When we look to solve a criminal justice problem, it helps to be clear about the nature of the problem, and the kind of response needed to solve it.
One type of response is operational problem-solving. It tends towards finding tweaks and solutions to existing practices, within the existing policy framework, with the intention of improving efficiencies and outcomes.
Another is strategic adjustment. It looks more to adapting or changing existing policy frameworks, rather than simply tweaking them, to reduce or eliminate existing operational problems.
A third is systemic change. This approach pursues a transformative, paradigm-shifting agenda, on the basis that the problems identified require a fundamental rethink.
All three have an important role in criminal justice reform. At the same time, many problems in criminal justice are reproduced, rather than resolved, because the wrong type of response is pursued.
To give just one example, until Andy Burnham became Prime Minister, the government’s approach to addressing the scandalous situation faced by Imprisonment for Public Protection (IPP) prisoners sat squarely within the operational problem-solving response.
The ongoing problem of thousands of IPP prisoners stuck in the system for far longer than the original sentencing court intended, could be resolved, ministers insisted, through the so-called ‘action plan’ that, prisoner by prisoner, would assist them in earning their release.
IPP prisoners, their families, and advocates and supporters were, in large part, unpersuaded by the government position. Instead, they argued for a strategic approach.
Changing the test used by the Parole Board to reduce unnecessary barriers to release for IPP prisoners, is one example of a strategic approach. The much-discussed resentencing exercise, through which all those under an IPP would be given a clear end-point to their sentence, is another example.
One reason why the policy argument over the IPP sentence has, until recently, been so stuck is that ministers doggedly pursued an operational solution, while most of those pressing for change were championing strategic ones.
This has changed under Andy Burnham’s government, with the incoming Prime Minister pledging to “end the injustice” of the IPP sentence before the next election.
Concerned observers have noted that, currently, there is no plan to match this ambition. There is also no guarantee that the government will deliver on its promise. Far from it. For now, though, IPP policy has undergone a welcome shift from an operational to a strategic approach.
The shift, however, falls short of a genuinely systemic change that, I think, is needed.
The IPP sentence is just one of around 20 indeterminate sentences under which prisoners in England and Wales can be held with no certainty about when they may be released. Indeed, there are more indeterminate-sentenced prisoners in England and Wales than in all of the 27 member states of the European Union put together.
Addressing this striking problem – which is playing a significant role in the current prison capacity crisis – will require a systemic change agenda that, currently at least, does not feature in any of the main political party programmes.
Major policy shifts can and do take place, however, particularly when determined advocacy pushes a clear injustice up the political agenda.
Understanding why these shifts take place, and what can be done to encourage more, is a central challenge for any effective reform strategy.
Richard Garside
Director
Coming up
Breaking out of the Justice Loop: Future generations
How do we prevent the criminalisation of young women and girls, now and for future generations?
At this event on 11 November, a great line-up of speakers will be discussing the key problems facing young women and girls today, to identify the systems change that is needed to prevent them becoming the criminalised women of tomorrow.
To find out more, and to register to attend the event, check out the event page.
Breaking out of the Justice Loop: Public purse and public health
Our event in November is the first of three planned Breaking out of the Justice Loop events. The second event will explore how to finance the shift from wasteful, crisis-driven spending on prisons to early intervention and prevention. The third event will conduct a thought experiment on scaling up a system-wide public health approach to women’s criminal justice.
Want to receive event notifications, and contribute to the development of this programme? We have launched a monthly programme bulletin. You can sign up to receive it here.
We are grateful to the JABBS Foundation for Women and Girls for their generous support of the Breaking out of the Justice Loop programme.
Looking back
Violence reduction: Promise, practice and the gaps in between
Earlier this month we teamed up with colleagues at the University of Birmingham for a well-attended round table on violence reduction and the work of the Violence Reduction Units.
We’re currently working on the full edit of the event, which we’ll upload to the event page soon. The event was one of two we are holding with the University of Birmingham. The second, in early 2027, will be discussing youth violence prevention.
As a subscriber to this bulletin, you’ll be the first to hear about it when bookings open.
