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The recent reforms to the probation service were examined in the BBC Panorama programme ‘Out of Jail: Free to Offend Again?’ The title of the programme struck me with a clear sense of ‘we told you so’ given the warnings and concerns raised by those working within the probation service and colleagues in criminology departments. Just look at #faillinggrayling on twitter – there you can chart the anxiety as the reforms were proposed and then implemented.
The programme began with the case of Connor Marshall who on a night out with friends was attacked by a stranger, David Braddon who had a history of violent offending, along with alcohol and drug misuse. Sadly, Connor died in hospital a few days after the attack and then, the details of David Braddon’s circumstances were revealed, during the review into Connor’s death. David was on probation, under the supervision of ‘Working Links’, a private consortium who took over running of probation for most of Wales, under the new Transforming Rehabilitation (TR) arrangements in 2015. TR promised radical reforms which would privatise the probation service for low and medium risk offenders, with high risk offenders still being managed under the National Probation Service (NPS). Ian Lawrence, General Secretary of the National Association of Probation Officers (NAPO) spoke on the programme about how they warned the government about the risks, due to the extensive re-organisation, costs to the taxpayer and crucially, the impact on public safety. In addition, an internal memo from the Ministry of Justice (MoJ) gave explicit warnings about the danger of the TR failing, citing that an ‘unacceptable drop in operational performance which might lead to delivery failure and reputational damage.’
Connor’s case was described in the programme as an ‘early failure.’ The phrase reminded me of the cold and calculated response when we are told the casualties of war are ‘collateral damage.’ There was a sense of acceptance of failures, given the extent of the reforms. David Braddon had a catalogue of missed appointments and non-compliance, along with becoming increasingly withdrawn, all of which should have been flagged up by those supervising him, and action taken. This reminded me of another pivotal case in probation, which highlighted the impact of over-loading probation officers and not responding properly to those offenders who are clearly at risk and not complying with their supervision. In 2008, Dano Sonnex and Robert Falmer killed two French students in south east London, in a violent attack. The Serious Case Review, focusing on Dano Sonnex, revealed a catalogue of errors, resulting in part from caseworkers in probation being overloaded and inexperienced in dealing with someone with such complex needs as Sonnex. The fact that this occurred in London was worrying when the presenter presented the views of a whistle-blower, working for MTC Novo, a company who was now delivering probation services for low and medium risk cases in London. The premise of TR was that ‘Community Rehabilitation Companies’ (CRCs) would take on expanded caseloads from widening the net for supervision to those on short term sentences, where re-offending rates are particularly high. MTC Novo and Working Links are just two examples of new CRCs now responsible for low and medium risk offenders. The programme then examined the experiences of probation, from the perspective of a service user, probation officers and those involved in inspecting the service.
Sean Grant, out of prison and living with friends reported he had very little contact with MTC Novo, his first appointment took 3 weeks to set up after his release and he had no support to get stable housing in place. He also reported his view was that the service had not improved, compared to his previous contact, and later in the programme, it transpired he was at risk of recall, due to missed appointments which he knew nothing about. This was particularly galling since he had secured work and seemed to be doing everything he needed to do to prevent re-offending, albeit with little help from the probation service.
This experience chimed with the views then given by a ‘whistle-blower’ from within MTC Novo, who reported that the company was now employing fewer fully qualified probation officers, and his caseload had risen from 50 to 76, including some vulnerable offenders who were not getting the intervention they needed. They also cited the problems associated with not having time to build a rapport, with monthly meetings of 20 minutes, asking ‘how will you open up? I don’t know them, they don’t trust me.’ It seems the long held and valued principles of the probation service to ‘advise, assist and befriend’, already eroded by risk management and efficiency drives, were now being further undermined by TR. More worryingly, the probation service as an effective means to reduce re-offending was also undermined, when the same whistle-blower referred to an ‘explosion in re-offending’, including violent offences. For others outside London, probation had become a service which staff described as a ‘mess’ and time spent with clients had fallen from 15 to 2 hours a week, and was also characterised by division and in-efficiency.
