Discourse, Power and Justice

Discourse, power and justice ‘A timely, valuable and thought-provoking contribution to the emerging body of literature on the management of long-term prisoners in the UK, and on prisons and other organisations in the contemporary era of agency status, managerialism and privatisation.’ Alison Liebling, Institute of Criminology, University of Cambridge Discourse, Power and Justice is a distinctive and theoretically informed empirical study of the administration of the Scottish prison system. It is based on extensive research and combines theoretical innovation with detailed empirical evidence. The book is located at the confluence of two academic traditions and their associated literatures, socio-legal studies and the sociology of knowledge, which are combined to produce a novel theoretical framework. The authors focus on the activities of those who manage the prison system. They identify the most important social actors in the prison system, located both historically and comparatively, and examine their characteristic forms of discourse. A number of crucial areas of decision-making are analysed in depth, including decisions about the initial classification of prisoners, transfers between establishments and the allocation of prisoners to different forms of work. Another major focus is on the different forms and mechanisms of accountability, and the book concludes with an analysis of recent policy changes. Discourse, Power and Justice will be essential reading for both students and practitioners in sociology, social policy, criminology and law. Michael Adler is Reader in Social Policy at the University of Edinburgh. Brian Longhurst is Lecturer in Sociology at the University of Salford. INTERNATIONAL LIBRARY OF SOCIOLOGY Founded by Karl Mannheim Editor: John Urry University of Lancaster Discourse, power and justice Towards a new sociology of imprisonment Michael Adler and Brian Longhurst London and New York For Jonathan and Benjamin Bernadette, James and Tim In memory of Ruth First published 1994 by Routledge 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001 This edition published in the Taylor & Francis e-Library, 2002. © 1994 Michael Adler and Brian Longhurst All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data Adler, Michael Discourse, power, and justice: towards a new sociology of improvement/Michael Adler and Brian Longhurst. p. cm. —(International library of sociology) Includes bibliographical references and index. 1. Prison administration—Scotland. 2. Imprisonment—Scotland. 3. Criminal justice, Administration of—Scotland. I. Longhurst, Brian, 1956–. II. Title. III. Series. HV9649.S35A35 1994 365'.9411–dc20 93–46106 CIP ISBN 0-415-04237-2 (Print Edition) ISBN 0-203-20399-2 Master e-book ISBN ISBN 0-203-20402-6 (Glassbook Format) Contents List of figures vi List of tables viii Acknowledgements xi List of abbreviations xiii Introduction xv 1 Institutions, actors and trends in imprisonment 1 2 Discourses and discursive struggles 26 3 Classification: the core of the prison system 51 4 Transfers and careers: reinforcing classification 82 5 Regimes: the power of the governors and the marginalisation of other professionals 106 6 Petitions to the Secretary of State: handling requests and settling grievances? 137 7 The Prisons Inspectorate: monitoring regimes and improving standards? 159 8 The European Convention on Human Rights: protecting prisoners’ rights? 182 9 Recent developments in penal policy: towards enterprising managerialism 214 10 Conclusion: discourse, power and justice 239 Notes 248 List of cited cases 260 References 262 Index 273 Figures 1.1 The inner core of the prison system 8 1.2 The inner core and outer penumbra of the prison system 10 1.3 The politically accountable prison system 11 1.4 The politically accountable prison system in context 12 1.5 The criminal justice system as it applies to prisons 14 1.6 Simplified model of the criminal justice system as it relates to prisons 15 1.7 The location of penal establishments 25 2.1 Explanatory and interpretive arguments in ‘conservative thought’ 30 2.2 Characteristic features of three competing forms of ‘ends’ discourse 41 2.3 Different models of organisation and their distinctive characteristics 44 2.4 Characteristic features of three competing forms of ‘means’ discourse 46 2.5 Discourse matrix for the Scottish prison system 46 4.1 Referral of life-sentence cases to the Parole Board 97 4.2 Procedure for reviewing parole applications from life-sentence prisoners following a favourable recommendation by the LRC 101 5.1 Regime at Peterhead, 1986 108 5.2 Progressive hierarchy of prisons, 1987 111 Figures vii 6.1 Different characteristics of accountability