Time after Time

 

There’s hope among reformers that harrowing BBC drama Time could trigger a much-needed rational debate about Britain’s prisons. If nothing else, a mostly accurate dramatisation of life inside makes the case for larger numbers of better trained prison staff, more humane day to day procedures and a major expansion of mental health care .

There could be a revival of interest in Restorative Justice – discussed on BBC Radio 4’s Today programme on 14 June and much more questionably, in rehabilitation programmes which expose young people at risk to the realities of prison and enable them to talk to serving prisoners. In the form of “Scared Straight”, these have proved counterproductive for young people, and the jury is out on the impact on offenders of being trained  to run intervention programmes with young people. (I understand none of these activities currently take place inside prisons in England and Wales) .         

But what about the elephant in the room- the increasing periods of time prisoners serve in prison? Is there any prospect that a debate arising from the series could slow down the seemingly inexorable rise in length of custodial sentences for serious offences and the growing proportion of those sentences which are served behind bars?  The average custodial sentence for all offences has increased by almost 40% in length over the last ten years.

The Police, Crime, Sentencing and Courts Bill now in Parliament will give effect to the Conservative manifesto pledge to “introduce tougher sentencing for the worst offenders and end automatic halfway release from prison for serious crimes”. But the Johnson government had taken steps even before the 2019 election to require the most serious offenders to serve a greater proportion of their sentence in custody in order, as they saw it, both to improve public protection and victims’ confidence in the administration of justice.

What was the evidence on which they based this change in policy? After all, the existing system of release at the halfway point for determinate custodial sentences had been endorsed by a comprehensive review and public consultation in 2010-11, “because it can enable effective resettlement and public protection”.  

Nine years on, a month after taking office Johnson purported to hold another sentencing review. But this time, there was no research and evidence paper, and no meaningful consultation. The MoJ claimed that “given the time constraints it has not been possible to undertake any formal public engagement, but we have conducted telephone interviews with some key stakeholders to give them the opportunity to give their views.” 13 organisations were contacted- neither judges nor the Sentencing Council were among them (and the Prison Inspectorate who were on the list told me they hadn’t in fact taken part). 

Nor was any report of the so-called review published. My efforts to require its publication reached the end of the road this month when a judge ruled that publication would present  a significant risk of undermining the confidential space needed by the MOJ to discuss and formulate policy in this controversial area. The judge took the view that “although it is interesting to know whether the policy adopted by the government is supported by stakeholders consulted, it does not seem to us that there is a great public interest in disclosing the policy document for that reason. It is very likely that in any event the policy formulation process leading to a White Paper and legislation will make it clear the path the government has taken and to which stakeholders it has listened (or not)”.

The judge is half right. It is clear who hasn’t been listened to- organisations which have pointed out that the change could lead to more crowded, violent and unstable prisons, more self -harm and  higher risks of re-offending- impacts the government has itself recognised as  “non-monetised costs”  (after they decided to go ahead anyway) .

But who has been listened to? Presumably, those who favour harsher punishment for its own sake and for its electoral appeal . Justice Minister Alex Chalk told Parliament last month that if people are to have confidence in the criminal justice system, they must "serve a sentence that reflects the indignation, anger and upset that we feel as a society on their behalf".

Contrast this approach with that of 2011, when to increase public confidence, the Government promised “to work with the Sentencing Council and victims’ groups to improve overall understanding of the sentencing framework and the construction of individual sentences”. 

Sadly, very little seems to have been done on that front and we are now faced with a second wave of penal populism. And for prisoners, a great deal more time as a result.