBE, Chair, Commission on Sex in Prison  James Timpson OBE, Chief Executive of Timpson

Why attend? The conference will offer an opportunity for the delegates from across public, private and voluntary sectors to examine the impact of the government's strategy so far, debate the current issues facing your organisation, discuss best practice and network with key stakeholders.

Book your place Campbell Robb Conference rates and online booking form. For any additional information email: [email protected]

The conference will be followed by the Howard League Annual General Meeting.

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Upcoming events

No Fixed Abode: The implications for homeless people in the criminal justice system

Wednesday 12 November 2014 6.00 - 8.00pm 80-98 Mount Pleasant, John Foster Building, Room: JF/111A Liverpool John Moores University, L3 5UZ

This joint Howard League ECAN and Liverpool John Moores University event will begin with Dr Vickie Cooper presenting the findings of her research No Fixed Abode. This will be followed by short presentations from Professor David Clapham, Reading University and Helen Mathie, Head of Policy at Homeless Link.

These presentations will be supported by discussion and viewpoints from invited stakeholders.

To reserve a place at the event email: [email protected]

Research events in 2015

What if police bail was abolished? 13 January 2015

Evening event at the LSE with primary speaker Professor Ed Lloyd-Cape, University of the West of England

Penal policy, NGOs and the media. 22 January 2015

Evening event at the LSE based on research by Dr Marianne Colbran, University of Oxford and Mannheim Centre, LSE

The event will explore how to improve the media’s coverage of penal issues.

What if key neo-liberal criminal justice policies were rescinded? 5 February 2015

Evening event at the LSE with primary speaker Professor Stephen Farrall, University of Sheffield

Look out for more details about these events on our website over the next few weeks. If you would like to reserve a place for any of them in the meantime please email: [email protected]

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Recent research

The experience and ethics of conducting research with prisoners convicted of sexual offences

Alice Ievins was a winner of the 2013 John Sunley Prize. A version of her Masters dissertation, Living among sex offenders: Identity, safety and relationships at Whatton prison will be published by the Howard League in November. In recent years, many prisons researchers have followed in the footsteps of the ‘autoethnographic turn’ of anthropology and sociology, calling for scholars to analyse and articulate their research experiences, Alice Ievins emotions and political standpoints (see, for example, the 2014 edition of Qualitative imprisonment, with particular reference to Inquiry on ‘Doing Prison Research their safety, identity and relationships. Three Differently’, edited by Yvonne Jewkes). more prisoners were interviewed by my There are many risks to such an approach, supervisor. These interviews formed the in particular that focusing on the basis of my MPhil dissertation and will be experiences of the researcher might not built on in my PhD research, which also leave space for the research itself. On the focuses on sex offenders’ experiences of other hand, talking honestly about our imprisonment. In this article, I will briefly experiences can be beneficial for less discuss other researchers’ discussions experienced researchers (Jewkes, 2011). about the experience of interviewing sex More importantly, it is crucial that we offenders, before considering some of my scrutinise ‘the theoretical impact of [the] own experiences and their implications. methodological choices’ we make (Presser, Perspectives on researching sexual 2004: 99). Everything, from our choice of offenders topic to our interactions with our People convicted of sex offences have been participants, is affected by our values and the focus of significant amounts of emotions. The way we feel about our criminological research, most of which is participants affects what we think about psychologically-oriented and concerned with them, and hence how we write about them. offending behaviour and how best to treat it. It is therefore important to evaluate and These studies imagine their subjects as sex discuss our experiences as researchers – offenders, rather than as prisoners, as long as our ultimate aim is to accurately probationers or people in treatment, and and sensitively describe and explain the much that has been written about the social world. process and experience of conducting It is with this aim in mind that this research with this group reflects that this is article explores my own experiences of their ‘master status’ (Becker, 1963). interviewing prisoners convicted of sexual Conducting research on sex offences. In 2012, I spent two weeks in offenders seems to raise numerous ethical Whatton prison, interviewing nineteen issues for researchers, including their prisoners about their experiences of justifications for doing it. The main