in different means discourses 138 8.1 Administrative procedure followed in Scottish cases to ECHR 195 9.1 ‘Old’ discourse matrix 237 9.2 ‘New’ discourse matrix 237 Tables 1.1 Changes in the absolute and relative use of available penalties, 1897 and 1978 16 1.2 Prison populations in Western Europe, as at 1 September 1988 17 1.3 Prison receptions and mean periods of detention in 1988 18 1.4 Trends in average daily population and in receptions, 1970–88 19 1.5 Comparison of average daily population in 1971 and 1986 20 1.6 Changes in average daily population, 1984–8 20 1.7 Roles of prison establishments in 1987 22 3.1 Data relating to meetings of the National Classification Board, January 1985–June 1987 59 3.2 Decisions of National Classification Board, January 1985–June 1987 60 3.3 Disposals at five pre-Grand Design meetings of the National Classification Board, 1986 and early 1987 61 3.4 Recommendations and outcomes in twenty-seven initial classification cases at pre-Grand Design meetings of the National Classification Board 66 3.5 Changing composition of long-term prisoners over the period 1981–6—numbers in sample and percentages of those sentenced in the year(s) in question 70 3.6 Data relating to meetings of the National Classification Board, July 1987–December 1988 75 Tables ix 3.7 Decisions of the National Classification Board, July 1987–December 1988 77 3.8 Disposals at four post-Grand Design meetings of the National Classification Board, early 1988 78 3.9 Requests, recommendations and outcomes in thirty-six initial classification cases from three of the National Classification Board post-Grand Design meetings 80 4.1 Crimes and offences resulting in sentences of imprisonment (transfer data and careers data) 84 4.2 Length of sentence imposed (transfer data and careers data) 85 4.3 Prisoners’ ages (careers data) 86 4.4 Prison of classification (careers data) 90 4.5 Previous custodial sentences (careers data) 92 4.6 Backgrounds of prisoners classified for and held at different prisons (careers data) 93 4.7 Preliminary Review Committee decisions, May 1980–June 1987 99 4.8 Timing of PRC and LRC decisions 99 5.1 Employment in Scottish prisons, 1986–7 and 1988–9 116 5.2 Allocation and reallocation to work: cases observed at Local Induction Boards, 1987–8 119 5.3 Allocations and reallocations to work: outcomes in observed cases 123 5.4 Allocation to work: expressed preferences and LIB decisions 125 5.5 Work reallocations: expressed preferences and LIB decisions 126 6.1 Number of petitions received by the Scottish Prison Service, 1985–8 143 6.2 Incidence of petitions in each establishment in 1986 147 6.3 Largest individual categories of petitions 148 6.4 Distribution of petitions into composite categories 148 6.5 Relationship between recommendations and outcomes in transfer petitions 154 8.1 Numbers of individual applications to the x Discourse, power and justice European Commission on Human Rights declared admissible and non-admissible, 1955–87 186 8.2 Registered applications by country of origin, 1981–7 187 8.3 Frequency of cases, standardised by size of population 188 8.4 Registered applications from detained or interned applicants, 1955–87 189 8.5 Issues and outcomes in ECHR applications from prisoners in Scotland 208 Acknowledgements It is now almost eight years since we began the research on which this book is based. We have been given a great deal of help and support at every stage for which we are extremely grateful. We would first of all like to thank the Economic and Social Research Council for funding our research under its Crime and Criminal Justice Initiative and the Nuffield Foundation for a small grant which enabled us to complete the research when our ESRC funding came to an end. We would also like to thank the Scottish Office for supporting our proposal and, after some initial hesitation, for facilitating our research. We were treated exceptionally well wherever we went and would like to thank the officials (at the Headquarters of the Scottish Prison Service in Edinburgh) and the prison governors, industrial managers, education officers, social workers and prison officers (in many establishments throughout Scotland) for giving us access to files, for allowing us to attend meetings and observe them at work and for responding so frankly and informatively to all our questioning. We could not have hoped for better co-operation from those who assisted us in this way and would like to thank them for letting us into their world and helping us understand it. We hope that they will recognise the Scottish Prison Service in our account and feel that the assistance they gave us was put to good use.

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