Thursday, July 21, 2016

Reform, unintended consequences 2
Prison reform is spasmodic and complex. This is part two of a brief examination of reforms which although were attractive on their face, were actually disastrous. Prison reform highlights the immutable Law of Unintended Consequences.
The idea wasn’t completely improbable. A small number of criminals commit a disproportionate amount of crime and generate high levels of social misery. If these people could be identified and imprisoned, then some significant social good would accrue. The mechanism chosen to enable this was a new sentence, Indefinite detention for Public Protection, the IPP sentence.
As it implies, this was not a sentence that delivered fixed terms of imprisonment. Rather, it was an indefinite sentence. It’s important to appreciate the nature of this sentence, which is bifurcated. The first part of the sentence, the tariff, is the amount of time that the person would have served if given a fixed sentence, the punishment for their crime. This may be measured in days, weeks, months or years. Once this period of time has been served the IPP prisoner remains in prison until and unless they can persuade the Parole Board that they are an acceptable risk to release.
At the time, questions were raised as to whether we require yet another variant of a Life sentence, which is what IPP is in essence. Already available to Judges was the Discretionary Life sentence, partly used to stop an escalating criminal in their tracks. It is now realised that most IPP were never liable to get a Discretionary Life sentence, as their crimes were not serious enough.
Indeed, we were meeting IPPs on the landings that had tariffs of mere weeks. They had a legitimate expectation of timely release. Us old hands quietly raised our eyebrows, tried not to disabuse them, and sat back to see how this fiasco would unfold.
The Government predicted that some 300 people would fall into the clutches of the IPP sentence. As the numbers crept into the thousands, IPP criteria was altered so that only those who would be given a fixed sentence of 2 or more years would get IPP. That is, the minimum tariff became 2 years. Even so, the Government’s projected figure of 300 rapidly rose to 6,000, as the Judiciary responded to the harsh political tone of the time.
Capturing and imprisoning people was the initial part of the IPP plan. Rehabilitation and release was the conclusion. And this is where the IPP sentence slid from being a minor political spasm into a major disaster.
Actually getting released from an indefinite sentence is a complicated matter (as anyone who followed my blog will appreciate!). Prisoners must demonstrate a reduction in their risk of reoffending to the Parole Board. This is done by completing psychological treatments known as Offending Behaviour Programmes.
Predicting the haul of IPPs would be around 300, the Prison Service wasn’t allocated extra resources to offer sufficient places on Offending Behaviour Programmes (OBP). With some 6,000 IPP joining the lists for OBP, the system simply couldn’t cope. Prisoners with 2 year tariffs could face waits of several years before they could access the needed courses. A logjam has developed, so that now most IPPs remain in prison after their tariff not due to any actions of their own; but simply because their route to release is so narrow and oversubscribed.
The IPP sentence became a shambles. At one point the High Court declared the situation so chaotic that it ruled IPP detention to be arbitrary and therefore unlawful (a judgement swiftly reversed on Appeal).
And there the situation remains. Thousands of men are stranded in prison simply because they cannot access the routes to release. The Parole Board is overwhelmed. An attempt to capture prolific offenders has become a moral and political cancer, a festering wound on Justice with no end in sight.
A report from Labour’s Social Exclusion Unit asserted – on fragile data – that most prisoners were functionally illiterate and innumerate, which has a significant impact on reoffending. The policy that followed aimed to remedy this deficiency by directing the resources of prison education to inculcating basic skills.
Prior to this rearrangement, education in prison was often eclectic. English language at one end of the corridor, politics and philosophy at the other, and all instructional ports in between. These were the days when I was able to complete my O Levels, A Levels, and my undergraduate degree.
No longer. The focus on basic skills took place at the expense of breadth. In this truncated system, education is driven by targets, and an illiterate prisoner can pretty much exhaust all offerings within a couple of years. What was a flowering tree is reduced to a fragile branch.
With a background of ever increasing sentences, the limitation of funding to basic skills has a devastating effect. Prisoners find themselves abandoned by the education system once basic competence is achieved. This flows from a logical error in the Social Exclusion Unit report, which notes illiteracy rules prisoners out of most employment on release. Whilst true, it assumes that literacy is a sufficient condition for employment. It isn’t. Literacy is necessary, but not sufficient in itself. And yet, it is at this point that educational resources become extremely meagre.
Tens of thousands of prisoners have been stranded, abandoned just when they are ready to embark upon serious education. An effort intended to increase education and better employment chances has had the unintended consequence of limiting education to those who genuinely desire it.