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motivation given seems to be to reduce I did not judge my participants; it would further sex offending (Scully, 1990; hinder my attempts to build rapport, and Cowburn, 2007; Waldram, 2007), rather more importantly, it was not my place. The than to understand the lives of its interview schedule did not include questions perpetrators. This can lead researchers to about the offence, and if prisoners brought it limit their appreciation (Matza, 1969) of their up, I tried to move the conversation on. participants’ perspectives. Researchers Several prisoners contested the harm they describe their active attempts to reduce the had caused, as well as their moral (if not development of empathy and rapport, both legal) culpability, but only two categorically in order to protect themselves from the denied their guilt. Fortunately, I was never perceived risk of being groomed, and so as asked to offer my opinion on such matters not to collude in any denial or cognitive (unlike Blagden and Pemberton, 2010), and distortions on the part of their interviewees as it was not the focus of my research, I was (Scully, 1990; Roberts, 2011). This generally able to ignore prisoners’ contradicts the standard practice in assertions. The ethical risks of this strategy qualitative research in general and prisons became clear when, while transcribing my research in particular, in which empathy is interviews, I realised that I had politely seen as central to understanding (Liebling, laughed at a joke made by a prisoner 1999). Those who do develop friendly convicted of having sex with a fifteen-year relationships with interviewees report finding old girl about the difficulties of guessing this morally problematic, worrying that by people’s ages. Moral and methodological listening to people’s perspectives they are impartiality can be taken too far. reinforcing their (presumed) wrong The conscious effort involved in viewpoints (Hudson, 2005; Blagden and treating my participants as prisoners rather Pemberton, 2010; Digard, 2010). Their than sex offenders shows the potency of construction of their research participants as their stigma. I spent one interview oscillating ‘sex offenders’ therefore risks shaping between distaste for the overweight, the knowledge curated during the bearded and sweating prisoner I was research process. interviewing – every inch the stereotypical image of the paedophile – and anger with Researching prisoners convicted of myself for succumbing to such thoughts. sexual offences Goffman (1963: 30) argues that when My research differed from the unstigmatised people interact with aforementioned projects in its focus and stigmatised people, ‘attention is furtively motivation: I was not interested in my withdrawn from its obligatory targets’, research participants’ offending, but in their leading to self-consciousness and experiences in prison, their position at the ‘interaction-uneasiness’. The times at which base of the prisoner hierarchy, and the I felt most uncomfortable were when my existential consequences of the stigma attention was drawn to my participants’ (Goffman, 1963/1990) that comes with their stigmatised identities as sex offenders. conviction. Their master status was These incidents tended to be gendered, therefore ‘prisoners convicted of sexual based on the perceived risks of a young offences’, not ‘sex offenders’; this is how I woman being left alone with a sex offender. referred to them during my fieldwork Prisoners often seemed surprised at my (despite the fact that many participants presence in the prison, and several asked comfortably referred to themselves as ‘sex me after the formal interviews if I was offenders’), and this affected how I tried to uncomfortable talking to them or afraid interact with them. It was both walking around the prison. On more than methodologically and morally imperative that

