Justice Secretary David Gauke told
MPs this week that he had tried out a GPS electronic tag
that had monitored his whereabouts for two days. The question is where he will
be after July 22- the date a new Prime Minister will be in place -and more
importantly what will become of his plans to reform sentencing.
On the abolition of short prison terms for most offences, Gauke
told the Commons “we are working towards having firm proposals by the
summer”. I read that as at best a White
Paper. At worst the proposals may not see the light of day.
Why? For one thing, it’s hard to see a traumatised probation service being able
to up its game in time. More importantly, a new Downing Street regime eager
to reclaim Conservative supporters from the clutches of Nigel Farage, may be reluctant about -or hostile to - a policy that can be made to look soft on crime.
Conservative
Home and Justice Secretaries have embraced a wide spectrum
of views over the years- with hardliners like Leon Brittan, Michael
Howard, and Chris
Grayling, as likely to forge penal policy as the more liberal Douglas
Hurd, Michael Gove and now Gauke.
Tory Prime Ministers have varied too in the interest they
have shown in criminal justice. Margaret Thatcher surprisingly let Hurd (with
his special adviser David Lidington) pursue a moderate Home Office
agenda, culminating in a 1991 Criminal Justice Act which aimed to reserve
prison for the most serious cases. By contrast, John Major’s desire to condemn
a little more and understand a little less gave a green light to Howard’s baleful notion that Prison Works- though
it was actually revisions to the 1991 Act by Ken Clarke- usually thought of as
a liberal - which started the punitive counter revolution. Cameron’s
attachment to prison reform was as superficial as it was hyperbolic-
something that
might be said of Gove’s tenure as Justice Secretary too.
Of the current leadership contenders, for what it’s worth,
I’d place Leadsom, McVey, and Raab -all
from the right of the party -in the punishment camp. with former prison
ministers Gyimah and Stewart, with Gove in the more rehabilitative tradition.
The others are harder to call. Javid looks a far from liberal Home Secretary
but has endorsed a public health approach to violence. Hancock,
though Health Secretary denounced that approach, seemingly
badly briefed. Hunt is socially liberal, though suggesting in 2010 that hooliganism played a role in the Hillsborough disaster raises questions. As immigration minister, Harper
piloted the “Go Home or Risk arrest Vans, which he apparently doesn’t regret.
What of the favourite? A
recent Telegraph piece by Boris Johnson promised a harder line, on serious offenders
than “our cock-eyed crook-coddling criminal justice system” currently provides.
Yet as London Mayor, he funded an interesting resettlement programme at Feltham YOI though then proceeded to overclaim its success.
Many factors influence a politician’s stance on crime as on
anything else. For good or ill, ideological preferences can be modified by short
term political calculation, affordability, technical feasibility even personal
experience. I’ve seen it suggested that Tony Blair’s tough approach to crime
was at least reinforced when his mother in law was the victim of a mugging.
It’s possible Johnson might allow a modest attempt to
reduce short sentences alongside a more restrictive regime on early release for
those on longer ones. Offsetting a positive reform with a crackdown elsewhere
would be nothing new.
40 years ago, Thatcher’s first Home Secretary William
Whitelaw tried to introduce a more generous early release scheme to reduce
prison numbers but is mainly remembered for notorious short sharp shock
Detention Centres.
Making prisoners
serve longer will lead to a potentially large increase in the prison population,
even if short sentences fall. This is what seems to be happening in Scotland
where despite a presumption against short prison terms, the overall numbers behind bars
have gone up. If something similar is the political price to pay for Gauke’s
reforms, they could prove something of a pyrrhic victory. Lets hope its not a price that has to be paid.
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