Dr Lawrence Burke, Ian Lawrence and Dame Glenys Stacey all agreed that the calls for a rethink on TR were growing louder, the service was in danger of becoming de-stabilised and of putting lives at risk. This feels very much like reform which was imposed on a service which was functioning relatively well – not perfectly – but which is now facing significant issues, all of which were meant to be addressed by TR. The harrowing cases, while still rare events, can cite the failings of probation as contributing to the serious crimes which occurred and therefore, the key aim of the service, to protect the public, is not being met. The rising prison population and especially the continued use of short term prison sentences means the service will continue to be overloaded, while CRC managers continue to cut costs to keep solvent. Therein lies a fundamental problem – making a profit through the management of offenders is not viable, sustainable, advisable or safe. The probation service, much like the NHS, the police and other public services can deliver well and do good work when it is not diverted by concerns over cost savings and trying to deal with increasing workloads.
Senior Lecturer in Criminology
Sallek is a graduate from the MSc Criminology. He is currently undertaking doctoral studies at Stellenbosch University, South Africa.
Having spent the early years of my life in Nigeria, one of the first culture shock I experienced in the UK was seeing that its regular police do not wield arms. Unsurprising, in my lecture on the nature and causes of war in Africa, a young British student studying in Stellenbosch University also shared a similar but reverse sentiment – the South African police and private security forces wield arms openly. To her, this was troubling, but, even more distressing is the everyday use of most African militaries in society for internal security enforcement duties. This is either in direct conflict to the conventional understanding on the institutions involved in the criminal justice system, or African States have developed a unique and unconventional system. Thus, this raises a lot of questions needing answers and this entry is an attempt to stimulate further, thoughts and debate on this issue.
Conventionally, two spheres make up state security, the internal sphere of policing and law enforcement and the external sphere of defence and war-fighting. However, since the end of the Cold War, distinguishing between the two has become particularly difficult because of the internal involvement of the military in society. Several explanations explain why the military has become an active player in the internal sphere doing security enforcement duties in support of the police or as an independent player. Key among this is the general weakness and lack of legitimacy of the police, thus, the use of the military which has the capacity to suppress violence and ‘insurgence.’ Also, a lack of public trust, confidence, and legitimacy of the government is another key reason States resort to authoritarian practices, particularly using the military to clamp down civil society. The recent protests in Togo which turned ‘bloody’ following violent State repression presents a case in point. The recent carnage in Plateau State, Nigeria where herdsmen of similar ethnic origin as the President ‘allegedly’ killed over fifty civilians in cold blood also presents another instance. The President neither condemned the attacks nor declared a national mourning despite public outcry over the complicity of the military in the massacre.
Certainly, using the military for internal security enforcement otherwise known as military aid to civil authority in society comes with attendant challenges. One reason for this is the discrepancy of this role with its training particularly because military training and indoctrination focuses extensively on lethality and the application of force. This often results to several incidences of human rights abuses, the restriction of civil liberty and in extreme cases, summary extrajudicial killings. This situation worsens in societies affected by sectarian violence where the military assumes the leading role of law enforcement to force the return to peace as is the case in Plateau State, Nigeria. The problem with this is, in many of these States, the criminal justice system is also weak and thereby unable to guarantee judicial remedy to victims of State repression.
Consequently, citizens faced by the security dilemma of State repression and violence from armed groups may be compelled to join or seek protection from opposition groups thereby creating further security quandary. In turn, this affects the interaction of the citizenry with the military thereby straining civil-military relations in the State with the end result been the spinning of violence cycle. It also places huge economic burden with lasting impact on State resources, individuals, and corporate bodies and where the military is predatory, insecurity could worsen. The sectarian violence in Plateau State and the Niger Delta region in Nigeria where such military heavy-handedness remains the source of (in)security shows the weakness of this approach, and unless reconsidered, peace could remain elusive. Thus, now more than ever, this ambiguous (dis)order requires reconsideration for a civil approach to security in Africa.
Following the apparent growth in acid attacks the suggestion from Amber Rudd on a potential means of tackling the problem has all the markings of another knee-jerk policy that lacks careful planning and application. The proposal is to restrict the sales of corrosive substances and introduce new, specific legislation for possession and use of such substances against another person. The justification for these suggestions is based on the doubling of attacks between 2012 and 2016-17. Furthermore a 6 month review by National Police Chiefs Council (NPCC) report 400 acid or corrosive substance attacks between October 2016 and April 2017. The impact of such attacks is long lasting and without question, a horrific life changing experience, however is this reaction the right one for all concerned?