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one occasion, staff members half-jokingly Conclusion: Honesty as a warned prisoners to behave themselves with methodological imperative me, sexualising the situation far more than Yvonne Jewkes (2014: 389) argues that most prisoners did. there is an ‘unwritten professional code’ that One prisoner peppered our interview with criminologists do not discuss any ‘fear, sexualised comments intended to test my intimidation or repugnance toward our reactions. They ranged from implying he respondents’: ‘[t]o confess to responding to wanted to be whipped by me to considering inmates negatively risks alienating our the acceptability of fantasising about me; peers, “stitching up” our subjects, appearing after every such comment, he speculated to be politically and ideologically positioned about its appropriateness, often joking about on the “wrong side,” or publicly me running out of the room, and I stubbornly acknowledging “failure” (e.g., to blend into acted as though I was not uncomfortable. the field or build rapport)’. This holds true for My determination to treat participants as prison sociologists, if not for those who prisoners rather than sex offenders led me study and write about sex offenders. To to the verge of dishonesty, and potentially construct our research participants as (sex) beyond it. In one interview, I was offenders and nothing more is simultaneously sexualised and idealised as dehumanising, essentialising and a paragon of feminine forgiveness: intellectually dishonest, but to act as though we are not affected by their offences is Say I met you on the out and I told you misrepresentative. This matters less what I was in for and everything and we because of an obligation to be authentic sort of hooked up, you’d probably about our own experiences than because of understand it after it basically being our obligation to describe the social worlds explained. But other females won’t and we care about in as truthful a way as won’t take you on. possible. Emotions are data (Liebling, 1999, (Prisoner) 2014), and the way we feel about our participants can reflect their position in This prisoner had already explained his society. Despite my best intentions, my offence to me, and while I understood his perceptions of and interactions with my actions, I did not approve of them. I also felt, participants were affected by their stigma. and feel, that it was insincere of me to let Rightly or wrongly, being convicted of a him think that I would be willing to have a sexual offence changes an individual’s relationship with someone with a conviction social identity in a way which is difficult to for a sex offence. On the other hand, to overcome. have told the truth would have been cruel. My moral dilemmas reflected those of Alice Ievins is studying for a PhD at the my participants. They struggled every day Institute of Criminology, University of with the dilemma of how best to live as Cambridge, where she is a member of the someone convicted of a sex offence with Prisons Research Centre. people convicted of a sex offence. They managed this situation by trying to live as References though they did not judge people for their Becker, H. S. (1963) Outsiders: Studies in the offences, but this attitude was difficult to Sociology of Deviance. New York: The Free maintain. Like them, I tried to treat my Press of Glencoe. participants as people rather than sex offenders. Like them, I struggled to do so, a Blagden, N., and Pemberton, S. (2010) 'The testament to the strength of their stigma. challenge in conducting qualitative research with

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convicted sex offenders'. The Howard Journal of Liebling, A. (1999) 'Doing research in prison: Criminal Justice, 49(3), pp. 269–281. Breaking the silence?' Theoretical Criminology, 3(2), pp. 147–173. Cowburn, M. (2007) 'Men researching men in prison: The challenges for profeminist research'. Liebling, A. (2014) 'Postscript: Integrity and The Howard Journal of Criminal Justice, 46(3), emotion in prisons research'. Qualitative Inquiry, pp. 276–288. 20(4), pp. 481–486.

Digard, L. (2010) Sex Offenders and their Matza, D. (1969) Becoming Deviant. Englewood Probation Officers’ Perceptions of Community Cliffs. NJ: Prentice-Hall. Management in England and Wales. PhD Thesis, University of Cambridge. Presser, L. (2004) 'Violent offenders, moral selves: Constructing identities and accounts in Goffman, E. (1963) Stigma: Notes on the the research interview'. Social Problems, 51(1), Management of Spoiled Identity. London: pp. 82–101. Penguin Books. Roberts, S. (2011) 'Doing research with Hudson, K. (2005) Offending Identities: Sex imprisoned adult male child sexual abusers: Offenders’ Perspectives on their Treatment and Reflecting on the challenges'. Child Abuse Management. London: Willan Publishing. Review, 20(3), pp. 187–196.

Jewkes, Y. (2011) 'Autoethnography and Scully, D. (1990) Understanding Sexual emotion as intellectual resources: Doing prison Violence: A Study of Convicted Rapists. Boston: research differently'. Qualitative Inquiry, 18(1), Unwin Hyman Inc. pp. 63–75. Waldram, J. B. (2007) 'Everybody has a story: Jewkes, Y. (2014) 'An introduction to “doing Listening to imprisoned sexual offenders'. prison research differently”'. Qualitative Inquiry, Qualitative Health Research, 17(7), 20(4), pp. 387–391. pp. 963–970.

John Sunley Prize 2015 now open for submissions!

The Howard League for Penal Reform is seeking to reward and encourage Masters students who generate outstanding research dissertations that are both topical and original; and can also offer genuine new insights into the penal system and further the cause of penal reform.

There will be three recipients of prize, each of whom will receive £1,000, and the winning dissertations will be published by the Howard League.

The deadline for entries is 27 March 2015. Find out John Sunley Prize 2014 winning and highly how to apply on our website. commended candidates at the Howard League Parmoor lecture with Joan Tice DL, who presented the awards.