The search for effective means to reduce reoffending can only be a laudable one. In theory. In practice….
The mid 1990’s saw an explosion of psychologists in prison, and they quickly became the most despised of staff. The government had noted the birth of psychological treatment programmes in North America, and unveiled the “What Works?” agenda. As implied, this was meant to be a thorough examination of the potential for policies to cut reoffending. Alas, this inquisitorial approach swiftly saw the “?” fall into a chasm, with “What Works” becoming highly specific – it was decided that cognitive psychological treatments were the path forward.
A generation of forensic psychologists descended onto prisons and swiftly became the gatekeepers to release, particularly for Lifers. Courses included Thinking Skills, Anger Management, Violence Reduction and Sex Offender Treatment. Release without undertaking various courses became nigh on impossible (I never did a course, the Parole Board noting that “there aren’t any courses for being awkward”).
These courses became Holy Writ. And as such, funding them became a drain on other areas. Specifically, there was an overwhelming collapse in the provision of Trades training and courses. What was once a thriving sector spanning bricklaying to light engineering has become a wasteland. Imbuing people with useful work skills fell to the wayside, trampled by the psychology hoard.
This enterprise has so far cost some £500 Million. That’s direct cost. Indirect cost must include the thousands of extra years of imprisonment prisoners serve waiting to complete these courses.
The result of this agenda, which has been running for some 20 years now, has been negligible. The programmes continue.
It should be appreciated that reform is a complex and uncertain effort. Many good ideas are actually rotten.

Monday, May 2, 2016

Penal Reform and Unintended Consequences

Part One

There are many types of prison reform. Some efforts result from a political spasm in the face of tabloid populism. Some flows from great strategic changes following a crisis. On rare occasions, changes flow from an understanding that prison is a rather rubbish way of dealing with any problem.

And even the briefest glance at penal history reveals that all criminal justice reforms contain within them a ticking time-bomb – the Law of Unintended Consequences.

Short, Sharp Shock
The early, heady days of Thatcherism were a truly different place in many ways. One echo of our times, though, was the presence of a media created and driven moral panic. In the early 1980’s, amidst inner city riots, the popular panic was a fear of “feral youth”. Merely stepping out of your front door was bound to end with a mugging. Most likely by a Black teenager. Or so the tabloids were having it.

And Home Secretary Willie Whitelaw made the most basic of errors – he took the bait and began making justice policy as a response to media driven panics. He can’t be overly chastised for this, it is the usual pattern of Ministers with crime and justice.

The combined result of popular panic and an Old Duffer was the gloriously PR friendly “Short, Sharp Shock”. The old Borstal system was abandoned wholesale and replaced with Detention Centres. The aim seemed to be to treat criminally inclined kids with physical harshness. Education and training were replaced with gym circuits.
The end result of this policy spasm was a little empire that quickly sank into a quagmire of deliberate brutality.  It transformed indolent burglars into extremely fit young men with a grudge. And crime did not fall.

Drug Testing
On the face of it, prisoners should not be enjoying illegal drugs. I’m hard pressed to play the oppressed prisoner in the face of that simple statement. And yet...

Outsiders often fail to appreciate that each prison comprises a society, a warped microcosm of life on the Street. And drug use is a feature that permeates the walls, as drug users move in and out of the criminal justice system. For the majority of my captivity the drug culture centred on cannabis. Contrary to revisionist myth, the cannabis culture was a broadly accepted one in most prisons, with staff ignoring its consumption to varying degrees. A stoned prisoner is a happy prisoner – and a happy prisoner is one who isn’t going to present problems. A fairly benign equilibrium was in effect.

Michael Howard peered down from his office into this situation, and choked on his cuppa. Prisoners will not take illegal drugs! The policy was uttered, a big fat Manual printed, and a whole infrastructure of Drug Testing Suites, dedicated testing staff, legal procedures, laboratories... It was a bandwagon many in the Prison Service leapt upon. A quick tinkering of the Prison Act and Mandatory Drug Testing was born in the mid 1990’s.

