Young Adults in Custody- Time for Some Better Options

Recent years have seen a growing and welcome recognition of the need for a distinctive approach to young adults in conflict with the law. In January, the Lord Chief Justice, noting that “full maturity and all the attributes of adulthood are not magically conferred on young people on their 18^th birthdays”, ruled that the youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has achieved legal majority. But what about the implementation of those sentencing decisions particularly where they involve deprivation of liberty?

Paradoxically, the government looks set to get rid of the specific sentence of Detention in a Young Offender Institution (DYOI) for 18-20-year olds and the dedicated establishments where the order is served. Prison Minister Rory Stewart has informed the Justice Committee that instead of expanding these establishments to accommodate young people up to the age of 25 as the Committee has proposed , the government  will instead  “consider the continued utility of the DYOI sentence, given the changing landscape of the prison estate…. and explore whether a coordinated approach to young adults within the adult estate might supplement or replace this sentence”.

Successive governments have talked of scrapping DYOI on and off for the last ten years but consultations have come and gone without any clear decision either way. In the meantime the number of dedicated YOIs is down to three- Aylesbury, Deerbolt  and Feltham B, with the overwhelming majority of  18-20 year old men (and all women)  housed alongside adults in mixed establishments.  Recent inspections of dedicated YOIs have been poor  with successive Chief Inspectors reporting both on inadequate safety and dire levels of purposeful activity, even questioning the viability of institutions such as Feltham  being set aside for young adult prisoners.

But as an alternative,  can integrated prisons for those aged 18 plus provide a sufficient focus on the distinctive needs of young adults? Recent inspections suggest not.

 At Hull, while the prison had at least ended the unlawful practice of young adults sharing cells with prisoners over 21, “staff had little understanding of the impact of maturity levels on young adult behaviour and the prison had no specific strategy for managing the significant population of young adult prisoners.” At Wandsworth  almost three quarters of young adults said they had felt unsafe in the prison at some point and fewer than half said that most staff treated them with respect. At high security Woodhill, the fifty  prisoners under the age of 21  were dispersed across the prison. “Not enough was being done” to meet their  needs  and worryingly, inspectors had to repeat a recommendation that young adults located on the vulnerable prisoner unit should have a formal risk assessment and a plan to promote their safety on the unit.  

Young women may fare a bit better but in a rare oversight, last week’s largely positive inspection report on Styal women’s prison made no reference at all  to the small number of young adults there.

Today’s government response to the Justice Committee mentions a range of initiatives which might benefit young adults, but without great enthusiasm. HMPPS has for example “no plans to introduce a routine in-depth assessment of maturity.” Nor is there any sign of the evaluation of the six so-called Reform prisons (due in the summer) in four of which the government " were keen to establish where and how empowered governors can adapt their freedoms specifically to help meet the rehabilitative needs of this cohort of young offenders".

With so many  competing priorities in the prison estate, it is hard to see outcomes improving for young adults in the way that they need to.

Five years ago I argued in a report for the T2A alliance that we need to invest properly in age appropriate institutions  which provide constructive and purposeful regimes, therapeutic help and personal inspiration to enable young adults to put crime behind them. I suggested a Secure College model, shortly before the name was taken up for an ill judged proposal  for under 18's. Such an approach would need more funds; but resources currently spent directly on young adults in custody are less than half what's  spent on under 18’s.  With the number of 18-20’s in custody down to fewer than 5,000, there is a case for a bold initiative to develop something a lot better than the choices on offer now.