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Use your situation to change your destination: Evaluation of The Howard League for Penal Reform’s U R Boss

The final evaluation presents the work and conferences and the achievements of U R Boss, and lessons for Howard League’s the future. The report was prepared by annual general Jennie Fleming, Co-director, Practical meeting. The Participation; Jean Hine, Reader in evaluators found that Criminology, De Montfort University and the close relationship Roger Smith, Professor of Social Work, between U R Boss Durham University. U R Boss was a five- participation work and year participation project. During this time it the charity’s legal helped hundreds of children to secure their service, which worked legal rights, and enabled disenfranchised to protect children’s children and young people to campaign for rights and helped them understand the legal change, by lobbying MPs, PCCs, police and system, was key to achieving success. The other policy-makers on how it could be evaluators said that the ‘groundbreaking and improved. A major achievement of the innovatory’ project achieved ‘significant project was to secure an end to routine strip- impact which will have a direct and searching of children in prison. More than beneficial effect on treatment of young 350 young people, some of whom were in people in the justice system’. A summary custody, contributed to a 10-point manifesto document for young people is also available for change, which was presented at party online.

Commission on Sex in Prison

The Howard League sexual development among young people in for Penal Reform prison. The purpose of the Commission is to has established an understand the nature and scale of sex in independent prisons, investigate the key issues and Commission on Sex problems and make recommendations with in Prison to a view to make prisons safer. undertake the first Three Commission briefing papers ever review of sex have now been published by the Howard inside prison. There League. They are all based on the written is currently little and oral evidence submitted to the reliable evidence Commission from voluntary and statutory available on agencies, prison governors and serving consensual or prisoners. coercive sexual activity in prisons in England and Wales. Throughout 2013 and Consensual sex among men in prison 2014, Commissioners have focused on The first of these looked at consensual sex three broad themes: consensual sex in among men in prison. There is evidence to prison; coercive sex in prison and healthy show that sex in prison does happen, and there is no prison rule prohibiting sex

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between prisoners, but prison staff do not to become coercive and staff need to be allow prisoners to have sex. Consensual sex able to recognise signs of grooming or in prison is an issue which creates abuse. embarrassment, controversy and conflict among politicians and policy makers, prison Coercive sex in staff, healthcare staff, prisoners and the prison public. Tensions exist between the need to The third briefing protect the vulnerable in prison, maintain looks at coercive public health both within prisons and in the sex in prison. wider community and prevent discrimination Sexual violence in on the grounds of sexual orientation. prison is hidden and Specific issues around sex in prison, such under-reported, but as the provision of condoms, need to be the number of approached pragmatically to protect the sexual assaults in health of prisoners, their partners and the prison is now at the wider public. highest recorded level since 2005, Women in prison: Consensual and and so there is an urgent need to determine coercive sex the nature and scale of sexual abuse in The second briefing prisons in England and Wales. Prison paper considered culture, particularly in male prisons, may be the experiences of a significant factor in victims’ reluctance to women in prison. disclose they have been sexually assaulted. Relationships Prison staff must acknowledge that assaults between women can happen in prison and should take prisoners are very allegations of rape or assault seriously. Gay different to those and transgender prisoners are more likely found in men’s than heterosexual prisoners to face sexual prisons, and women victimisation. Prisons must identify, support in prison have and respond to the needs of vulnerable different sexual prisoners at greater risk of sexual abuse in health needs to custody. Closed institutions, including men in prison. Many of the women who prisons, are often not open to wider scrutiny enter prison are vulnerable and prison can and prisoners may be more susceptible to exacerbate existing mental health problems abuse by staff. All prison staff must receive or generate new problems. There is training on recognising the signs of abuse evidence that some women form and grooming and prisons must encourage relationships in prison as a source of a culture where staff and prisoners are comfort and support. However, some encouraged to come forward if they relationships can become coercive or suspect abuse. abusive. Staff working with women in prison need training and guidance on how to A briefing paper on the healthy sexual support women, identify relationships development of children and young people between prisoners and recognise bullying. will be published by the Howard League The working relationships between prison shortly, and research conducted by the staff and women can be beneficial, however, Commission will be published in 2015. there is the potential for close relationships

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Book reviews

Just Emotions: Rituals of Restorative Justice by Meredith Rossner (Oxford University Press, 2013) reviewed by Ruth Jones

