Tuesday, April 30, 2013 

Let's be beastly to crims (and dole bludgers).

It's the week of the local elections, which means it's the absolute opportune time to announce a new round of unpleasantness to those considered to be unpleasant.  Moving away from the usual targets, benefit claimants (on whom more in a moment), Chris Grayling has pounced upon the only people less popular with politicians, those convicted of crime rather than just deemed guilty of a moral one.

Out then go the old soft regimes where it was somewhat left up to prison governors how they operated the privileges system in their respective nicks, and in comes a new tougher scheme which seems focused on making the first two weeks in prison even more uncomfortable and depersonalising than it was already.  No longer will prisoners be allowed to wear their own clothes to begin with, have a TV in their cell (Ben Gunn says those on the basic level don't as it stands now; they also have to pay for them, contrary to popular belief), an increased number of visits or access to private cash; all must instead be earned.  Plenty of people will look at that and think that all sounds perfectly reasonable, and on one level it is.  The problem though is that it's the first few days in prison when those who are new to the experience are at their most vulnerable, both from other prisoners and themselves.  If the purpose of prison is to both punish and rehabilitate, then it helps no one if further avoidable harm is done to the individual at the very outset of their sentence.

As with so much of our policy on prisons, a little honesty and humility would go a long way.  Again, few are going to protest at prisoners being made to work a longer day, but they might if they knew there aren't enough jobs to go round in the first place, or what prisoners get in return for their labour.  There are a few schemes where they can earn in the region of £30 a week, although far more usual is pay of £4 to £10.  This is often work of the most menial kind, as a recent Howard League for Penal Reform report set out, and which hardly gives the kind of experience likely to impress employers on the outside.  For those who can't be found a job, they're likely to spend most of their time banged-up. While it's not explained exactly how prisoners can be stopped from watching TV in the daytime if they're on the higher privilege level and have one, what else are they expected to do? Read, if they haven't already finished those books they've got? Continue with any education programmes they're on, regardless of the lack of access to a tutor? Just kick their heels? Imposing boredom might be considered a punishment, but it brings with it its own set of obvious problems.

Nor do these changes take into consideration those who continue to maintain their innocence.  As admitting guilt is the first thing you have to do in order to take part in the rehabilitation programmes designed to prove your readiness to be released, those who refuse to do so will forever be stuck on the basic level, something that seems bound to lead to a legal challenge.  Then there are just the silly inconsistencies: prisoners won't be allowed 18 rated DVDs (they've long been prohibited items in medium or low security hospital wards), but will presumably be able to watch such films if they're shown on television.

The ultimate test of such changes ought to be whether they improve behaviour while in prison or decrease recidivism upon release.  One expects that studies will be established once the changes start in November to measure if this turns out to be the case.  Otherwise you could be forgiven for thinking the entire episode was designed as a purely populist measure to win a few votes during the traditional period of purdah.

Definitely not designed to win votes is the latest imposition on those without a job, a questionnaire apparently put together by the government's behavioural science unit, which must be completed on pain of the loss of benefits.  Those looking for work are presented with 48 statements, some of which are patently ridiculous ("I have not created anything of beauty in the last year"), and then asked whether they agree or disagree.  Any possibility this might help those lacking self-esteem or self-confidence is only slightly undermined by how the results at the end are largely identical regardless of whether you fill in the boxes or not.  For those worried about the creepiness of a test that bears more than a resemblance to the Oxford Capability Analysis carried out by Scientologists, it doesn't seem as though the results are recorded, which nonetheless isn't much of a reassurance.  Nor is it apparent what the point of it is, although that seems a perfectly adequate summary of the work of the "nudge" unit thus far.

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Wednesday, March 13, 2013 

Every day is like Sunday. (Or, how tabloid journalism continues to work.)

Friday 8th March:
Former prison officer Richard Trunkfield pleads guilty to misconduct in public office, admitting that he sold information on a "high-profile" inmate to the Sun for £3,350.

Wednesday 13th March:
The Sun publishes front page article claiming a prison officer announced over the tannoy that the "right honourable member for Wandsworth North" was to come and get his breakfast.  It also claims that Chris Huhne asked to be moved to the vulnerable prisoners wing after he was "badgered by cons for cash".  The paper's sources for both claims are "prison visitors".


Addendum: Carina Trimingham denies Huhne was either ridiculed on his first day in Wandsworth or that he has asked to be moved to the isolation wing.

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Tuesday, March 12, 2013 

Who breaks a butterfly upon a wheel?

Is it possible to not really know where to settle on the sentences handed down to Chris Huhne and Vicky Pryce? As others have said, it would ordinarily be absurd to send two first time offenders to prison for a crime in which no one else was harmed, nothing was stolen and where the only real victims have been the perpetrators themselves, who might not have lost everything but most certainly have done substantial if not fatal damage to their careers. It's also the case that giving high profile figures "deterrent" sentences isn't just manifestly unfair, it doesn't achieve its aim. If anything, the coverage of the case is likely to increase the numbers aware of how to swap driving penalty points and make the practice even more widespread.

This said, there's always something eminently distasteful about the way politicians and public figures tend to regard the offences their own commit, and the way they respond to crime committed by everyone else. There have been plenty of tributes to the pair, especially to Huhne, most ignoring that he kept up a lie for 10 years, only admitting guilt after his attempts to get the case against him thrown out had failed.  Perverting the course of justice is an extremely serious offence, regardless of the circumstances, or as Simon Jenkins claims, how the entire judicial system is built around lying. While the likes of the Mail have delighted in Huhne's downfall, it's been nothing compared to the way plenty responded to the bringing low of Jonathan Aitken or Jeffrey Archer. That politicians on the whole remain wedded to the idea that prison works all but demands that their misdemeanours should be treated just as harshly as those committed by those at the bottom of society.

You don't though have to feel any sympathy for Huhne or Pryce whatsoever to regard the entire case as a circus.  Justice Sweeney, as the Heresiarch argues, seemed to swallow the media narrative wholesale and did his very best to add to it. His judgement on Pryce was extraordinarily harsh, who while devious and complicit in the offence has been comprehensively screwed over by all those she thought she could trust, first Huhne, and then the Sunday Times and their remarkable disregard for her as a source.  However much we might recoil from the phone calls she made to Huhne in an attempt to get him to admit to forcing her to take the penalty points, it's worth recalling how Huhne told her their marriage was over: during a World Cup game, with his parting remark being that Pryce shouldn't talk to the newspapers. And with that, he went off to the gym.

One contrast to draw is the settlement reached today between George Monbiot and Lord McAlpine, where he has pledged to perform three years of charitable work rather than pay damages. Quite apart from how I fail to see how either Monbiot or Sally Bercow libelled McAlpine with their tweets, it seems a remarkably more productive if over the top way to pay penance.  The most obvious example of a politician attempting to make up for their failings is John Profumo (again, whether he had much to make up for at all is dubious), who spent 40 years doing various good works in the East End after his resignation as an MP.  On these terms, a lengthy period of community work would normally have been a perfectly fitting sentence rather than a prison term.

I say normally as this isn't a normal case, however much it ought to be.  The normal punishment for the offence of swapping penalty points does seem to be a short prison term, whether it seems the right one or not.  In line with this, it would have been perverse for Huhne and Pryce not to go to prison.  All the same, it just doesn't seem right, and to go against Simon Jenkins again, I don't think there has been any great public glee at their downfall.  Rather, it's been the media that's revelled in it, as though they're either making up for something, or preparing for what might be coming to some of their own shortly.