The plan to ban the sale of corrosive substances to under 18s in itself may be a sensible idea, if there is careful consultation on what substances are to be included in this blanket approach. A similar approach already exists with the sale of knives, tobacco and alcohol yet the extent to which these policies are a success is a moot point. Policing such an approach will also be considerably challenging because there is currently no clear outline of what the government intends to class as a corrosive substance. If the suggestions that bleach will be on the list then this may prove very difficult, if not impossible to police. Many of the corrosive substances being used today are household names readily available in most local shops and supermarkets, not to mention the internet. When purchasing items subject to restriction on the internet, the only check of age is you clicking a button to confirm it and maybe adding a date of birth, neither of which are particularly secure.
Taking this a step further the other suggestion is the creation of a new offence; possession of a corrosive substance in a public place. Such legislation is modelled on legislation already used to tackle knife offences and offensive weapons whereby a prison sentence of upto 4 years can be issues for possession, with intent to carry out an attack. However, why is such an approach necessary when perpetrators of acid attacks can already receive a life sentence under existing legislation. Is it because of the tremendous success of the approach taken to knife crime? Unlikely, if you consider the resistance by the judiciary to use such an approach which would inevitably lead to much higher prison numbers than we already have. In short, the ‘do it again…threat’ is highly unlikely to act as a deterrence when deterrence as a reason for punishment has long been questionable.
Is this another knee-jerk reaction to media hype? Evidence of another poorly considered policy response driven by political self-interest and the desire to be ‘seen to be doing something’. Many of these attacks have been linked to societies folk devils; youth or personal vendetta’s therefore rather than creating new policy, why not focus on existing measures using them to their full force and improving the services offered to the victims of these heinous crimes. Under existing legislations those convicted of an acid attack can receive a life sentences so why new legislation. Survivors also get a life sentence so surely the more appropriate response is to focus on victim’s needs (physical and psychological) rather than the creation of unnecessary legislation
Vehicles are lethal weapons, we all recognise that, particularly after the reminders given to us by the terrorist attacks across Europe. Every year in this country, there are more people killed on the roads than there are as a result of murder and yet people still drive on the roads like complete morons. It seems that driving cars, vans, and lorries brings out aggressive behaviour that to most would seem quite out of character. A good few years ago, the media castigated ‘White Van Man’, the drivers of white vans that displayed all the worst of driving behaviours, in particular positioning their vehicles aggressively so close to another vehicles’s rear bumper that they might as well have been sitting in the boot.
The shame of it is that White Van Man is now replaced by the general driving public. Gender and age seem to have no bearing on the manner of driving. Minor mistakes and indiscretions by other drivers are punished with blaring horns, flashing headlights and hand gestures more at home on the football terraces, although if you watched the recent England game, you might suggest on the pitch as well. Drivers barge their way past parked cars despite oncoming traffic and drive at speeds exceeding the speed limit. The dual carriageway that reverts to a single carriageway sees drivers racing to get ahead of each other determined not to let anyone into the now single file of traffic.
And yet, introduce a capable guardian, I borrowed the term from Felson’s 1998 Routine Activity Theory, and behaviour seems to change almost instantaneously; let me explain. The village I live in is fairly large and sits on the outskirts of a county town. The village is expanding rapidly and consequently through traffic can be quite considerable, particularly during school runs. This accompanied by pedestrians on narrow pathways and the gaggle of school children massing around the bus stop waiting for the bus to another village increases risk considerably. The road which meanders in and out of both semi-rural and urbanised space has a thirty mile an hour speed limit and the odd flashing sign that warns motorists to slow down. Not unreasonable given the volume of traffic and pedestrians and yet it has little meaning to drivers, including those carrying children in the car, who regularly exceed the speed limit. Dare to drive at thirty miles an hour and you will rapidly find cars sitting on your rear bumper itching to get by or aggressively getting closer and closer in an attempt to bully you into going faster. A slight glimpse of empty road sees overtaking manoeuvres more suitable to the Silverstone racetrack but accomplished by drivers who probably lack anything like the skill required. Demonic aggression and recklessness is the name of the game and yet the very same drivers will change their driving behaviour just a few minutes later.
