eBulletin, 25 November 2022
Our latest eBulletin, sent out to those on our mailing list on Friday, 25 November. Sign-up for our free eBulletins here.
Is the Justice Secretary, Dominic Raab, prepared to take decisive action to address the multiple injustices of the imprisonment for Public Protection (IPP) sentence?
Speaking to the House of Commons Justice Committee earlier this week, he acknowledged the many problems with this dreadful sentence. He also told the Committee that, had he been an MP at the time the sentence was introduced in 2003, he would not have voted for it.
Perhaps.
Despite the “foul stench” of injustice the IPP sentence continues to represent, Raab showed little appetite for the decisive action required. He appeared to reject the Justice Committee’s central recommendation of a resentencing exercise for all those currently subject to an IPP.
Given the government is yet to give its formal response to the Justice Committee report, we must hope that his remarks do not represent a settled position.
Raab also appeared daunted by weight of history. “I am stuck with the legacy of something I didn't vote for,” he said at one point, “but that is the way our system works.”
“So we are stuck with an injustice because it was done in the past?”, the Committee Chair, Sir Bob Neill, replied, leaving Raab thrown and flailing for an answer.
The eleven-minute section of the Committee hearing dealing with IPP (you can watch it on the Centre’s Youtube channel), concluded with a revealing comment by Raab. “I will be responsible, and held responsible, for mistakes that are made in relation to public protection and risk”, he said.
If the government were to accept all the Committee’s recommendations, including on resentencing, Raab will gain plaudits from some quarters as a bold reformer. He also faces political risks, including from unforeseen and unpredictable developments over which he has little or no control.
Put bluntly, when it comes to IPP reform, what’s in it for Raab?
Politics, of course, is a risky business. Politicians have to be prepared to make the big calls, accepting the risks that come with them. If not, they are merely enjoying the trappings of office, without accepting the responsibilities that come with it.
If Raab is not prepared to take the big decisions to address a major injustice, then he should make way for someone who is. Given the current difficulties he is facing from other quarters, the decision may, in any case, be taken out of his hands.
Richard Garside
Director
Off the press
Earlier this week, we published the second edition of our influential report on joint enterprise, The Usual Suspects.
The first edition of the report, which came out in April, looked at the best available indicators of joint enterprise prosecutions and convictions for over a decade. It found that the discriminatory effects of joint enterprise laws had, if anything, got worse over time.
The second edition clarifies some of the definitions and terminology used in the first edition, including in relation to the complex issue of so-called ‘secondary suspects’.
The underlying analysis we presented in the first edition remains unchanged.
Our Head of Programmes Helen Mills, and the lead author of The Usual Suspects, explains the main changes in this article, published by The Justice Gap.
This week, under questioning from the Labour MP Kate Osamor, the government accepted that joint enterprise laws may have a discriminatory impact on Black and other minority ethnic defendants. Watch the exchange here.
The exchanges were covered by The New York Times. Check it out here (create a free account to read it).
A whiff of scandal
Last month, we called for the use of electronic monitoring (so-called ‘tagging’) as part of a criminal justice sanction to be based on proper evidence and guided by clear principles. Our call came in response to a report from the House of Commons Public Accounts Committee, which painted an alarming picture of government failure and waste.
According to the Committee, nearly £100 million of public funds have been wasted, with the Ministry of Justice still unable to determine if tagging works. Yet the government still plans to press ahead with a £1.2 billion programme, expanding tagging to an additional 10,000 people over the next three years.
Our submission to the Committee was the only written evidence that it published.
Our Research Director, Roger Grimshaw, said, “The whiff of scandal over EM should be a wake-up call for a much more informed and wide-ranging discussion, developing a platform for reform which delimits a place for EM in a modest, humane and purposeful system”.
News from our partners
Our friends at StopWatch are holding a two-day festival on the weekend of 3 and 4 December in London. Part of StopWatch’s RAW (Rights and Wellbeing) project, the two-day event will raise awareness and present solutions to the problems of overpolicing. There will be music, poetry, self-care workshops, thinking sessions, panel discussions and opportunities to get involved.
Urgent reforms to prison healthcare services are needed after a decade of austerity. This is the message of two new briefings, published by researchers at the University of Bristol. The two briefings form part of an ongoing dialogue and awareness-raising process being supported by the Centre for Crime and Justice Studies. Other outputs will include advocacy toolkits, due for publication in early 2023.
Room at the inn
If you’re looking for office space, close to Westminster and with excellent transport links, we might have what just you’re looking for.
A 650 square foot air-conditioned office in our building will be available from early 2023. If you are interested in joining a community of like-minded criminal justice organisations, or just want to find out more, drop us an email.
Comment
Our comment pages carry a range of articles from our staff and external contributors. Recent contributions include:
- A tribute to the late Eric Allison, The Guardian prison’s correspondent, by Lubia Begum-Rob and Martine Lignon of Prisoners’ Advice Service
- The Fairness Foundation’s Will Snell, on what the fairness agenda offers to advocates of criminal justice reform
- MIke Guilfoyle’s highly personal reflection on the challenge of balancing private trauma with professional responsibilities in probation practice
- Roger Grimshaw on the failures of police vetting when it comes to their own staff
Check out our comment pages here. And if you fancy writing for our website, you can find the guidelines here.
Did you know?
In 2031 we will be marking our 100th anniversary as an organisation. Our new strategy, agreed over the summer, has been developed to help guide our work towards this important milestone.
The strategy includes a refreshed statement of our purpose: “We create lively spaces for collaboration and learning, where conventional criminal justice policy agendas are scrutinised and challenged, fresh knowledge and ideas are discussed, and transformational solutions are developed.”
In this piece, our Director, Richard, explains some of the thinking behind the new strategy.
Support our work
In the last 12 months, around one pound in every ten we received in income came from individual donations. We are so appreciative of the vital support we receive from our donors and supporters.
If you like what we do, and can afford to make a donation to support our important work, we would be very grateful.
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