38. Memorandum submitted by the Prison
Reform Trust
1. ABOUT THE
PRISON REFORM
TRUST
1.1 The Prison Reform Trust (PRT) is an
independent charity that works to create a just, effective and
humane penal system. We inquire into the system, inform prisoners,
staff and the wider public and seek to influence government towards
reform. PRT provides the secretariat to the All Party Parliamentary
Group on Penal Affairs. Each year we publish a number of reports
on all aspects of prison life that receive widespread media attention,
inform ministers and officials and lead to changes in policy and
practice. About 4,000 prisoners and their families contact our
advice and information service each year. We jointly produce a
range of prisoners' information booklets with the Prison Service.
2. NET-WIDENING
AND THE
IMPACT ON
THE PRISON
POPULATION
2.1 A direct consequence of the Anti-social
behaviour (ASB) legislation will be a significant increase in
the total number of people who come under the control of the agencies
of the criminal justice system. When the Home Office conducted
its one day count of ASB in September 2003 a total of 16 different
categories of behaviour, divided into 59 sub-categories were included
in the count. Alongside potentially serious offences such as intimidation,
harassment and burning out cars, the count also included behaviours
such as "skateboarding in pedestrian areas", "begging",
"games in inappropriate areas" and "letting down
tyres." This broad definition of anti-social behaviour inevitably
means that more people could be caught up in the criminal justice
system for doing less and less. PRT believes this phenomenon of
net-widening is of great concern.
2.2 It means that a whole range of individuals,
from beggars to teenagers hanging around on street corners, could
be criminalised. The subsequent stigmatisation that follows has
a significant impact on a person's ability to find work and stable
housing. It has been well documented by the Government's Social
Exclusion Unit that both are critical factors that divert individuals
away from offending.
2.3 Anti-social Behaviour Orders (ASBOs)
are the most well known element of the Government's legislation.
Between 1 April 1999 and 30 September 2003, 1,623 ASBOs were issued
in England and Wales. Children under 18 were subject to around
half of them. Of the 855 ASBOs issued between 1 June 2000 and
31 December 2002, more than a third, 305, were breached, 152 of
them resulting in the offender being sent to prison, usually for
short sentences. This demonstrates that the courts are prepared
to be very tough on breaches of ASBOs which potentially could
have an inflationary impact on prison numbers.
2.4 An analysis of the rise in the prison
population by Professor Mike Hough and colleagues at King's College
completed last year and published by PRT found that tougher sentencing
has been the critical factor in the rise in the prison population
over the last decade. The Decision to Imprison—Sentencing
and the Prison Population found that the number of offenders arrested,
cautioned and appearing before the courts has remained relatively
constant and there has not been any increase in the overall seriousness
of offences brought to justice or the length of criminal records
of defendants to justify the greater use of prison. The key explanation
is increased severity in sentencing. As Professor Hough concluded:
"The key factors are simple to grasp .
. . the courts are more likely to use custodial sentences now
than a decade ago, and when they do, they are more likely to pass
longer sentences."
2.5 From its inquiry into the rehabilitation
of prisoners the Home Affairs select committee will be well aware
of the damage in terms of loss of homes, job prospects and contact
with families that is an inevitable consequence of imprisonment
and the high reconviction rates of released prisoners. It will
also be aware of the limited opportunities for rehabilitation
especially for short term prisoners. The Home Secretary, David
Blunkett, writing in the Observer in February 2002 stated:
"Our prisons are crowded places full
of people on short sentences that do not allow prison staff to
do one of the things they are best at—rehabilitation work.
Prison staff work hard to provide programmes which tackle poor
education and skills, and help people find jobs. Those on remand
and short sentences are not inside for long enough for these programmes
to make a difference—but they are there long enough to lose
their jobs, their family relationships, and even their homes.
This can push someone off the straight and narrow for good."
PRT believes that prison should be used as an
absolute last resort for the most violent and persistent offenders.