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Thursday, November 22, 2012 

David Cameron is duly invited to the vomitorium.

All things considered, there are relatively few things I find so anathema that they make me feel physically ill.  Coming from someone who was so often throwing up at one point that I was ironically nicknamed "sick", factor in I barely feel comfortable in my own skin at most times, and this is quite the statement.  Compare me to David Cameron for instance, who finds the mere prospect of prisoners gaining the right to vote so terrible that he gets the urge to purge, and it's apparent my constitution is positively cast iron.

Cameron is by no means the only politician moved to blow chunks at having to give the franchise to those currently detained at her majesty's pleasure.  Truth be told, I'd wager the vast majority couldn't care less or quite probably even privately support giving some behind bars the opportunity if they so wish to vote.  It's that this is something being forced on them by the European Court of Human Rights.  If there's one thing politicians can't stand it's being told that they have to do something, unless of course it's the Daily Mail or the Sun doing the ordering, in which case they immediately hop to it.  Combine this with how it's the European court saying we have to change the law, even if the ECHR doesn't have anything to do with the European Union, as well as how this is about the supposed human rights of those who some on the right feel should count themselves lucky they aren't given just bread and water and left with only a bucket to piss and shit in, and it's a no brainer.  If they can't pontificate about this at pompous length, just what can they hiss and moan about?

Sadly, like it or not, the government has to look as though it's at least starting the process of changing the law or the Council of Europe might start imposing a few tiny fines over our intransigence.  In reality it's not so much the Council the government's worried about as it is prisoners starting legal action demanding compensation for being denied their rights, something that will almost certainly cost far more than any fines from Europe.

In line with the deadline set by the ECHR expiring tomorrow, the coalition has then duly set out the earliest possible draft of its prospective legislation (PDF).  In clear defiance of the court is that one of the options available to MPs will be to vote against any prisoners gaining the franchise, with the other choices to extend it to those serving sentences of less than 6 months and 4 years respectively.  Since the last skirmish over these proposals, the legal situation has changed slightly, as the draft bill sets out.  The grand chamber of the ECHR found in the case of Scoppola v. Italy (No.3) that it wasn't necessary for the judge at the time of sentencing to specifically remove the right to vote from the guilty party.  It did however reaffirm the principle that a blanket ban was discriminatory, so the inclusion of the do nothing option in the draft bill is the equivalent of sticking two fingers up to the court.

As Joshua Rozenberg (always worth remembering Rozenberg is married to Melanie Phillips, so he must have had a really enjoyable past week) sets out though, the government does still have significant leeway.  The ECHR doesn't demand that the law be changed immediately; merely that they set in motion the process of altering it.  This it has duly done, albeit at the last possible moment.  Whether the eventual published bill will make its way to the statute book before the next election is therefore highly doubtful.

Nonetheless, by including the status quo option at all the government seems to be setting itself up for a fall.  If it had really wanted to make things difficult for the ECHR while still complying with successive rulings, it could have gone for an even shorter limit than 6 months; why not 3 months, or 4 weeks?  It may well be that the joint committee will subsequently reject the option of offering no change in the bill, but that seems unlikely considering the strength of feeling among MPs.  The thinking appears to be that as long as the issue is defined in law, regardless of how, the court will have to bow to the will of parliament.

Not only is this foolish considering the legal advice, it's at odds with the coalition's somewhat enlightened views on attempting to reduce the level of reoffending.  Only this week Chris Grayling announced that all those sentenced to a year or less would be given a mentor on release who would try to guide them away from a return to crime, a sound idea, albeit one that needs resources and ingenuity the government and its favoured private sector contractors tend not to have.  Recognising that cutting those serving short sentences off from society until the day they're dumped back on the street is damaging rather than beneficial ought to be the first step towards designing a rehabilitation programme that truly works.  By allowing those serving under a year to vote if they so wish would be a further sign that regardless of what they've done, they will shortly be a member of their local community again, with all the rights and responsibilities (ugh) that entails.  Plus, if it means David Cameron and Tory backbenchers heaving as they go through the division lobbies, that's an incalculable bonus.

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Thursday, October 27, 2011 

Clarke should resign and truly break the cycle.

The usual tendency in politics is to offer much before you win power, then to do very little, if not the direct opposite to that you promised once you're in it. Ken Clarke and the Conservatives seemed for a time to have got it backwards. Despite their manifesto making the usual noises on law and order, with mandatory jail sentences for those committing a crime using a knife and a pledge to "redevelop" the prison estate to ensure early release wasn't necessary again, Clarke was swiftly given the authority to almost completely ignore the hardback blue tome. Helped along by the cuts being made to his budget, Clarke quickly proposed measures that would have resulted in a drop in the prison population of around 6,500, while there were to be further sentence discounts for early guilty pleas.

As quickly as this surprise was sprung on us, it's been taken away. Clarke, it has to be said, didn't make things easy for himself. With the tabloids always likely to oppose even the slightest changes to a system they have had a major part in imposing upon us, he had to watch his every step and take a softly softly approach. His unfortunate performance during a 5 Live interview presented them with a massive open goal, which they took advantage of gleefully. Since then we've had the riots, and with so much else the government is doing becoming increasingly unpopular, Ken has been fighting a losing battle. First went his sentence discount plans and call for more community sentences, and now his opposition to mandatory terms with the exception of those convicted of murder has also been overruled.

Whether this has any connection to the battle between Clarke and Theresa May over that darn cat, or if indeed the apparent animosity had surfaced before then is difficult to tell. May has never really come across as a populist, so maybe it's simple cynicism: doing what the tabloids want in an attempt to get them to back off elsewhere. Certainly, Cameron could hardly have been comforted by the continual attacks from the Sun over his dropped promise on knife crime. To them, anyone carrying a knife is a savage, regardless of whether they're doing it out of fear or youthful stupidity, and so deserves to spend at least four months in prison. Rather than allowing a judge or magistrate to make their own decision based on the circumstances of each individual case, the government must intervene and take the matter out of their hands.

Clarke did at least fight his corner. Even on Tuesday he was arguing in front of the home affairs select committee that it would be a "bit of a leap for the British justice system" for the government to demand a court send a 13-year old first time offender to a secure home. Yesterday he was left to stand up in the Commons and announce that while he had managed to prevent that from happening, 16 and 17-year-olds would face a mandatory term should they use a knife or other offensive weapon to "threaten or endanger", which essentially means waving it around even if they have no intention of actually doing anything with it. The option of using restorative justice in such a case, or community service, something that might bring home to a young person both more effectively and cheaply the gravity of their foolishness is to be withheld. This is the exact kind of pseudo tough policy making that has failed us for the past 17 years.

Much the same is true, although less objectionably, of the proposed mandatory life term for those committing a second "most serious sexual or violent offence". Clarke himself said this would most likely only apply to those who commit two "probably near-murderous attacks" and only affect around 20 people a year, but this is much the same that was said about Labour's indeterminate public protection regime, with subsequently over 6,000 receiving them, many languishing in prison past their minimum term unable to access the courses necessary to prove they're no longer a risk. One thing to welcome is the abolition of IPPs, although this is also tempered by the proposed replacement, the extended determinate sentence. This looks to be the equivalent of a life sentence in all but name, with the difference being that parole can be applied for once two-thirds of the term has been served. Once released they will then remain on licence for up to 8 years, or 10 for the most serious offenders. One suspects this will shortly become the standard sentence for almost all "serious" offenders, putting extra pressure on the prison estate and then in turn probation (receiving heavy cuts) for possibly little overall benefit.

