by Professor Kieran McCartan
Currently, there is a crisis in prisons and probation in England and Wales, with increased prison numbers, a lack of space and services within the criminal justice landscape, resulting in a breakdown in prison structure and function. The current governments response to this is to release prisoners with less than a third of their prison sentence left to serve early, although certain populations are caveated (sexual and violent offences), this release plan is based on sentence length, index offence and not on the person’s risk.
This is putting pressure on an already underfunded system that has had limited investment over the last 20 years, straining staffing levels and prison capacity. This means prison and probation are already under pressure with the existing population, and any new, increased, or changed population will put the system under even more strain. Currently, prisons are experiencing a crisis with too many people in the system, not enough capacity for the detention of prisoner’s safely and too few staff to run the estate effectively. The current crisis is a result of a series of factors, and policy decisions, including underinvestment in the system over an extended period, increased arrest and incarceration rates, increased breaches and recalls to prison, and an increase in longer-term sentences (especially those linked to violent and sexual offending). This has strained an already overburdened system.). This has strained an already overburdened system. In England and Wales, approximately 86,000 people are in prison, costing £60,018 per person per year. It is important to acknowledge, contrary to popular belief, that prison is not a cheap option. Prisons are expensive to run, maintain and keep secure, particularly when you consider the aging facilitates, especially in some Victorian era prisons, and any reduction or cut back in funding the prison estate can result in a risk to public safety. In England and Wales, consecutive governments have debated building more prisons, but this has not occurred at the rate it needed to, and some prions are now not fit for purpose and should not be in use. Additionally, when this is coupled with an overreliance on prison for the bulk of offenders, even low risk and short term prisoners, this means there is over population in prisons that are not running at capacity with individuals some of which could be managed in the community. Therefore, how does the government and the prison estate solve this challenge?
One solution to ease pressure in prisons is to release prisoners earlier to free up capacity, but this only shifts the risk upstream to probation and community justice organisations.
Additionally, when the previous Conservative government recruited more police officers, it did not replicate this increase with a similar one in prison and probation staffing, which is particularly important as at the same time their privatisation and then renationalisation of probation services services led many experienced staff to leave, therefore creating increased challenges for community risk management. Research indicates that the quality of staff working with people matters in rehabilitating them (i.e., recovery capital). The early release of prisoners is not a new approach in England and Wales, as the same thing happened last year. Interestingly, this is not just an England and Wales challenge, with similar pattern’s being seen in Scotland. Therefore, it is important to question whether the current approach to prosecution, sentencing, release and community integration is working. Or do we need a new approach?
The current short-term solution is to release people with less than a third of their sentence left to serve. The idea is that the closer they are to release, the more ready they are to be safely released and managed in the community. This scheme is not open to all prisoners; people who have committed sexual and violent offences are excluded, as well as people who have been convicted of manslaughter. Recently, the government has changed the inclusion criteria for early release, in part based on the overturned release of the killers of PC Andy Harper as a consequence of public and political pressure. The challenge is that many of the prisoners who are being released early have higher rates of breach and recall, therefore are quickly returned to prison. Therefore, the current solution will not have the desired effect. In reality, the approach needs to be based on risk and risk assessment with lower risk people being released and managed in the community while higher risk people and managed in prison. Risk is complex and individualised, but it is important as it is the foundation of effective public safety and community protection; therefore to be effective risk needs to be at the centre of any release or retention plan for prisoners. Risk assessment in England and Wales is based on actuarial risk assessment tools coupled with professional judgement, which enables informed judgement about individual cases. This means a more realistic risk management plan can be developed and rolled out, reducing breach, recall, and reoffending. A longer term solution to the prison crisis requires a reframing and reconceptualising of risk assessment, sentencing and release. With the growing political and practical focus on public health approaches to crime, offending and related behaviours (i.e. an Epidemiological criminology approach, that understanding, responding to and prevention crime at an individual, interpersonal, community and societal level and understanding how these intersect with each other). This approach sees offending behaviour as a life-course, developmental issue framed within a bio-psycho-social framework(that crime is caused by the interaction of biology, psychology and social interactions in people, which is why the causes of crime are similar but different for each person) that understands these behaviours in terms of risk and protective factors. In terms of risk and release, this means understanding the individual through their experiences and how these shape their future behaviour.
Release from prison and return to the community needs to be based on actual, not perceived, risk. However, this takes time and resources, but it will reduce future harm, be more victim-centred, and save costs/resources in the future. Crime is an emotive topic that affects people, communities, and society; therefore, any issue that affects them, like early release, needs careful consideration and appropriate planning.