A Game of Two Halves

When Justice Secretary Robert Buckland finally overcame technical glitches to give his sentencing speech at the Centre for Social Justice, it was like watching a game of two halves. Not surprising perhaps as the White Paper he was launching seeks to strike a balance between “making sure the public are safer from harm and, at the same time, ensuring offenders have the right opportunities to change their lives”.

He galloped through the more punitive reforms already trailed at the weekend, the dismal justification for which amounts to little more than the public “want to know that when serious and violent offenders go to prison, that’s where they’ll stay for as long as possible”.  He added a couple of other  gratuitous ideas  – potentially longer terms for children receiving Detention and Training Orders and trying to ensure courts impose more mandatory minimum jail terms for repeat offenders.  

More interesting,- not least it seemed to Buckland himself - were some of the “smart” measures he  went on to outline – more treatment options for people serving community sentences, an “empowered” probation service and reductions in the periods after which some sentences can be considered spent for the purposes of criminal record checks.  Tighter criteria for remanding children to custody are very welcome, so too a greater use of deferred sentencing to provide opportunities for accessing help with problems or taking part in restorative justice. Positive words about out of court disposals made a surprising change – though limiting police in law to just two types could have unintended consequences.  

There’s a nagging doubt that while the harder measures will definitely come to pass- legislation is expected next year - many of the smarter ones may not get beyond pilots or evidence gathering. Take Problem-Solving Courts, enthusiasm for which has waxed and waned for 20 years. This is at least the third iteration of pilots I can remember. They will have a harder edge this time round with immediate short custodial stays as a sanction for non-compliance with court orders – the so called swift and certain approach. But there’s a strong chance that problem solving (like restorative) justice is destined to stay at the margins of the way we respond to crime.   

In similar vein, Buckland rightly diagnosed the problem of people getting short prison sentences without courts seeing a pre- sentence report (PSR). His solution is not the obvious one - to require a PSR before custody can be imposed- but for further work to be undertaken “to build the evidence base”.  He spoke about neurodivergence – conditions such as autism and dyslexia –as “something that is very close to my heart”. But the White Paper proposal is for a national call for evidence to improve understanding. That’s fine as start but will it go anywhere beyond that?

In the meantime, the impact assessments (IA) published alongside the White Paper- always worth reading- show the likely consequences of the longer spells in prison- an increase in the adult prison population of 600 and the child custody numbers of 50.  These don’t include the effects of tightening up on minimum mandatory sentences for certain repeat offences, nor of any knock on sentence inflation which may result.  

With refreshing honesty, the IA also points out that longer time in custody may strain familial and community links, could limit offender motivation for re-engagement in rehabilitation, and ultimately increase the likelihood of re-offending.  It also risks increasing prison instability, overcrowding self-harm and violence.

That’s one reason it’s so important that the non- custodial measures in the White Paper work. Of course, the more "robust" they become, the more they can act simply as an ante-room to prison. 

As they say, in the end, it’s the hope that kills you.