About a mile from my village is a small hamlet dissected by a fairly busy road. The speed limit leading up to the hamlet is 40 miles an hour and the speed limit through the hamlet is 30 miles an hour. Watch vehicles traverse this stretch of road and you will see politeness, adherence to the speed limit and gaps between vehicles that would make the author of the highway code proud. Why such change in behaviour, you probably already know? Two somewhat insignificant, inconspicuous, despite the bright yellow paint, average speed cameras. Nobody knows if they function but they certainly work. It seems that altering driver behaviour is simply down to the presence of a capable guardian but it does beg the question why so many people have little regard for the law or their fellow human beings when they get into that driving seat.
As we are gleefully coming towards the start of yet another academic year, we tend to go through a number of perpetual motions; reflect on the year past, prepare material for the upcoming year and make adjustments on current educational expectations. Academics can be creatures of habit, even if their habit is to change things over. Nonetheless, there are always milestones that we all observe no matter the institution or discipline. The graduation, for example brings to an end the degree aspirations of a cohort, whilst Clearing and Welcome Week offer an opportunity of a new group of applicants to join a cohort and begin the process again. Academia like a pendulum swings constantly, replenishing itself with new generations of learners who carry with them the imprint of their social circumstance.
It was in the hectic days at Clearing that my mind began to wonder about the future of education and more importantly about criminology. A discipline that emerged at an unsettled time when urban life and modernity began to dominate the Western landscape. Young people (both in age and/or in spirit) began to question traditional notions about the establishment and its significance. The boundaries that protect the individual from the whim of the authorities was one of those fundamental concerns on criminological discourses. A 19th century colleague questions the notion of policing as an established institution, thus challenging its authority and necessity. An end of 20th century colleague may be involved in the training of those involved in policing. Changing times, arguably. Quite; but what is the implications for the discipline?
My random example can be challenged on many different fronts; the contested nature of a colleague as a singular entity that sees the world in a singular gaze; or the ability to diversify on the perspectives each discipline observes. It does nonetheless, raises a key question: what expectations can we place on the discipline for the 21st century.
If we and our students are the participants of social change as it happens in our society then our impressions and experiences can help us formulate a projective perspective of the future. Our knowledge of the past is key to supplying an understanding of what we have done before, so that we can comprehend the reality in a way that will allow us to give it the vocabulary it deserves. A colleague recently posted on twitter her agony about “vehicles being the new terrorist weapon,” asking what is the answer. The answer to violence is exactly the same; whether a person gets in a van, or goes home and uses a bread knife to harm their partner. Everyday objects that can be utilised to harm. A projection in the future could assert that this phenomenon is likely to continue. The Romans called it Alea iacta est and it was the moment you decide to act. In my heart this is precisely the debate about the future of criminology; is it crime with or without free will?
Recent months have seen a rebirth in drug related news stories, often linked to the death of young people or babies or the dealing of drugs by youth and gangs. This led me to consider the place of drugs in British Society, not in terms of their distribution, production, cost, but the reasons why illicit drug use continues to be prominent in UK society. There is plenty of research on this topic and considerable political commentary on the problem, however is drug use really a problem or are we simply more aware of illicit drug use and more open to discussing it? There are certainly arguments for both sides but neither address the reason why drugs are in our society and this led me to consider the speculative argument that cocaine use is increasing, or at least shifting to a newer market.
Cocaine, historically the drug of choice for celebrities and the wealthy is now spreading across society to a wider social demographic by why? The main argument produced by the ACMD is that there is a two-tier market based on purity, the more pure and thus more expensive continues to be used by celebrities and the wealthy but a less pure, cheaper version is now available for those less affluent. I don’t doubt the validity of this argument but I think there is more to this than simply price and purity. Historically, drugs that are now illegal were widely available and staple part of people’s daily lives helping to mask the harshness of life or facilitate their functionality within working and social environments. Has much changed? The political drive to make us do more for less is certainly evident in modern society as is the harsh effects of poverty and deprivation, both of which can lead to drug use, albeit these once legal substances are now illegal.
In addition, developments in technology and globalisation have significantly increased the pace of life for most people; we work longer hours to survive or because it is demanded of us, we juggle more commitments than ever before, we are expected to absorb and process huge amounts of information instantaneously all of which has sped up our lives to the point of sensory overload but are our bodies and minds really designed to cope with this long-term? When I was at university I studied during the day and worked nights so the maximum amount of sleep I would get in any 24 hour period was about 4 hours and this was broken sleep, usually between 4pm and 8pm. At that time the drug of choice was pro plus and without it, I would not have been able to sustain this lifestyle for three years. I’d like to say this was just a small period in my life that such actions were needed to follow my dream but the reality is that as the work-life balance blurs and demands on our time increase, time to sleep erodes and our bodies are not designed to operate well on minimal sleep. This naturally leads to the inclusion of stimulants in our daily lives to help us to function, whether that be caffeine or cocaine is a personal choice but potentially a necessary evil if we wish to survive.
