The case for change

Rewiring our system of punishment and rehabilitation

Twenty five years ago, Tony Blair announced the new Labour criminal justice policy: ‘tough on crime, tough on the causes of crime’. It was a classic piece of triangulation that included the competing punitive and liberal approaches to dealing with crime and offenders that have long characterised criminal justice reform.

Despite a plethora of reforms and changes to the justice system over the last quarter of a century by successive governments, the system is arguably neither ‘tough on crime’ nor on its ‘causes’. That is the conclusion of the first part of a Crest research project funded by the Hadley Trust looking at our current system of punishment and rehabilitation, analysing each component of the system and the extent to which it meets its objectives.

Recorded crime vs Prison population in England and Wales 1990 – 2017:

Chart 1 - Rewiring Reforms

Key findings

Our justice system is facing very different challenges to twenty five years ago. Crime is more harmful, offenders are more prolific and there is less money available.

But unlike other public services, the justice system has failed to adapt to these emerging challenges. Despite decades of change, many of the assumptions underpinning how justice is delivered have remained unchanged, resulting in too little punishment in the community and too little rehabilitation in prison. As our report sets out, failures remain across the system:

  • Low level offending is tolerated, rather than challenged;
  • Punishment within the community is virtually non-existent – meaning prisons are over-utilised;
  • Prisons and probation are over-stretched and lack the levers to address the social causes of crime, meaning rehabilitation is neglected.

Rewiring Lessons

Insufficient reforms, based on outdated assumptions about how to change offenders’ behaviour, underpin these failures through the ‘offender journey’ by:

  • Prioritising processes over relationships
  • Treating offenders as a homogeneous, rather than diverse group
  • Favouring the ‘rolling out’ of off-the-shelf solutions over innovation
  • Failing to address root causes

The criminal justice system has given up on transforming lives, in favour of processing people through the system.

 

Next steps

This is the interim report for this piece of work. The stale debate between those in favour of a more liberal/welfare-oriented justice system (focused on rehabilitation) and those in favour of a more punitive system (emphasising punishment) that has characterised justice for decades needs rethinking. Our current system delivers neither. A lack of credible community alternatives means prison remains the only ‘real’ punishment. And although prisons and probation are accountable for rehabilitation, they lack the levers to do the job properly.

We need a new model for justice, which balances punishment and rehabilitation. The solution is not to prioritise punishment or rehabilitation – but to combine both. Over the coming months our aim is to systematically re-think the entire purpose of the system, and design a system fit for the modern challenges we face.

Our principles going forward are:

  • Devolving power to shift money upstream
  • Integrating services
  • Deepening relationships

 

Watch this space for the final report later this year.

Report authors:

Harvey Redgrave

Harvey Redgrave

Managing Director

Harvey Redgrave is Managing Director at Crest Advisory. Prior to joining Crest, Harvey spent four years advising on home affairs policy for the Labour Party and was a deputy director at the Prime Minister’s Strategy Unit.

Sarah Kincaid

Sarah Kincaid

Head of Strategy and Insight

Sarah Kincaid is Head of Strategy and Insight at Crest Advisory. Sarah is a highly experienced policy professional, with 20 years of experience working in Whitehall, arms-length bodies and the voluntary sector.

Sophie du Mont

Sophie du Mont

Strategy and Insight Manager

Sophie du Mont is Strategy and Insight Manager at Crest Advisory. She analyses and evaluates statistics and existing policies affecting the criminal justice system.

Niall Blake-Knox

Niall Blake-Knox

Communications & Policy Analyst

Niall Blake-Knox is a Communications and Policy Analyst at Crest Advisory. Before joining Crest he completed a Masters Degree in Conflict Resolution and Governance from the University of Amsterdam.

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