‘Just Emotions: differentiated ‘stigmatic shaming’ i.e. the Rituals of Restorative shaming of the offender and ‘reintegrative Justice’ considers shaming’; the shaming of the offence rather Restorative Justice than the offender and argued that the latter as a transformative could lead to reduced recidivism as the event by looking at offender feels able to express remorse and the rituals involved in feel valued as a person in this process. the Restorative Rosser argues that ‘reintegrative shaming’ is Justice conference vital for the Restorative Justice Process and and the emotions that that ritual through skilled facilitation can arise amongst mediates this. She goes on to say that this participants. process creates an ‘emotional energy’ in the Rossner first offender that can lead to behavioural defines Restorative Justice and gives an change including reduced recidivism. overview of how Restorative Justice Though her research does not look at long Conferences are deemed successful. In term outcomes specifically, she does argue doing so, she argues that criminological that ‘emotional energy’ is hard to sustain in theories in relation to Restorative Justice a society that uniformly uses ‘stigmatic and offending more widely; do not effectively shaming’. Thus public and some consider the role of ritual or link ritual to professional attitudes towards offenders emotions. Rossner highlights the ritual need to change to enable long term impact. processes that are embedded within the Rossner expresses her theory well in Restorative Justice Conference and posits this interesting book that uses case studies that these and the emotional responses to bring her discussion to life and relates the engendered by them “hold the key to theory to practice. Her empirical multi understanding, monitoring and measuring method research critically examines notions success” (p. 11) including ‘victim’ of what makes a Restorative Justice satisfaction and reduced recidivism. She Conference successful according to draws on existing literature and her own secondary data, conference facilitators and empirical research to evidence this, resulting her observation of ritual. She looks at the in a theory of restorative justice that is role each individual at the conference plays unique; not so much in looking at emotions in the process, briefly touching on gender as this has been done before (Grasmick & and stresses the importance of training Bursik, 1990; Nagin and Paternoster, 1993), skilled Restorative Justice Conference but in linking emotions to ritual within the facilitators in ritual and emotion as well as Restorative Justice Conference. facilitation skills and this is valid. Her Rooting her theory in the ideas of findings contribute to existing knowledge Braithwaite (1989) Rossner identifies the about Restorative Justice Conferences and influence of ritual on producing ‘reintegrative add to theory by focusing on ritual as shaming’. Braithwaite looked at the emotion symbolic interaction and this is interesting of shame in relation to offenders and and useful. By her own admission, however,

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her study is small in scale and heavily reliant Overall, I thoroughly enjoyed reading this on data from others, i.e. facilitators, and only book which is interesting and though written one Restorative Justice Conference is from an academic standpoint; makes observed (recorded). She does though offer discussion and findings relevant to practice. a number of possibilities for future research, This book will be on the reading list for showing an awareness of the gaps in her students on our new BA in Criminology at research. I would suggest that future the University of Worcester but I would research includes the application of her equally recommend it to postgraduate theory to different types of offences and students and practitioners. At the very least, considers the socio-demographic factors of this book will create debate about the offenders and victims to see how these Restorative Justice Conference process and impact on ritual and ‘emotional energy’. I the role of each person involved, but it also would also like to see a long term study has the potential to challenge perceptions of on how ‘emotional energy’ can be offenders and shape responses to them. sustained and if this does indeed lead to reduced recidivism. Ruth Jones OBE, Director, National Centre for the Study and Prevention of Violence and Abuse (NCSPVA)

Just Authority? Trust in the Police in England and Wales by Jonathan Jackson, Ben Bradford, Betsy Stanko and Katrin Hohl (Routledge, 2012) reviewed by Emma Smith

Fitting with its title, context of increasing debate and scrutiny Jackson et al.’s Just over police decision-making and Authority? provides a involvement with the 2011 riots, among critical examination of other events, and framed by psychological UK policing, focusing and sociological thinking. This extends to on some of the key the main contributions of the text, addressed issues and questions as: the main test to Tom Tyler’s procedural underpinning justice test out with the USA; the relations between development of a new theoretical definition police and the public: of police legitimacy; an exploration of the trust, legitimacy and social ecology of trust and legitimacy, and cooperation. It is an examination of the relationships between within the context of trust, legitimacy and cooperation, and this relationship that Jackson et al. situate whether these differ according to social their analyses. group and/or situation. From the outset, Jackson et al. The layout of the text is similarly clearly outline the overall purpose of their clear, demonstrating how and where study: based on findings from a large-scale chapters account for the methodology, empirical study (of the London public’s background, research findings, and perceptions, experiences and behaviours in implications drawn from the study. relation to the police), they aim to The main content of the book is well interrogate the issues of public trust in and written and articulated. Although largely cooperation with the police, and police empirical in form, the text is balanced legitimacy. The study is also contextualised throughout by a thorough consideration of from an early stage; located within the relevant-qualitative and quantitative