Apart from how these massive changes to current practice have been left to be inserted into the legal aid, sentencing and punishment bill as amendments at the very last minute, with no time for consultation, the most troubling thing for Clarke must be the effect they'll have on his actual prison reform programme. To be able to have any chance of reducing re-offending, prisoners must have access to the work, training and therapy programmes he's been proposing. This is next to impossible to provide when some prisons are forced through overcrowding to lock up prisoners for 23 hours a day. Without bringing the population down to a sustainable level, the whole cause looks lost.

When the Sun then asks where Clarke goes from here, with their suggestion being that his time is up, it's difficult to disagree even if it's for an entirely different reason to the one they set out. Why continue as justice secretary when he's clearly lost the support he initially had for thinking somewhat radically? He should resign now and let those truly responsible take the blame when the attempt to "break the cycle" miserably fails.

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Thursday, August 25, 2011 

In which I admit to talking crap redux.

One of the not so great spectacles of the last few months has been seeing those who should know better and those who have no shame variously passing judgement on Dominique Strauss-Kahn. It's one of those cases where you can safely say that individuals on all sides share guilt: those in France, whether they be the philosopher buffoon Bernard-Henri Levy who sprang to DSK's offence in the way only a puffed up windbag can, or the others who assumed guilt based on DSK's only now reported serial womanising. Unfortunately, we can't even feel desperately sorry for Nafissatou Diallo: besides her lack of reliability as a witness based on dishonesty over her past, she was advised abysmally, as exemplified by the exclusive interviews she gave which only undermined her case yet further. In an ideal world, she would have had her day in court and a jury would have decided whose version of events to believe based on all the evidence. This is not an ideal world.

Deciding who's guilty and who isn't based on media reporting, or worse, on someone's past record, is daft. In the spirit of DSK then and in the second sort of mea culpa of the week, the acquittal of Learco Chindamo is welcome and refreshing news. Chindamo had not only been charged with the robbery of a man at a cashpoint, only four months after being released on parole, having served 14 years for the murder of the headteacher Philip Lawrence, it was also alleged he had intimidated the man by referring to the murder, something which suggested all those who had testified as to his changed, remorseful nature had been misled. OK, I didn't pass judgement based on his arrest, having believed such accounts, but all the same I felt the need to draw further attention to it before justice was done.

In a way, it does in fact show just how the justice system works when someone sentenced to life and released is then accused of a further crime: Chindamo has spent the entire time since he was arrested back in prison, and three previous trials collapsed for various reasons before he was finally acquitted yesterday, when it's unlikely the Crown Prosecution Service would have felt it was in the public interest for such expense and time to be spent trying a relatively minor crime had it involved those without such serious prior convictions. He will now have to go in front of the parole board again before he can be released, something unlikely to be a formality. As Frances Lawrence said, it can only be hoped that he has a happier, calmer and more productive future ahead of him.

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Tuesday, June 21, 2011 

And yet again, the tabloids win.

Who could possibly have wanted to be Ken Clarke over the past few weeks? At least when John Reid, David Blunkett or Jacqui Smith found themselves in the temporary eye of a tabloid storm over crime it was primarily a result of their failing to live up to the very image they had courted of themselves as common sense, salt of the earth hard liners, in tune with what the editors of the Daily Mail and Sun said was the prevailing public attitude towards criminals. He was certainly foolish to not quickly clarify his comments on rape, even if he was mainly responding to the utterly inaccurate claim that rapists could end up only serving 15 months of a sentence in prison if they pleaded guilty at the earliest possible opportunity under his proposals. Almost completely unreported went the meeting he had with Gabrielle Browne, the woman he spoke to on the initial 5 Live interview, who accepted his argument once he set out how the policy was part meant to prevent victims in the future from going through the additional trauma she suffered in court.

As it turns out, Clarke's real adversary hasn't been the tabloids but David Cameron. Having allowed Clarke to set out his reforms to the criminal justice system in last December's green paper, optimistically titled Breaking the Cycle, he's abandoned him at the last minute. This is becoming a habit of Cameron's: he's done it in quick succession to Caroline Spelman, Andrew Lansley and now his justice secretary. On each occasion the policy has passed through the cabinet, been given the apparent go ahead, and then the individual minister has been left to take either the entirety of the blame or almost all of it. On selling off the forests and reforming the NHS the "u-turns" have delivered slightly better, if still highly flawed policies; the exact opposite is the case this time round.

Indeed, there's few individuals or interested parties who believe that we can carry on locking people up at the rate we have ever since Michael Howard made his infamous declaration to the Conservative party conference. Those few include Michael Howard (natch), the Tory right, certain sections of the Labour party who still believe fervently in triangulation, and the right-wing press. Not only does it cost an astonishing amount of money, with £45,000 being the often stated cost of a year's imprisonment (the Prison Reform Trust's Bromley report agrees (PDF)), it only works in the sense that it contains the relatively few who need to be locked away either permanently or for long periods to protect the public and gives a temporary respite to communities from those other few who commit a majority of the "low-level" crime. It punishes, but it doesn't rehabilitate. It fails miserably in getting addicts on the path to recovery, and does little to help those with mental health problems get the individual care and therapy they need.

Clarke had firmly grasped this, and partially using the necessity to make cuts in the budget of the Ministry of Justice, had proposed some baby steps towards reducing the overall prison population, encouraging more use of community sentences, giving sentence discounts to those who admitted their guilt at the first possible opportunity, saving the cost of a prosecution, and making prison regimes more rigorous through work schemes which together with improved education opportunities could help begin to bring re-offending rates down. The majority of this has now cast aside almost entirely by Cameron, with Clarke left to make a brave, affable face in the Commons on what's left of his original plans.

Out then has gone any aim to cut the prison population, even if only by around a mooted 6,500, which now stands close to 85,000. At best the number will stabilise, although more likely is that it will increase thanks to the other changes introduced without warning by Cameron. Completely dropped has been any further discount for early guilty pleas, even for less serious offences. Community sentences will not be suggested as an alternative to short prison terms, with Clarke hiding behind the reasoning that "more than 10%" currently only involve a supervision requirement, generally a fortnightly meeting with a probation officer, even while the proposed bill makes the other nearly 90% more onerous, with a longer working day and week for those on "community payback" schemes. Where the Tories were thinking so radically to begin with that they suggested prisoners could earn something approaching a reasonable wage while behind bars, now the plan is to take more away from the tiny amount those working can earn to give to victim support groups. If the notion is sound, questionable on its own, then it becomes less so when the average weekly wage in prison is £9.60. Even those few working for private firms - Policy Exchange recently highlighted a highly lucrative scheme where DHL pays prisoners £30 a week for 30 hours work - are paid so little that any taken away only further disincentives those who choose to work.

