Changing Prisons, Saving Lives,
the report of the independent review of self- inflicted deaths by young adults
in custody gives a refreshingly honest if depressing account of the realities
of prison. It rightly damns “grim environments, bleak and demoralising to the
spirit”, questioning whether penal establishments need to be as harsh and
comfortless as young people find them to be.
Rightly the report argues that life in prison
should approximate as closely as possible the positive aspects of life in the
community but it confirms the yawning gap (illustrated in most Inspection
reports) between what is supposed to happen
and what actually does. In one symbolic respect, even what Prison Instructions require
- that prisoners are afforded a minimum of 30 minutes in the open air daily- fails
to meet the best known international norm
of an hour’s fresh air a day -something which is managed in many much less well-resourced
prison systems around the world.
So what are the prospects of Harris's 108 recommendations being accepted and then implemented? Originally the
intention was apparently to publish a government response alongside the review
report but its easy to see why that option was ditched. At least one of the MoJ
ministers Dominic Raab wrote in 2011 about the unwelcome belief that prisoners
should be treated in prison in a way that reflects the normal life of freedom
that all citizens generally enjoy. He and his co-authors of were “not ashamed
to say that prisons should be tough, unpleasant and uncomfortable places”. If Gove
or Andrew Selous shares those views, they would have been given more than a
pause for thought by the recommendation that following each self-inflicted
death in custody, the Minister for Prisons should personally phone the family
of the prisoner who has died to express their condolences on behalf of the
State and to promise that a full and thorough investigation will take place,
and that any lessons from the death will be studied and acted upon to avoid
similar deaths in the future.
Even if Gove took a more
sympathetic stance, many of the recommendations have pound signs all over them
and with the MoJ looking to find another £250 million savings this year, the calls
for more and better trained staff will be seen as unaffordable. The report is right to say of course that a
reduction in the prison population will enable prisons to provide better
conditions and regimes. But Gove is probably aware of what happened to Kenneth
Clarke when he sought to bring the prison population down. He went down with it. The MoJ will consider the recommendations “carefully
and respond to the report in the autumn”.
What’s the likely outcome
then? In a chapter in a forthcoming book on the management of change in
criminal justice, I look at the impact of three previous inquiries- Woolf’s
Strangeways report, Lord Keith’s inquiry into the murder of Zahid Mubarak and the Corston review of women’s
imprisonment. The conclusion was that they all resulted in important improvement
but in each case the most important recommendations were not accepted. In the
case of Woolf , the government refused to place strict limitations on prison overcrowding; in Keith ,
the prison service never properly reviewed whether the advantages of holding
young offenders on the same wing as adult offenders outweigh the disadvantages;
and Corston’s radical vision for small
prison units for 20-30 women was never taken
up . Nor was her call for prison to be reserved for serious and violent
offenders who pose a threat to the public. I argued that without these central recommendations,
the chance of radical change was scuppered.
If the Harris review goes the
same way, we may well see action on many of the welcome technical recommendations for preventing
and reducing self- harm and suicide and even some changes to inspection and
monitoring. But the two central arguments may not find favour; first that more
vulnerable young adults should be kept out of prison and second that we need a
new statement of purpose emphasising the centrality of rehabilitation. Without these, it will be a case of unchanging prisons and losing lives.
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