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approaches and concepts, for example: with police. Given this, Jackson et al.’s multilevel models of public trust in the conclusions tend towards a model of police police, and theories of police legitimacy. The authority based on fairness; as a means of text moves from a consideration of British harbouring people’s trust in and cooperation Crime Survey trends and trajectories over with police, and ultimately, shaping the twenty-five years that have been associated legitimacy of the police and justice system in with public confidence and interactions with the eyes of the public. the police, to the London-based study. Initial On the basis of this review, I would focus is on public trust in police and how it is recommend the text for its engaging defined and built – taking into account the content, and relevance within current effects of media, neighbourhood, and literature on the subject. It has the potential contact with police, with particular focus on for a wide readership, drawing as it does young BME men, and when public-police upon theory and empirical findings in an encounters are self-initiated (in the case of accessible way, to discuss a timely and victimisation). Police legitimacy is then significant topic in the form of public and examined, including a consideration of police relations. That there are important definitions, and the impact of factors implications to be gained from such including neighbourhood and public contact discussions, notably in terms of increased with police. The procedural justice model challenges for police where public support is underpinning and referred to throughout the lost or damaged, may also highlight the study is re-examined in the final chapters; innovative nature of this text. shown to be important more generally across social groups and contexts, as well Emma Smith is a PhD student at the as specifically in the case of young BME University of Stirling men, who have an antagonised relationship

Justice Reinvestment: Can the criminal justice system deliver more for less? by Chris Fox, Kevin Albertson and Kevin Wong (Routledge, 2013) reviewed by Andrew Neilson

For many people a new approach to criminal justice reform, hoping we might see rooted in the principles of JR. This book a reversal of two provides a timely overview of the success, decades of rising or otherwise, of JR approaches as we near prison numbers, the a new general election and the end of a justice reinvestment political cycle. (JR) movement has Justice reinvestment can be seemed a promising understood as a movement originating from route to lasting the United States, which seeks to find reform. In the run-up solutions for crime outside of the criminal to the last general justice system – ‘reinvesting’ money that election in 2010, two would otherwise be spent on incarceration substantial reports on holistic measures which can be broadly from the Commission on English Prisons described as crime prevention, or Today (set up by the Howard League for ‘prehabilitation’. In fact, as the authors Penal Reform) and the House of Commons discuss in detail, there is some dissent on a Justice select committee, both advocated for precise definition of JR and, in particular, a

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clear difference in both the history and underpins an understanding, and critique, of application of JR approaches in the UK how the momentum around JR – which compared to the US. At the same time, the culminated in the Ministry of Justice authors admit that at ‘the theoretical level, launching pilots under the regime of JR is underdeveloped.’ One interviewee for Kenneth Clarke – dissipated as the the book goes as far as to say that ‘three or government steadily conflated the four people will give you five or six movement with the notion of ‘Payment by definitions of what it is.’ Results’, eventually seeing the pilots Despite these challenges, the authors dropped by Clarke’s successor Chris usefully highlight three distinct elements to Grayling and the widespread roll-out of a JR, and deal with each in turn through centralised and utilitarian model of separate chapters: data analysis and justice commissioning that runs quite contrary to mapping at a local level; the application of the localist and holistic dimensions of JR. economic methods to analyse costs and Ultimately, the authors argue JR is potential savings; and, using evidence to ‘not a criminal justice intervention; it is more negotiate politics. a way of framing the issues under It is the last of these elements that consideration. At its core it seeks to answer has proved most attractive to those battle- the question has – indeed all societies have hardened individuals who survey the toxic – to address: is there a better way to deliver media-political mix which bedevils justice…There is no optimal intervention, but contemporary efforts at penal reform. Partly there is an optimal approach.’ While it is through its use of data and empirical hard to disagree with this assessment, evidence, and partly through its localised perhaps one reason why JR is currently focus, JR offers the hope that reformers losing out in these times of austerity is the might bypass partisan national politics, lack of clear definition around what it is and, engaged as it is in an ‘arms-race’ on crime perhaps more importantly, how it would and justice issues, in order to effect work in a country considerably more meaningful change at a more local level. centralised than the United States. By This has, to a degree, been the American contrast, Payment by Results offers experience and JR at the state level has superficially easy solutions for politicians undoubtedly played its part in the and policymakers – although we may yet resurgence of penal reform arguments from see those reforms founder on the the Republican Party and the Right on complexities they seek to evade. For now, Crime movement. Yet in the UK, the track however, justice reinvestment – and any record of JR in practice is not so much hopes for an approach more social and mixed as nearly non-existent. criminal in its approach to the application of The authors are particularly strong on justice – remains in abeyance. the application of economics in JR, emphasising the social justice aspirations of Andrew Neilson, Director of Campaigns, the movement as opposed to a narrower the Howard League for Penal Reform economics-based criminology informed by Rational Choice theory. This in turn