Prisoners soon discovered the crux of the problem. Cannabis – its THC component -remains in the body to be detectable via urine testing for up to 30 days. The chances of actually continuing to use cannabis and not get caught was slim. This could have led to some interesting manouevres were it not for developments in the wider society – heroin. For many years heroin was viewed as a “dirty” drug, and its users viewed similarly. While not being unknown in prison, heroin was far from common on the landings.

As drug testing collided with the cannabis culture inside prisons, outside prisons there had been growing a larger number of heroin users. Heroin was becoming more socially acceptable (in some circles!). And these addicts were entering prisons in ever increasing numbers. Along with their cravings, they brought with them the solution to the “detectable for 30 days” problem.

Heroin can be expelled from the body in 2 days. The chances of taking heroin and remaining undetected by drug testing was a seemingly attractive one. As time has passed, the availability of cannabis has collapsed, as prisoners shifted towards heroin (and of late, New Psychoactive Drugs). The number of new addicts created is not known; nobody cares, no one asked. The crimes they went on to feed their addiction, countless.

A vastly under-appreciated consequence of this War on Drugs was a tightening of general perimeter security and, more significantly, a huge transformation in the circumstances in which prisoners received visitors and struggled to keep their relationships alive. Prior to this wave of new security measures, domestic visits often took place in reasonable conditions (considering...). Staff were not intrusive and various intimate activities were ignored and policed by prisoners (“not in front of the kids!”).

The drug war destroyed these conditions. Staff became massively intrusive, CCTV in visits became ubiquitous and it was a rare visits session where staff failed to see something suspicious and pile mob handed upon a family. Physical contact is massively restricted. The result has been that as the prison population nearly doubled, the number of domestic visits has almost halved. Needless to say, family support is one of the major factors in reducing reoffending.

For nearly 20 years the drug testing policy has actively fostered a drug culture dominated by heroin. Savagely addictive and morally corrosive, tens of thousands of new muggers and burglars have fell into its grip. And then re-entered society to add to the 10 Billion pounds a year bill and immeasurable human misery that follows reoffending.

This miserable failure of a policy continues.

Part 2 – IPP, Education and Offending Behaviour Courses

Tuesday, March 15, 2016

The Power of Ministers To Reform Prison

Standing on the prison landing in 1997, one of my friends was jiggling with glee at the prospect of a Labour victory. It was a wishful hope at the time that Labour would reverse or halt the privations heaped on prisoners. I was more cynical – for a year I had watched Jack Straw in Opposition try to out-Howard Michael Howard in terms of tough talk. I was sadly right.

Every leader finds themselves drawn to make comments about penal reform. Rightly, of course; criminal justice is a fundamental part of the State’s purpose. And Blair made his ringing assertion, to “be tough on crime, and tough on the causes of crime” – and promptly passed the whole mess to Straw. Who happened to be utterly weak. The legacy of Labour ‘reform’ was the IPP sentence, which has stranded thousands behind bars; and the order that no activity should take place in prison which doesn’t have public support – which handed the daily running of prisons to tabloid editors. The apogee of this risible outlook was the Chancellor of the worlds 6th largest economy taking time out to personally veto a pay rise for prisoners of 50p per week. This was the sum effect of Blair’s ringing declarations.

Any political fool can, and often does, mutter aspirational statements around prison reform. Quite what any of them mean by “reform” is usually left unspecified. What prisoners would call reform is usually far from any politicians view. A brief canter through the years suggests that penal reform is, at best, petty meddling and at worst blatant neglect.

It was my lot to begin my sentence at the start of the Thatcher years. Willie Whitelaw, “short sharp shock”, Detention Centres. It was a time of tabloid panics over “feral youth”, and Whitelaw took the bait. His response was to create a system for dealing with young criminals which saw them being trained to be fitter and stronger, whilst brutalising them. An utter failure by any measure.

Despite a blizzard of announcements and Criminal Justice Acts, the Tories actually propagated no policies which impacted the lives of prisoners until they were dragged to face the carceral shambles by the riots of 1990. The resulting Wolff Report was astonishing for several reasons. Most notably, the Inquiry took the novel approach of actually asking prisoners why they rioted? The Wolff recommendations were utterly sensible, and fell into the urbane hands of Douglas Hurd.