The original proposals which do remain, such as drug recovery wings, are undermined when the bill pledges to "increase security measures to reduce the supply", plans which will doubtless further target visitors rather than the main source of such substances, corrupt prison officers. Anyone who has had to go through the deeply unpleasant experience of visiting a high security prison in the last couple of years will be delighted by any further tightening in the process of getting in to see a relative. To be welcomed is the softly stated promise to "ensure offenders with mental health problems receive treatment in the most appropriate and the most secure setting necessary", which should hopefully direct the sick and vulnerable away from prison, as is the emphasis given to restorative justice, the proposals for which may just eventually build a further alternative or supplement to short sentences or fines.

Most destructive of all though are the Cameron imposed "get tough" headline policies, exactly those that have failed in the past on all counts and which it was hoped had disappeared with New Labour. Having given a manifesto pledge to jail anyone caught with a knife, Cameron's given in to pressure from the Sun and insisted upon a mandatory sentence of at least six months for anyone who threatens someone else with a blade, removing a judge's discretion and ignoring the individual circumstances of each case. Clarke's planned reforms to the scandal of indeterminate sentences, where thousands of prisoners cannot even access the scheme necessary to prove that they are no longer a risk to public will instead be replaced by "even tougher" determinate sentences, helping no one. As for making squatting illegal and putting down in legislation the already unwritten rule that property owners who use "reasonable force" to defend themselves will not be prosecuted, gestures are already being resorted to.

With the savings then having to come from somewhere other than reducing the number of prisoners, everything else will take an additional walloping. Probation, the very thing that protects the public once offenders are released will face additional cuts, as will legal aid, already being slashed. What's more, it signals an end to any illusion that this government on criminal justice if nothing else would live up to its billing as being of a liberal conservative bent. Having called for the abolition of short sentences completely, Nick Clegg and the Liberal Democrats did nothing whatsoever to support Clarke when the crunch came. Finally, it shows Cameron will be just as beholden to the tabloids as New Labour was, creating new offences and indulging in legislating for effect the second they kick up a stink, the very things he said he would put an end to. Clarke could resign in protest, but it wouldn't achieve anything, and someone worse would simply be put in his place. Having had his reforms crippled, the only thing he and we can hope is that the good remaining parts work. There might then just be something to build on if Labour finally decides to stop playing the desperately destructive "who can be toughest" game.

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Thursday, May 19, 2011 

The travails of Ken Clarke.

The age-old political conundrum of whether to focus on a long-term, policy led strategy or instead adopt a scattergun, short-term approach which grabs attention immediately but doesn't necessarily command it beyond the 24-hour news cycle has hardly been answered by the travails of Ken Clarke. Ed Miliband's decision to immediately demand his resignation following his catastrophic interview with Victoria Derbyshire on 5 Live might have felt like the right thing to do, putting David Cameron temporarily at least on the back foot at prime minister's questions, but the day after with Clarke still determinedly in position as justice secretary it instead smacks of the old, short-sighted politics Miliband has suggested he wanted to move away from.

Clarke's comments, if it wasn't already abundantly clear, were shockingly ill-thought through. His argument with Derbyshire was though, as Full Fact points out, based around the false premise that the average sentence for rape is 5 years. This was itself inspired by the Daily Mail's front page on Wednesday, which claimed that rapists who pleaded guilty at the earliest possible opportunity could end up serving only 15 months as result of Clarke's proposals that 50% rather than 33% be deducted from their sentence for such an quick admittance of responsibility. 5 years is in fact meant to be the starting point for judges in cases of rape, and the average sentence turns out to be between 7 and 8 years. Even so, it ought to have been apparent to Clarke that as soon as he responded to Derbyshire's comment that "rape is rape, with respect" with "no, it's not", that he had seriously erred. He then compounded it with his comments on the "less serious" nature of date rape, as well as how wrong he managed to get it on unlawful sexual intercourse, as a 17-year-old having consensual sex with a 15-year-old is not considered rape as he repeatedly suggested.

His failure to immediately apologise sincerely for "misspeaking", as no one is seriously claiming that he regards certain types of rape as less serious to the victim than others, having only really done so convincingly tonight on Question Time, has admittedly compounded the offence. This though seems to be more down to Clarke's old-fashioned stubbornness combined with his refusal to go into interviews thoroughly briefed than out of any genuine malice. More than anything, he was attempting to explain how someone convicted of rape might end up with only a 5 year sentence, even if his way of doing so was hopelessly out-dated and an example of his attempting to wing his way through encounters with journalists rather than read up on the subject.

If Clarke is going to be indicted on something, it ought to be on that score rather than on one of either belittling victims of rape, or actively endangering, even betraying women as the Sun claimed. As Sunny writes, Clarke's comments have resulted in some truly bizarre and very temporary alliances being forged. The Sun, which has been campaigning for some time for Clarke to be brought into line over his crime policies, so wedded as it is to the increasingly unaffordable and scandalously ineffective "prison works" orthodoxy, finds itself not only quoting old ally Jill Saward but also the head of the Fawcett Society, exactly the kind of lefty wimmin's organisation it usually mocks and pours scorn over.

Just how much thought went into Miliband's decision to call for Clarke's sacking is impossible to tell. If the idea was that the coalition as a whole might be weakened through his removal, with a less popular Tory put in his place, then this seems to overlook how it's mainly down to Clarke that the ridiculous, destructive battle over who could be tougher on criminal justice has been essentially brought to an end. Even if it was New Labour's change in position on crime which helped win over the support of the likes of the Sun in the first place, the leadership surely hasn't got such short memories that they've forgotten how they were tore into by that very same paper ad nauseum despite doing almost all they could to put their solutions into practice. Miliband seemed to have recognised that ending the war was in the best interests of all concerned, commenting that he wasn't going to say Clarke was soft on crime just because he was proposing reducing short sentences. He even continued this theme in... the Sun, as George Eaton notes.

Whether or not Jack Straw's pitiful "my view" in that same paper today was sanctioned by the leadership, which seems doubtful considering he refused to demand that Clarke be sacked tonight on Question Time, it gives the impression that Labour would rather return to a conflict they can't possibly win instead of just condemning the justice secretary's loose talk while offering tacit support for his bid to further credit earlier guilty pleas. It would be foolish to suggest that Miliband can do without the occasional piece of praise from the Sun, yet to win it over a chalice as poisoned as this one will do him no favours over the long term. Possible as it is that the party could win back support by adopting the kind of tougher stance proposed by Lord Ashcroft for the Tories, it leads to the problem Clarke has faced down: that locking more and more people up is simply unsustainable, in terms of cost both in money and to society at large. Labour desperately needs to win voters back without resorting to the dead end of triangulation. Resisting the temptation to indulge in cheap populism is vital to just such a strategy.

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Thursday, February 10, 2011 

Bullshit, vindictiveness and classic little Englander syndrome.

You wouldn't normally consider Denis MacShane likely to be one of the few MPs to stand up for "classic, bleeding-heart, do-gooding British liberalism". MacShane's voting record, possibly influenced by his time as a minister, includes voting very strongly for ID cards as well as 90 days detention without charge for terrorist suspects; he also made one of those poor souls administering the new expenses regime cry, later returning with chocolates in an attempt to make up for his behaviour. It's come to something then when his intervention into the debate on votes for prisoners is almost certainly the best informed and most cogently argued of the few to make the case for the extension of the franchise to some of those currently languishing in our prisons.