Off the press: Early help and early intervention
Many agree that early help and early intervention are important to help prevent poverty, homelessness, ill health and future offending.
There is much less agreement on what makes an intervention effective. This is particularly true in the case of law-breaking, where support often arrives at crisis point, or too late, when arrest or prosecution may already be in progress.
Our latest report, published in partnership with the JABBS Foundation for Women and Girls, explores 18 key characteristics of successful early help interventions. It also includes helpful pointers and practical actions for funders and commissioners, frontline stakeholders, policymakers and researchers.
What’s what in The British Journal of Criminology?
For more than 60 years, The British Journal of Criminology has published some of the most significant research in the field.
Among the open-access articles published over the last month are:
- Liam Kennedy and colleagues on community sports organisers as public health enforcers
- Natalie Mae Evelyn on the online market in illegal sexual fiction in China
- Frøja Storm-Mathisen and Alistair Fraser on Norwegian gang members
- Sarah Moore on holding public institutions to account for the harms they cause
- Shane MacGiollabhui on the roles undercover police officers play
- Allison Kurpiel and Susan McVie on childhood poverty and youth offending
Prison Service Journal archive
We are in the process of digitising and uploading the entire back catalogue of Prison Service Journal, from the first edition in 1960. A complete run from 1960 to 1995 is currently available, alongside a complete run from July 2010 to the present day.
This month, the editors have highlighted articles from editions 43 to 45.
21 Years: the Age of Minority? (Edition 43)
This article by Ray Mitchell marks the Prison Service Journal’s 21st year by asking whether it has fulfilled its aim of improving debate and communication across the Service. The author highlights survey findings showing that many staff, especially uniformed grades, found the Journal too academic, impractical and remote from their work. With humour and candour, the article argues that the Journal risks fading into obscurity unless it becomes more visible, relevant and engaging. It calls for stronger support for the Editorial Board, clearer writing, and contributions that speak to staff at all levels.
Why the inevitable fate of Boards of Visitors is to be... ‘Unpopular’ (Edition 44)
In this article, Dermot Walsh makes a compelling argument that the general unpopularity of prison Boards of Visitors among prisoners, prison officers and prison leaders alike is an inevitable consequence of their role. At the time of writing, Boards of Visitors (precursors to today’s Independent Monitoring Boards) were responsible for monitoring prison conditions, hearing prisoners’ complaints, and conducting inspections to ensure that prisons operated fairly, humanely and with accountability. However, as Walsh notes, “a general difficulty with interpreting prison life is that every group… feels that it alone possesses unique insight into the reality of the prison world”. This creates tension: their responsibility for safeguarding prisoners’ welfare makes them unpopular with staff, while their role in overseeing discipline alienates prisoners. Compounding this, they are often held publicly responsible for wider failures of the prison system, both real and fictional. As a result, Walsh concludes that their unpopularity is inevitable.
Prison Industries (Edition 45)
K. J. Neale, writing as the Director of Regimes and Services, argues that prison industries are a central but underdeveloped part of the prison regime. From his senior management perspective, he highlights how work in prison is still burdened by its punitive origins and weakened by organisational shortcomings, limiting its effectiveness. He suggests that with better planning, modern management, and stronger institutional commitment, industrial work could become a key tool for both prison management and rehabilitation.
Taking charge
Interested in stepping into a director-level role in a criminal justice charity with a national focus? The Criminal Justice Alliance (CJA) is looking for someone to lead the organisation for a year from early 2027, while its Director, Nicola Dawn, takes maternity leave. More information on the CJA website.
Partners in crime
We are delighted that JENGbA (Joint Enterprise Not Guilty by Association) will shortly be taking up office space in our building in Vauxhall. Having worked closely with the JENGbA team for many years on the issue of joint enterprise prosecutions, we are looking forward to the water cooler moments and opportunities for collaboration in the coming years.
Support our work
Around one pound in every ten we receive in income comes 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.
You can also spread the word about our work by forwarding this bulletin to others and encouraging them to sign up.