A resulting White Paper declared that “prisons are an expensive way of making bad people worse”. Alas, Hurd moved on and the air of optimism – that all things were suddenly possible – quickly dissipated. Few of the Woolf Recommendations were actually implemented. A moment ripe for reform was squandered.

The vastly more robust Michael Howard hove into the Ministerial chair, and was apparently outraged at the sheer negativity of his officials. The mantra “nothing can be done” did not sit well with the Minister. The results of Howards efforts still remain – the daily regime and control mechanisms that are every prisoners lot today is essentially the one created by Howard.

Why so? Why are prison regimes been largely left unchanged in its fundamentals over the past 20 years, despite the efforts of those who followed after Howard? It was Howards  fortune to go head to head with an ever intransigent Prison Service in a period of crisis. This is hugely significant. The escape of IRA from Whitemoor and High Security prisoners from Parkhurst put HMP firmly on its back foot, and Howard used this weakness to impose his policies.

This is not to deny that Ministers can have no effect unless there is a background crisis. Labour fiddled with bits of reform, mainly of a negative type in kneejerk reactions to media criticism. Always a sign of a weak Minister, and weak Ministers get rebuffed by the criminal justice system.

A return to a Tory government  saw Ken Clarke and his emollient noises, none of which became a concrete reality. And then Grayling. Ah, where to begin...? A forceful Minister but lacking any strategic vision. Whereas Howard imposed large sweeping changes, Grayling sniped. Is it really the business of a Minister what clothing prisoners wear in their first two weeks, or how many books they have? The only lesson to be taken from the Grayling period is that imposing negative reforms is far easier than imposing positive ones.

Which brings us to the present. Unlike Grayling, Gove isn’t fiddling with the minutiae of prison life. He is sensibly leaving it to prison managers to manage. Like Howard, Gove has a broader and more significant vision- but unlike Howard, Gove’s is firmly rooted in efforts to cut reoffending.
The question I have to ask is, is it possible for a Minister to impose a programme of reform on the Prison Service when there is no immediate crisis?

Monday, March 14, 2016

My View of Michael Gove

Whenever I mention the name Michael Gove within earshot of a teacher, their universal suggestion has been to bop him on the nose. It has to be said that I don’t pay much attention to education matters, so I am not sure quite what the poor chap did to upset the teachers. But upsetting a profession is not necessarily a bad thing; recall that Consultants had to have “their mouths stuffed with gold” to accept the creation of the NHS. 

My perception of Michael Gove is somewhat different from the teachers. – and counterintuitive. Several years ago my blog caught the eye of one of Gove’s constituents who, after sniffing around, thought that my continued detention decades over tariff was perhaps a tad excessive and unnecessary. The constituent collared Gove – then at Education – and the outcome was that Gove wrote to Ken Clark wondering if my detention should perhaps come to an end?

Hmm. A Conservative Minister taking the time to look at the case of a murderer, and not even a voting constituent. This caused some minor cognitive dissonance. My whole adult life had been controlled largely by a succession of Tory Prison Ministers, and my experience told me that they were a vindictive, petty and plain malign bunch. So why would Michael Gove give his pleading constituent the time of day...?

For me, this is crucial. There was nothing to be gained for Gove in intervening in my case. None. If the tabloids had known at the time, I’m sure they could have made some hay at his expense. There was no earthly reason for Gove to touch any of this with a bargepole. was the right thing to do. My release demonstrated that Gove’s view of my case was actually accepted by both the Ministry and the Parole Board. At the end of this episode, all I could conclude is that Gove stuck his neck out solely because he looked at the matter and was honestly persuaded that I had, in sum, done enough time. 

For a guy who had been royally screwed by Tory Ministers for 20 years, it took some persuading but in the end all I could conclude was that Michael Gove had taken the time and risk to do what he believed was right.

This is why I don’t write Michael Gove off as “just another Tory”.  It would be childish to be so blinkered. A Minister who does “the right thing” is a rare beast and one who should be encouraged. 

Thursday, November 5, 2015

Riding a bike for first time in over 30 years

Beating the Stats on Reoffending

Somewhere - never to be binned - there exists a risk assessment completed ahead of my parole hearing. OASys - Offender Assessment System - is the standard risk assessment tool used by Probation and Prison services. And it is utter cobblers.