As to how heavy an influence the fact he's an ardent Europhile is on his opinion is open to question, but at least it's better to be somewhat consistent rather than just an eternal opportunist, a description which doesn't quite do justice to the wretched Jack Straw. There simply isn't a more loathsome individual left in the Commons than this lickspittle, a politician so repulsive that he must even have dogs vomiting when they set eyes on him. Lest we forget, Jack Straw oversaw the introduction of the Human Rights Act, which enshrined the European Convention in UK law. Since then he's done everything he possibly can to undermine it, culminating in him agreeing with the Daily Mail that it was seen as a villians' charter, all thanks to those completely irresponsible judges daring to come decisions that the right-wing press and populists everywhere simply can't abide.

No surprise then that of all people he could have shacked up with over the ECHR's judgement that some prisoners must have the right to vote, he decided to do so with David Davis. Davis at least is consistent in that he's a traditional libertarian: opposed to any restrictions on freedom for those who do no harm to others, highly punitive on those who do break the law. Even he however erred badly during the debate, saying that the concept "if you break the law, you should not make the law" is sound. This would be applicable if voters actually made the law: they do not. We elect representatives to do that for us, and that seems to have been the point most grievously missed by MPs. Those imprisoned currently, despite what some of the tabloids would have you believe, have next to no one who represents them and their concerns, and as a result prison reform is occasionally discussed but hardly ever acted upon or put into practice. It would be more than pushing it to suggest that giving prisoners the franchise would greatly improve the chances of this happening, but it would as has been previously argued put votes into it. Prisoners should be able to challenge the conditions under which they are held, something they can currently only do if they can prove their remaining rights are being infringed.

Straw meanwhile was as dependent as ever on being disingenuous. According to him to problem is not with either the HRA or the ECHR, but rather with "judicial activism", with the judges trying to carve out a role for themselves as an ultimate supreme court of Europe. Judicial activism is a phrase more associated with the right in America, used to condemn any decision which offends their morals. Anyone who reads the Hirst vs UK ruling in full will see that not only was much leeway given, but that it was also conciliatory and a majority rather than unanimous decision. It has since been built on by the Frodl vs Austria judgement, which is slightly more prescriptive, yet it's still clear that the court is not ordering that every prisoner must have the vote, only that a full ban is disproportionate. Despite much comment otherwise, and as the attorney general Dominic Grieve made clear, we are not obliged to follow the ruling to the letter, it's just that simply ignoring it completely is not an option. The Council of Europe criticised the UK last year for not introducing a full ban on smacking after we changed the law as a result of an ECHR ruling, but has not as yet gone any further. The same would almost certainly be the case if we allowed those imprisoned for two years or less to vote.

The end result, considering the media comment, was hardly as overwhelming as might have been expected. Only a third of the house voted with ministers and their shadows all abstaining, along with many others. 22 bravely voted against, MacShane strangely not among them according to the list on ePolitix, with Peter Bottomley deserving a special mention for being the only Tory to swim against the tide. We don't need so much "classic, bleeding-heart, do-gooding British liberalism" it seems as a few with a backbone prepared to stand up against bullshit, vindictiveness and classic little Englander syndrome, made even more ridiculous by how we drafted the ECHR in the first place.

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Friday, December 17, 2010 

Burying bad news? Never!

It's good to see that regardless of the political shade of government, unpopular decisions still get mysteriously announced on Friday afternoons when the hope is that almost no one will notice.

As far as almost inevitable compromises go, the decision to give those serving prison sentences of less than 4 years the franchise seems to be about the best that could have been hoped for. Certainly, it would have been far fairer to either allow the judge to decide who should and shouldn't be denied the vote at the time of sentencing, although that leaves things very much on his whim and could also lead to countless cases of those told they won't be allowed the vote challenging the decision when others given similar or even the same term have been, or alternatively to give the vote to everyone not sentenced to life. This might also save time and further expense: as the Heresiarch points out, the more recent Frodl case decided by the European Court of Human Rights makes clear they favour either of the two aforementioned solutions, leaving the door wide open for a further legal challenge. Whether the court will be prepared to rule against a piece of legislation specifically designed to deal with their judgement remains to be seen.

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Tuesday, December 07, 2010 

Failing to break out of the cycle.


Ken with his long-legged, grey-haired Russian research assistant.


For those under the impression that the Liberal Democrats are in a class of their own when it comes to broken promises over policies featured in election manifestos, a quick reread of the section on crime in the Conservatives' already seminal "Invitation to join the government of Britain" tome should also amuse. While the contents have not been quite as turned on their head as the Lib Dem policy on tuition fees has become, two fairly unambiguous pledges have been shelved (from pages 56 and 57):

Today, almost four out of every five found guilty of a knife crime escape jail. We have to send a serious, unambiguous that carrying a knife is totally unacceptable, so we will make it clear that anyone convicted of a knife crime can expect to face a prison sentence.

...

In the last three years, 80,000 criminals have been released early from prison because the government failed to build enough places. We are determined that early release will not be introduced again, so we will redevelop the prison estate and increase capacity as necessary to stop it.

In actual fact, the Conservative manifesto was fairly tame when it came to criminal justice policy. This was surprising at the time for the reason that the Tories had up to then competed actively with Labour over who could issue the most reactionary rhetoric, repeatedly arguing that violent offences were out of control on the basis of a one-sided reading of the statistics, while damning the early release scheme in uncompromising language (including in a personal election attack billboard ad on Gordon Brown) even though it only released prisoners two weeks earlier than they otherwise would have been.

Whether this is a sign that had the Tories won an outright majority they would now be implementing much the same policies as outlined in today's green paper on sentencing and rehabilitation is impossible to know for certain. What is clear is that the Liberal Democrats, as in so much else, seem to have had absolutely no role whatsoever in the framing of the change in policy. Instead, it seems to have simply been their presence in government which helped effect the change; with Vince Cable becoming business secretary, the evergreen Ken Clarke, having shadowed the position for the Tories instead became justice secretary, helped along by Chris Grayling, the party's shadow home secretary commenting unhelpfully just prior to the election on bed and breakfasts' right to refuse gay couples from sharing a bed. With Grayling demoted to Iain Duncan Smith's underling at work and pensions, the far more liberal pairing of Theresa May and Clarke has apparently been given relative freedom to craft their own policies, although for the most part they are in tune with those outlined in the Tory manifesto.

In almost an instant the consensus that has dominated British politics ever since the murder of James Bulger, that prison works and that an ever increasing prison population is an unquestionably good thing has been broken. A trend started by the Conservatives was unquestionably followed by Labour, so terrified for so long of being seen to be "soft" on crime that it in effect handed over the helming of law and order policy to the right-wing tabloids, especially the Sun. This triangulation failed not only because such policies were self-defeating, but also because each time Labour gave in and adopted a panic measure in response to the day's passing frenzy, it simply encouraged the likes of the Sun to keep on demanding more. When successive home secretaries failed to live up to the image they had first presented, they were torn apart, John Reid memorably appearing on the front page of the nation's biggest selling newspaper minus his brain.

Whether or not the Conservatives were watching this and while playing the same game in public were planning to put an end to it should they be elected is difficult to know for sure. Certainly, the Sun's influence was still being firmly felt within spitting distance of the election: Dominic Grieve, hastily made shadow home secretary after David Davis's resignation over 42 days was apparently moved from the position after he had the temerity while dining with former Sun editor Rebekah Brooks (nee Wade) to critique the paper's coverage of crime, something she complained bitterly about to Cameron, saying they couldn't support the Tories while he remained on the front bench. With Brooks now moved upstairs at News International, perhaps the way was clear for the change in position to be made.