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Member profile Kirsten McConnachie

I am a research fellow at Lady Margaret Hall plurality is contained and the Refugee Studies Centre, University in a clearly of Oxford. My primary research project at identifiable space. present studies justice and governance More recently, I have systems among refugees from Myanmar in been investigating Southeast Asia, though my wider research similar questions – interests range from transitional justice to refugee-led legal anthropology. governance Much of my work to date has focused initiatives and the on the experience of refugees from Burma, intersections first those living in camps on the Thailand- between different Burma border and more recently in the legal orders – among refugees in urban wider south and southeast Asian region. settings. Living among a host society brings During more than five years’ research in refugees into daily contact with police and Thailand, I found that the refugee camps other authorities yet while they are actively were complex governance environments policed through law they receive little where refugees themselves played an protection from law. In this research I have important role in many aspects of been influenced by recent work in management, including the administration of criminology on the increasing centrality of justice. This was partly through necessity – criminal law in responses to asylum, through the government of Thailand had historically securitisation and ‘crimmigration’ policies. taken little interest in policing the camps – My work takes a qualitative, ethnographic but also reflected a deliberate preference for approach to investigating these policy localized methods of dispute resolution. trends, seeking to understand what such While the systems used were flawed, they policies mean for refugees and asylum were also viewed by camp residents as a seekers, and what kind of community-led legitimate and appropriate form of responses arise to manage their effects. governance. To the extent that informal My work focuses on the experiences justice systems in refugee camps have been of refugees in Southeast Asia but the acknowledged by policymakers, they have questions it is concerned with are of been seen simply as unsatisfactory universal relevance: what law means in substitutes for access to national courts. I complex societies, perceptions of legitimacy found that despite their limitations, the camp in the administration of justice, and the justice systems in Thailand played a vital potential contribution of local governance role in establishing norms and maintaining structures to wider protection and security order in very challenging circumstances. goals. These findings are discussed in detail in a I joined ECAN to become part of a book published earlier this year, Governing national network of academics and Refugees (Routledge, 2014). practitioners concerned with aspects of the One of the most striking aspects of criminal justice system in the UK, to stay the refugee camps in Thailand was the informed about current debates and influence of multiple normative orders, challenges in the UK context and to including Thai law, international human consider possible parallels and resonances rights law, and various cultural, political and for my own work with refugees in religious sources of authority. In camps, this southeast Asia.

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Guidelines for submissions

Style Publication Text should be readable and interesting. It Even where articles have been should, as far as possible, be jargon-free, commissioned by the Howard League for with minimal use of references. Of course, Penal Reform, we cannot guarantee non-racist and non-sexist language is publication. An article may be held over until expected. References should be put at the the next issue. end of the article. We reserve the right to edit where necessary. Format Please send your submission by email to Illustrations [email protected] We always welcome photographs, graphic or illustrations to accompany your article. Please note Views expressed are those of the author Authorship and do not reflect Howard League for Penal Please append your name to the end of the Reform policy unless explicitly stated. article, together with your job description and any other relevant information (e.g. other voluntary roles, or publications etc.).

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