It rests on an algorythm that analyses 8 pieces of biographical information. With a statistically sufficiently large group, it can be seen which biographical factors are best able to predict reoffending rates. For instance, the age of first imprisonment is a strong indicator.

The perceptive will have already noted two major problems. Firstly, the group who shares my particular biography must be tiny, if it exists at all. And secondly, resting on actuarial data means that OASys doesn't measure change. Attempts are made to address this by including clinical data - ie, staff opinions - but this subjectivity is itself fraught.

My OASys proffered the odds of my reoffending in the first two years at 53.4%. This number has always tickled me, because of that decimal point. Here we have two criminal justice agencies checking out their collective wits in favour of a mathematical model which claims to be able to predict human behaviour to two decimal places. That is risible on its face.

More problematically, the OASys Manual makes it crystal clear that these assessments are scores for the GROUP of people who share characteristics. It may well be that people with teenage convictions have higher reoffending rates. As a group. But to extrapolate from these group scores to individual risk is both statistical nonsense and very unethical. Because 53% of a GROUP with a shared characteristic reoffends does not mean each INDIVIDUAL in that group has a 53% reoffending risk.

So I have outperformed a flawed risk assessment tool that is improperly used to assess individual risk. I could feel prouder.

Monday, October 5, 2015

Prison Smoking Ban

So. Let’s ban smoking in prisons. Simple, innit? As ever with all things prison, it’s far more complicated. Somehow these complexities are overlooked.
The sole reason I can uncover for this policy is Health and Safety – the Prison Officers Association are complaining about the foul air their members must inhale while in cells. Which are the only places in prison where smoking remains permitted – even smoking in the open air is usually prohibited (giving the lie to the health and safety rationale).
However, when the national smoking ban was introduced several years ago, and smoking was restricted to cells in prison, procedures were put in place to address this concern. Staff were meant to give a heads-up shout to prisoners as staff were conducting daily cell-checks, so that prisoners could air out the cells. Just to be very clear on this point: procedures were put in place to address staff safety, but staff have never used these procedures. There is no need for any member of staff to enter a smoky cell – unless they allow it to happen. And they do. And in the face of this lazy whine, a total ban on smoking in prisons is planned.
Unlike tobacco in the wider society, tobacco in prison plays a huge role in prisoners’ lives. Tobacco isn't merely a diversion. It is the default prisoner currency, the standard unit of trade that all other commodities are valued against. As such, banning it would have the same social effects as if Government suddenly banned the cash in your wallet or purse. Sans tobacco, some other substance will become the default currency and the only candidate is heroin.
There will, of course, be bits of tobacco smuggled in. Realistically, though, tobacco is bulky and not very smuggle-able. Especially when compared to the size and value of heroin. And the main channel of getting tobacco from one side of the wall to the other will invariably be prison staff – the very group that the Prison Service prefers to think of as whiter than white.
With the current medium of exchange prohibited, waves of disruption will flow through the social structure. Those who "baroned" tobacco – burn, snout – will be worthless, their ability to calm a stressed prison gone. In their place will rise, to a more embedded level than currently, those who deal in the "powders". But tobacco barons have always been a stabiliser, a bank, a bureaux de change, will the flow of tobacco being largely consistent. Heroin, in contrast, leads to some prisoners wielding undue influence – "powder power" – but inconsistently. Supplies of drugs are far more uncertain and temporary, leaving the suppliers in a shaky socioeconomic position and as such as likely to prompt instability as anything else.
Tobacco is also used by the Prison Service as an intelligence tool. Every Wing Manager has traditionally had a few packets of tobacco to hand, to dish out to the passing casual informers. This will now end. On a wider scale, by tracking tobacco purchases from the prison shop – the "canteen" – managers have been able to discern economic activity. This activity is often tied to broader prisoner activities and can highlight the wheelers and dealers. A non-smoker buying lots of tobacco is obviously "up to something"! Whether this oversight of prisoners’ economic activity has ever led to more substantial intelligence is unknown; what is known is that this source of intelligence will now cease.
The practicalities of the ban are yet to be made known, probably to be developed as this policy is rolled out. It begins in Wales early next year. Whatever details are developed, all have to face the reality that nicotine is one of the most addictive of substances and prison is the last bastion of smokers. And 50,000 smokers deprived of their fix will be a fearsome thing.
Obviously, the Healthcare departments of each prison (now NHS run) should be stocking up on Nicotine Replacement Therapies, such as patches. The problem with all of these poor substitutes is that they have success rates lower than a rugby player with a lion on his shirt. As for E-cigarettes; these would be a perfect medium. Alas, E-cigs require chargers, which can also be used to charge illegal mobile phones. How the Prison Service faces this challenge will be interesting. What will be offered medically will be risible and not cull the cravings of the masses.
Banning tobacco, then, will have the key consequences of instantly dismantling economic structures which have stood for decades; will destabilise the social structure; reduce intelligence; tempt staff to smuggle; and throw social power into the corrosive and unstable hands of heroin dealers.