Whatever the case, no one is denying that Ken Clarke has had a major role in the change of policy. Where in the party's manifesto they committed to continuing the insanity of Labour's prison building programme, where additional spaces added to the state were filled almost as soon as they were opened for use, Clarke now actively wants to reduce the prison population, if only by a relatively tiny 3,000. The obvious problem with trying to do so is that he faces the twin difficulties of record rates of re-offending and that for the last 17 years, whether the public or the tabloids believe it or not, ever higher numbers of offenders have been going to prison for ever longer periods of time.

Both are almost certain to conspire against him. Clarke protests in his introduction to the green paper that he will not be disallowing magistrates from using short sentences, merely trying to make the alternatives to time in prison more effective for the offender and more attractive to those passing judgement. While no government was ever going to abolish short sentences in their entirety, even if the Liberal Democrats all but pledged to do so, it's still difficult to see magistrates being dissuaded from using them sufficiently to bring the population down significantly. Clarke's plans will then almost entirely rely on his mooted "rehabilitation revolution", to be achieved within the prison system itself through the development of more "working prisons", where the inmates will be expected to be either in work or education for up to 40 hours a week. Quite how this will work in practice is anyone's guess: the current working prisons mainly cater for inmates either on short sentences or reaching the end of a longer stretch, often as preparation for release. Prisons can't undercut other businesses through lower costs or reduce the number of jobs available as a consequence to law-abiding citizens, which limits even further the work which can be done. There is also no further punishment mentioned for those who refuse to work, which raises the question of how exactly the aim of engaging prisoners in challenging and meaningful work can be achieved.

Much of the burden of reducing re-offending will then fall on the new providers to be brought into the system. Again, quite how this will work is by no means certain: the first pilot, operated by St Giles Trust in Peterborough was only launched in September, and a further four projects will be established by August of next year. As yet there is not even an accepted model as to how the payments will be made, nor is it clear whether they will be any actual savings made for the taxpayer, which is surely just as key as reducing recidivism, once those providing the services have been paid. As Left Foot Forward points out, it's obvious as to why these partners will need to be brought in regardless of Clarke's aims at fostering a "rehabilitation revolution": 9,940 staff currently working for the National Offender Management Scheme are about to lose their jobs. It's also difficult to disagree with Harry Fletcher of Napo that rather than just being about reducing the prison population this is just as much about the privatisation of the current probation system, regardless of the possible effects that could well have on the re-offending rate with the introduction of completely untested new private sector providers.

Clarke then seems to be setting himself up to fail just as much as his Labour predecessors did. Unlike them, he's also had the benefit of outlining his reforms while the media for the most part, especially the tabloid sector which so did for Labour, is either supportive or making few trenchant criticisms. The worst he received today was over his party's broken promise on jailing knife carriers, with the Sun calling it a gamble with people's lives. Whether we like or not, especially when it comes to the dubious involvement of the private and third sectors in rehabilitation, those of us on the left who have repeatedly called for prison reform and an end to the authoritarian approach to crime will find our own alternatives judged on the basis of Clarke's success, a grim irony as we will so many other of the coalition's policies to fail.

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Thursday, November 25, 2010 

In which I admit to talking crap (or a word on Learco Chindamo).

I was, in hindsight, rather setting myself up for this:

All the signs are however that Chindamo is that rare thing - a truly reformed character. Giving a convicted killer the benefit of the doubt is always going to be difficult, even when Frances Lawrence has herself apparently now forgiven him and magnanimously hopes for the best. Chindamo has to live up to what is expected of him, but to do that others have to take him into their confidence as well. The Sun, the rest of the media, and the public should now give him the opportunity and the space to do just that.

Oh. Obviously, we aren't aware of the full facts, it could turn out that it's been a case of mistaken identity, a malicious complaint or otherwise and so we should reserve proper judgement. Nonetheless, if he is subsequently convicted of an offence, the people he has let down most are not that those that saw the best in him and believed in his sincerity, but those who find themselves in a similar position, having committed a heinous crime and now desperately trying to convince the authorities that they are safe to be released back into the community. It's they that may well feel the chilling effects the return of such a notorious criminal to prison will almost certainly have on parole boards.

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Wednesday, November 03, 2010 

Votes for prisoners and John Hirst.


John Hirst is not an easy man to like. Convicted of manslaughter on the grounds of diminished responsibility after killing his landlady in what can only be described as an almost entirely detached manner, he served 25 years when he had been sentenced to only 15, either as a result of his continuing violence in prison or his repeated challenges to authority, depending on whether you rely on the account of the authorities or Hirst and his defenders. Less often mentioned is that he was abused as a child after being placed in the care of Barnardo's, has Asperger's syndrome and having been given a life sentence, will remain on licence until he dies. Believing that he's paid his debt to society, feeling if anything it's society than now owes him something, he didn't come across in an interview with the Guardian back in 2006 as someone truly repentant for his terrible crime, at times sounding callous. Equally, he doesn't want to be forgiven for his offence, just to be accepted as he is.

If the opponents of giving prisoners the right to vote could have chosen someone to front the campaign, Hirst might not have been their first choice, but he'd have definitely been in with a shout. You'll also probably have accordingly conflicting emotions about his celebratory video posted on YouTube (see above), in which he opens a bottle of champagne from Sainsbury's, then lights a spliff, courtesy, as he says, of the local drug dealer, either finding it, as the Sun has already described it, sickening, or as I have to admit I did, rather amusing, although his line about murders, rapists and paedophiles gaining the franchise was getting very close indeed to the bone. Some of the reactions from politicians have also been needlessly hysterical, with David Cameron himself saying he feels "physically sick" at the thought of giving prisoners the right to vote, which is about as hyperbolic as you can get. While Hirst's various media appearances may not have helped win over many new supporters, the almost entirely personal tone that Andrew Neil took when Hirst appeared on the Daily Politics reflected poorly on him also.

The arguments against giving those serving prison sentences the right to vote are obvious: having committed a crime felt to be serious enough to deserve a period of time spent outside of normal society, it follows that while someone is inside that they shouldn't be able to influence what's happening outside. Making a convincing case for the other side is much more difficult: Hirst himself maintains that currently the only way to make your voice heard while in prison is to riot, which isn't quite true; they are other ways of seeking redress, and while MPs might not take you as seriously as those who do have the right to vote, there have been plenty that have taken up the causes of either former constituents or those currently indisposed in their local jails. Others have posited that prisoners would more likely to engage with politics - and as a result with politicians themselves if they had the right to vote, smoothing a way towards possible personal repentance and reform. While such claims are dubious, as Neil Robertson has previously stated, on firmer ground is how giving prisoners the right to vote would put votes in prison reform itself, and give the reform groups themselves something resembling a mandate.