That is not say that I condone the use of illicit drugs but that does not mean that I can’t see the potential benefits of such substances. There are numerous documentaries highlighting the use of uppers to stay awake and downers to sleep amongst the celebrity population whose lifestyles can be chaotic. The question is, has this chaos now spread to wider society as the cost of living increases and the political momentum for us to ‘do more’ continues to grow? If it has, then illicit drugs will remain a staple part of societies coping mechanism, whether that be too dull the harshness of daily life or enable us to survive in a changing environment.
Helen is an Associate Lecturer teaching modules in years 1 and 3.
Earlier this year, the Prison Service announced that the Core Sex Offender Treatment Programme and the Extended Sex Offender Treatment Programme would be withdrawn with immediate effect. Offenders in the middle of programmes would be able to complete, but no new programmes would start. No explanation was given. A new suite of programmes, focussed on building strengths for the future rather than analysing past offending, had already been developed but a gradual roll-out had been planned rather than a sudden switch. There were many murmurings among Parole Board members. Why the sudden withdrawal? How would sex offenders now be able to demonstrate that they had reduced their risk? Where was the evidence that the new programmes were any better? We suspected that there had been an unfavourable evaluation, but no one had seen the research.
The truth came to light via The Mail on Sunday on 25th June. There had, indeed, been an unfavourable evaluation of the Sex Offender Treatment Programme (SOTP). When compared to matched offenders who had not completed treatment, those who had done so were more likely to re-offend. The Ministry of Justice had withdrawn the programme but had not published the research. They finally did so on 30th June.
The decision to sit on the research was not helpful. The first information we received about it was filtered through the eyes of The Mail on Sunday. They claimed that “Prisoners who take the rehabilitation courses are at least 25% more likely to be convicted of further sex crimes that those who do not.” This is not true. Of the 2,562 treated sex offenders included in the study, 10% went on to commit another sexual offence. The figure for the matched untreated offenders was 8%. 90% of sex offenders, treated or untreated, did not reoffend within the follow-up period (average 8.2 years). But it is true that treatment made people worse. Two percentage points is a small difference, but with such a large sample size it is significant. The research is robust and well-designed. A randomised control trial would have been more robust, but the matched comparisons in this study were done thoroughly and every attempt was made to take account of possible confounding variables. You can read the study for yourself here:
and the Mail‘s interpretation of it here:
So why did treatment make offenders more likely to reoffend? At this stage we really don’t know. The authors of the research make some suggestions but they are only speculating. Perhaps talking about sex offending in a group setting “normalises” offending. Perhaps groupwork provides offenders with opportunities to network. Perhaps these programmes promoted shame in offenders which ultimately reduced self-esteem and self-efficacy and reduced the chances of building a positive and fulfilling future. The new programmes draw more from the desistance literature. They include much less offence analysis and are more focussed on building strengths for a positive future. They may be more likely to succeed but we will not know for several years until we have had the chance to evaluate them.
So where does that leave the offenders and staff who have worked hard on these programmes over the years? Sex offender treatment is expensive, tiring and takes a psychological toll on those delivering it. A prison officer once told me that delivering SOTP was the best and most fulfilling thing he had ever done, but also the most damaging. A couple of weeks ago, I was talking to a former colleague who used to run SOTP and we reflected, “Was all of that effort for nothing?” We have to take the research seriously, learn the lessons and move on. There is no denying the findings. But perhaps we shouldn’t be too hard on ourselves. SOTP was based on the best research available at the time. It was modified and developed over the years in the light of emerging research. It might have “worked” for some participants, even if it made others worse. We assessed and came to understand a large number of sex offenders. As a result of that work and this evaluation, we now have a better understanding of what might work to reduce reoffending in the future. Of course, there is an argument that all attempts at rehabilitation are futile, that people choose to behave as they wish and we should not try to manipulate them to change. But perhaps that’s a subject for another blog!