I can't think of a more damaging policy.

Tuesday, September 22, 2015

Whither Prison Reform - Part 1

I begin with the proposition that "prison doesn't work". This obviously presupposes the purpose of prison – a debate in its own right. However, in terms of reoffending and cost, prison fails. No other enterprise in human history with a 60% failure rate would be allowed to continue unchallenged, yet we appear to be singularly content with this monstrous rate of reoffending. And footing the bill for that perpetual failure.

Firstly, we should squarely address the issue of who we imprison, and for what crimes. Only then does the utility and cost of imprisonment become stark. In this Part, I will highlight Remand and Women prisoners.

Remand Prisoners. Over 48,000 people are remanded into custody awaiting trial each year. At any given moment, there are around 12,000 Remands (14% of the prison population).

A full 60% of these people are remanded to prison having being charged with non violent crime. Ten percent are outright acquitted, and a further 15% (15,000 people a year) are convicted but given a non-custodial punishment.

With the average annual cost of detaining a prisoner being around £40k, that we are remanding into prison so many people charged with non violent crimes must be questioned.

And where do we keep these Remand prisoners in the gulag? The uninitiated may not appreciate the varied nature of prisons, with categories going from Category A – High Security – to Category D, Open prisons. It is a matter of historical practice that the Prison Service places all Remands into Category B prisons – meant to hold people who pose such a risk that their "escape must be made very difficult". And Cat Bs are extremely secure, with escapes being rare.

But why place all Remands in such secure prisons? Because there is a direct correlation between security category and cost. Cat A prisons are the most expensive, Cat D the cheapest. Why place Remands, most of whom have comitted a non violent crime, into such a secure and expensive environment as Category B prisons? A quarter of a century ago, the Woolf Report made the recommendation that the default security Category for Remands should be Category C. Cat C prisons cost a significant amount less to run.

The Prison Service has ignored the Woolf recommendation, trampled over common sense, and continues to imprison those charged with non violent crimes in extremely expensive and secure facilities. If Remands were made default Category C, then tens of millions of pounds would be saved. The waste of the 25 years since Woolf must run into hundreds of millions of pounds.

Women prisoners are another anomaly, making up some 5% of the prison population (just shy of 4,000). It is truly remarkable to note that fully 82% of women prisoners are imprisoned for non-violent crimes. Nearly half of them are sentenced for theft or handling stolen goods.

It must be asked, why are we throwing non-violent women into expensive and secure prisons? If the Corston Report were ever implemented, the reality is that the number of women prisoners could be reduced by some 80 or 90% - with a resulting saving of  tens of millions.

In this first part of a series of posts I have made propositions which will save many many millions of pounds. In changing the structure of how Remand and Women prisoners are dealt with, whole prisons can be emptied, the social harms of imprisonment reduced, and the cost of the prison estate significantly reduced.

Thoughts please....

Reform - An Introduction

When even the Prime Minister suggests that the present shape of the prison system doesn't deliver and costs a fortune, then it could be believed that we are entering a period where the political machine may be open to significant penal reform.

This is not to over-state the possibilities, Reform can be argued for on several grounds, including utilitarian, ethical, and moral, none of which appear to be the force of our political masters. Rather, the political focus appears to be utilitarian and economic and I have focussed my thoughts around these issues.  This is not to dismiss or forget the broader grounds for reform.

What follows is a series of blog posts which explore the current organisation and policies of HMPS and highlight the positive changes that could be adopted and whose outcomes would be a lower re-offending rate, fewer victims, and a very significant reduction in costs.