Previously I was of the view that those imprisoned should be denied the vote for exactly the reason first mentioned in the previous paragraph. Having reassessed that, it then becomes just as difficult to decide whom of those incarcerated should get it. While Labour did effectively sit on its hands following the ECHR's ruling back in 2005, knowing full well that eventually it would have to legislate as the coalition is now facing up to, it did issue two consultations on the matter, first on whether they prisoners should have the vote or not, then on how long the sentence should be which precludes someone from the franchise. Unsurprisingly, the respondents to the first overwhelmingly either didn't want prisoners to have the vote at all, or for all prisoners to be given it. Certainly, it's difficult to justify in terms of the length of the sentence whether someone should or shouldn't be able to vote: are we seriously arguing that someone serving 4 years shouldn't be, whilst someone doing a two-year stretch should? Should recidivism for instance have an impact, with the amount of time from previous convictions coming into play? If not, then should it come to down to the nature of the crime itself, with only those guilty of the most serious offences forfeiting the ability to have any influence on politics?

The best option would seem to be to disallow those given either a life or indeterminate sentence from being able to vote. In both cases those who receive them have to prove that they are ready to re-enter society after serving a stated minimum, rather than being able to do so once they have completed it regardless of remorse or reform. While many who have committed terrible crimes would still be able to vote as a result, those considered to have gone so far beyond the realms of civilised society that they have to be permanently monitored would be denied it, hopefully satisfying the dilemma of not giving more rights to those who have denied them to others. John Hirst might not like that the end result of his case would still have meant he would not have been able to vote while in prison, and few are likely to thank him for his efforts, yet if in spite of everything he's done his campaign helps in reassuring those currently regarded as beyond the pale that they are not completely excluded from society and can turn their lives around, his efforts if not his motives will in time come to be seen as anything but ignoble.

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Monday, July 19, 2010 

Scum-watch: The release of Learco Chindamo.

Back in 2006, the Sun was tipped off that the killer of headteacher Philip Lawrence (thanks to GrahamH over on the Sun Lies for noticing that I somehow managed to mix up Stephen and Philip Lawrence, in probably the most idiotic, senseless, beyond redemption mistake I've ever managed to make), Learco Chindamo, was being allowed out for a day unsupervised from his open prison, part of the usual program of preparing prisoners for their eventual release, of which Lawrence's widow had been informed, if not told of the exact nature of his day out. Their article, headed "OUTRAGE", was under the by-line of John Kay, the Sun journalist convicted of killing his wife in a failed murder-suicide pact. Despite describing him as "not having a care in the world" and "swaggering" he was in fact pursued at length by the paper's team, even though they got the shots which would be used as he had first emerged from Ford open prison.

Today the paper splashes on his release from prison, having served two years more than the minimum which was recommended for his offence. The article, in many ways, is remarkably similar. Probably realising that they couldn't have gotten away with one killer calling another "evil", it this time fell to Anthony France to write the article, headlined "HEAD'S EVIL KILLER FREED". The pattern is exactly the same: his every move over the weekend was monitored, right down to the truly thrilling detail that he found himself on the wrong train platform and had to sprint to the right one. This time, rather than "swaggering" he was instead "strutting", although a "source" declared he was "strolling along enjoying the sunshine as if he didn't have a care in the world".

All of which is, it should be noted, with the exception of the description of him as "evil", is fair enough. The release of a notorious killer into the community is undoubtedly a matter of public interest. Far less fair are the same inaccuracies which almost always feature in any report on Chindamo. Firstly, that his appeal against deportation to Italy was granted on human rights grounds when it was not. The Asylum and Immigration Tribunal's decision was in fact based on the 2004 EU citizenship directive, and the government's appeal was rejected on the grounds of a subsequent 2006 EU immigration regulations, where the judge decided that Chindamo did not pose a "genuine, present and sufficiently serious threat" to society. It was in any case perverse that Chindamo could have been deported back to Italy - he arrived in London when he was 6, could speak no Italian and had no actual family connections in that country. He was a product, of this country and while he was responsible for his actions he should also be considered our responsibility, not that of a country he left as a small child.

The second inaccuracy is the continued assertion that Chindamo was still considered a threat back in 2007, not just repeated in the Sun's article and its leader comment, but also in the Telegraph. It's true that in the Home Office's submission to the immigration tribunal it says that "the appellant’s crime is of such severity that he will always continue to be a threat to the community such that his release on licence would be on the basis that he might be recalled to prison at any moment for any breach of his conditions". This however is the regime which all those sentenced to life in prison find themselves under when they are released on parole; they are on licence for the rest of their lives and any breach of their conditions, if considered serious enough, results in their instant return to prison. The other parts of the paragraph which are less willingly recalled directly contradict the claim that he still poses a threat:

In the revised reasons for deportation letter it is noted that it is unlikely that the appellant will reoffend, and that he accepts his responsibility for his offences and has undertaken courses for anger management.

...

In this regard though we must bear in mind the point to which we were referred by Mr Scannell that that assessment was not made on account of the appellant being a threat to the public but because of the likelihood of media scrutiny and/or public interest. The letter does note that risk factors might increase because of media and public scrutiny that the appellant might receive. It also comments that the OAsys report notes that there are occasions where the appellant has overacted to situations and there are severe concerns with finding him appropriate accommodation on release if allowed to remain in the United Kingdom. He would need to be excluded from certain parts of the country, community integration would be a problem on release and he might suffer a backlash. The letter states that the appellant’s notoriety might make him feel excluded from society as he had been before and there was a significant risk that his previous disregard for authority and the law might resurface and result in him coming to adverse attention. As a consequence it was considered that he posed a continuing risk to the public and that his offences were so serious that he represents a genuine and present and sufficiently serious threat to the public in principle such as to justify his deportation.

In other words, the Home Office was not justifying his deportation on the grounds that he himself was a threat, but rather of what might increase the risk should he be released, which unsurprisingly is the media following his every move as it has so far done. If anything, it seems to be suggesting that the problem might be if he is forced to defend himself; far easier to dispose of him to Italy where no one would recognise him then have to draw up effective and also expensive plans to potentially protect him. It also has to be remembered that this was part of a letter putting forward the case for his deportation, where the argument was always likely to put as forcefully as possible. In any case, the Asylum and Immigration Tribunal at the time rejected it, and the parole board would have heard exactly the same arguments before making its decision, again obviously rejected, with any threat or risk decided to be manageable.

The Sun does at least at the end of their story give space to the statement issued by Chindamo's solicitor, which outlines his remorse and gives an indication as to how he intends to continue to atone for his crime. It doesn't however make mention of the how the deputy prison governor at Ford considered Chindamo to be one of the very few prisoners he had encountered who had genuinely made a change for the better, who if given a chance "would prove himself worthy of trust", probably for the reason that he tried to get the hearing held behind closed doors because of the press coverage of his day release.

The paper's editorial tone has also somewhat changed from back in 2007 when it declared he should not be released, although not by enough, and which again repeats the inaccuracies dealt with above. It also mentions another comment made, dealt with myself again at the time:

One fellow con said he showed not one ounce of remorse - quite the opposite, in fact.

The fellow con was Mark Brunger, and his comments were based on how Chindamo supposedly was while at a young offender's institution. Back in 2007 at best he had not had any association with Chindamo for 3 years - and at worst anything up to 7, and that's if we believe him.

That was just three years ago.

We can only pray that letting him loose is not a gamble with someone else's life.


And the Sun, as the Home Office set out, is doing its part perfectly.

All the signs are however that Chindamo is that rare thing - a truly reformed character. Giving a convicted killer the benefit of the doubt is always going to be difficult, even when Frances Lawrence has herself apparently now forgiven him and magnanimously hopes for the best. Chindamo has to live up to what is expected of him, but to do that others have to take him into their confidence as well. The Sun, the rest of the media, and the public should now give him the opportunity and the space to do just that.