Using short custodial sentences for people who have breached anti-social
behaviour orders is a disproportionate response that, rather than
rectifying the behaviour, is more likely to reinforce criminality
and contribute to reconviction rates.
2.6 Overall the new anti-social behaviour
legislation creates a more punitive and interventionist criminal
justice system. There needs to be a rebalancing of the system
to focus much more on the causes of offending. Furthermore, the
criminal justice system has only a small part to play in making
our communities safe and reducing crime. Crime often flourishes
where provision of services such as education, health and child
care is inadequate. Common sense dictates that public money is
better spent in these areas.
3. CRIMINALISING
CHILDREN
3.1 PRT is concerned that Anti-social Behaviour
Orders (ASBOs) are needlessly criminalising increasing numbers
of children. Strict enforcement of ASBOs has led to a significant
rise in the juvenile prison population. There is evidence that
those who are initially caught up in the criminal justice system
go on to become persistent offenders. An ESRC study, "Criminal
Careers: Understanding Temporal Changes in Offending Behaviour"
published in January 2003, found that 69% of a sample of male
10-14 year olds who had their first court appearance in the 1980s
and early 1990s became persistent offenders. These offenders are
often given custodial sentences. Although ASBOs do not initially
result in a court appearances, if the offender breaches the order
they will be brought to court.
3.2 On 3 September 2004 the juvenile prison
population was 2,609. In the last 10 years the population has
more than doubled. Since January it has increased by nearly 10%
after it began to stabilise last year and then decrease. According
to the Youth Justice Board and Youth Offending Team managers that
have been in contact with PRT the recent rise is thought to be
linked to an increase in the number of children who are being
remanded into custody for breaching the conditions of ASBOs. Imprisonment
often fails to tackle their offending behaviour. 80% of 14-17
year olds discharged from prison in 2000 were reconvicted within
two years.
3.3 Juvenile offenders have often experienced
a range of social exclusion factors which contribute to their
offending behaviour. These have been outlined in detail in the
Social Exclusion Unit's report "Reducing re-offending by
ex-prisoners". They include:
— Low educational attainment. Recent
research found that of those in custody of school age, nearly
half had literacy and numeracy levels below those of the average
11 year old and over a quarter equivalent to those of the average
seven year old or younger .
— Disrupted family backgrounds. HM
Inspectorate of Prisons estimated in 1997 that over half those
under 18 in custody had a history of being in care or social services
involvement.
— Behavioural and mental health problems.
Juvenile prisoners have high rates of mental illness. A survey
of 16-20 year olds, highlighted in the Social Exclusion Unit's
report, found that two-fifths of sentenced males and two-thirds
of sentenced females had a range of mental health problems.
— Problems of alcohol or drug misuse.
The same survey found that over half of 16-20 year olds reported
drug dependency in the year prior to imprisonment. Over half the
females and two-thirds of male prisoners had a hazardous drinking
habit. Alcohol problems are often highlighted to PRT as a significant
factor in offending behaviour by prison service staff working
with young offenders.
3.4 Given this background of severe social
exclusion it is a grave misjudgment to place too much focus on
the enforcement of ASBOs which is resulting in the unnecessary
use of imprisonment for children, without addressing the wider
issues. The Government needs to look again at how support services
are provided to children and families who are subject to ASBOs.
They require the full range of support services, before problems
escalate and children are drawn into the criminal justice system.
There is surely scope here to build on the Sure Start initiatives.
We must look beyond punishment and tackle the root causes of anti-social
behaviour by providing alternative measures that will not push
children further to the margins of society.
3.5 ASBOs in their crudest form are a control
device aimed at deterrence, which can also be used as a form of
"naming and shaming". There is a danger of them becoming
a "badge of honour" for some young people. There should
be a clear objection on any enforcing authority to complement
the order with support/treatment services. Failure to do so should
implicate the authority in any "failure" of the order.
13 September 2004
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