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Wednesday, June 30, 2010 

Unconnected events, Ken Clarke and the breaking of an orthodoxy.

Very occasionally, a series of otherwise unconnected events lead to something which would otherwise almost certainly not have happened. For all the explanations so far put forward for the very sudden rejection by the Tories of the past 17 years' orthodoxy on prison policy, none on their own are really satisfying. Even with the cuts which are going to have to be made across all departments outside of those "ring-fenced", it's hard to imagine if Chris Grayling had become home secretary, as most presumed he would, that we'd now hear him (or his colleague as justice secretary) expressing his doubts about whether the constant increase in the prison population had actually reduced crime or saved money in the long run.

There was after all nothing in the Tory manifesto about doing away with short-term sentences, and indeed, David Cameron during the leader debates argued against Nick Clegg when he called for them to be abolished in favour of punishment within the community, citing his mother's work as a magistrate for how they worked. If anything, the plans in their manifesto would have almost certainly meant the need for even more prison places, dedicated as they were to ending the early release scheme without explaining how they were going to provide the extra places necessary to do so. In any event, Labour ended it just before the election, claiming there was now available capacity to do so; the "operational capacity" as of now is 88,000, with 3,000 supposed places currently available (DOC), although that almost certainly involves overcrowding to the point of inciting protests and riots if maintained for long.

Undoubtedly then there has been that otherwise difficult to detect Liberal Democrat influence, although the major credit has to be given to Ken Clarke himself. If the Tories had won a overall majority, it's difficult to see him as doing any job other than than the one he was in the shadow cabinet, as business secretary. Instead Vince Cable has taken that, and with Chris Grayling apparently punished for his comments on gays and bed and breakfasts, the more liberal pairing of Theresa May and Clarke as home secretary and justice secretary have taken control. We're told that Downing Street is "concerned" by Clarke's eagerness to break with the past, yet Clarke has apparently won Cameron's tentative backing.

Again, this is no mean feat. As the Heresiarch argues, the cutting of your department's budget by anything between a quarter and a third concentrates the mind wonderfully, but with the head-banging right-wing of the Tory party already making its voice heard, and the tabloid press that Clarke even takes a swipe at in his speech such a major influence over law and order policy, it would have been all to easy to make another exception for the prison estate in order to "protect the public". Instead we've had the first, somewhat cautious, but nonetheless important break with the "prison works!" orthodoxy from a government of either of the two main parties for 17 years.

By any measure, Labour should be ashamed of its record in so vastly expanding the size of the prison estate. Clarke himself claims to be "amazed" and "astonished" at how the number currently in prison has doubled since he was home secretary back in the early 90s, before the murder of James Bulger had such a mesmerising influence on his successor Michael Howard, the opposition, the fourth estate and apparently also public opinion. Where both Clarke and before him Douglas Hurd had attempted to look at the alternatives to prison, suddenly the prime minister himself declared that we ought to "condemn a little more and understand a little less". David Cameron was after all mocked and ridiculed when he suggested something approaching the opposite of that just a few short years ago, calling for teenagers in trouble with the law to be "shown a lot more love", crudely translated by both the tabloids and Labour as "hug-a-hoody".

It's no surprise then that both Howard and his spiritual successor, Jack Straw, have been out defending their record in the face of Clarke's heresy. Clarke cuts straight to the point in his speech, attacking the "numbers game" which political debate on law and order had become:

The measure of success has been solely about whether a Government has spent more public money and locked up more people for longer than its predecessor in the previous years.

In fact, it had become even more debased than this. During the election campaign Labour attacked the Tories for being "soft on crime" over their almost indistinguishable policies on DNA retention, claiming they would be the "burglar's friend". Jack Straw had even suggested, despite all the evidence to the contrary, that the "criminal justice lobby" had an undue influence over policy.

Clarke's heresy doesn't end there however: he goes on to argue that in our "worst prisons" our policies on crime and punishment produce "tougher criminals", coming out drug dependent or making new "hardened criminal friends". Moreover, re-offending rates have been rising in recent years, and nearly half of offenders sent to prison are re-convicted within a year. As Clarke said:

"It is virtually impossible to do anything productive with prisoners on short sentences. And many of them end up losing their jobs, their homes and their families during their short term inside"

The problem with all this fine talk, welcome as it is, is that the solutions, away from "rigorously enforced community sentences", are so familiar. As with everything else that the coalition seems to be doing, much of the leg work will be left with the "voluntary and private sectors", who'll be paid by their results in reducing re-offending. As Dave Semple points out, if the private sector doesn't see a profit, and recidivism is a notoriously difficult thing to correct, it isn't interested. Moreover, as with the welfare system, are there really going to be savings at the end of the process even if everything goes well, considering the extra costs of helping former prisoners once they're on the outside and the paying of the third sector for their success? It certainly isn't clear that there will be. And besides, what of the prisons that presumably will be left empty if the numbers are actually cut? Will it be the old buildings in the estate sold or the new, often PFI-built prisons by private companies closed, with all the costs that will entail?

There's the same problems inherent with Clarke's suggestions on reforming sentencing. He's right that sentencing at the moment is not properly understood, with most only serving half of the sentence they are actually given with the rest spent out on probation, yet his proposed solution is equally full of holes. He brings up the possibility of judges giving a minimum term which must be served before there is any possibility of release, and a maximum which will be served unless the prisoner "earns" their release prior to that. This is almost to a point the current system which it comes to indeterminate sentencing, which is becoming such a strain on the prison system. The judge passes a minimum term which has to be served, but after that it's up to the prisoner to prove that they are no longer a risk to the public. This has resulted in the press screaming blue murder at the mere thought that the likes of notorious criminals such as the mother of Baby Peter could be released in "just 3 years", even when there's next to no chance that they will be. The media, or at least the tabloid half would all but ignore the "maximum" term and instead focus on the minimum as it does now, and the apparent laxity of the judge in such serious cases.

Clarke does however deserve praise for this paragraph, which it's impossible to fault:

I think it’s fair to say I’ve got rather more confidence in judicial discretion than my predecessors. The difference between a judge and a member of the public or a politician is that judges listen to hours and hours of evidence before they make a decision. They know far more about the detail of a case and the evil of the particular offender than we ever could just by reading the red tops.

And for this as well:

I want to hear the views of the judiciary and the citizen JPs who dispense justice in our magistrates’ courts.

When you have handed out community penalties, have you found them to be effective? If so, which ones? If not, why not? What was wrong with them?

Are all the orders you would like to impose available in your area? Which ones would you like to see more of? And which have you found to be most effective?


Actually asking the judiciary themselves for what works?! How novel and controversial!

It remains to be seen whether Clarke will continue to win the battle against the tabloids, the backbenchers and the knuckleheads in Labour, yet even making this first step is more than the latter ever dared to try. Much as there is already to condemn the coalition for, the truly perverse thing is that it's the Labour party that remains wedded to the failures of the past while the supposed authoritarians and throwbacks in the Conservatives are prepared to challenge what seemed like the unshakeable status quo we were stuck with. The ultimate test will be whether the prison population drops below that figure of 80,000, and then even further; only then might Clarke deserve plaudits to go with the praise.

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