Sentencing Bill [HL]

Lord Harris of Haringey Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 25th June 2020 Lords Chamber

[Lord Harris of Haringey (Lab) [V]]

My Lords, five years ago, the review I conducted for the then Minister for Prisons into the self-inflicted deaths of 87 young prisoners was published. I want to use—perhaps some will say abuse or certainly misuse—the opportunity of this debate to raise some general issues about the role of prison. A core conclusion of my review was that prisons are grim environments, bleak and demoralising to the spirit.

So what are the purposes of prison? The first is clearly public protection. A criminal cannot, it is argued, pursue their criminal activities from a prison cell and they cannot endanger other people. Another is to punish, and that punishment is the deprivation of liberty. It is assumed that such punishment will have a deterrent effect. The third is to enable a prisoner to be rehabilitated, given an education or training previously missed, so enabling them to become a useful citizen on release. There is probably also a final purpose in assuaging public opinion that something must be done. This last has led, over the years, to a growing prison population facing longer sentences.

Does it work? Public protection is not achieved if gang leaders can still control and run their criminal activities from inside their prison cell. Public protection is not delivered if prisoners, once released, emerge so embittered by their experience that they are even more dangerous than when they went in; if they have been radicalised by their exposure to violent extremist ideology; or, indeed, if they have used their time inside to make a whole series of new criminal contacts and acquire or hone their criminal skills to make them more effective criminals on their release.

What is the evidence that deterrence works, particularly for young men? Brain development studies show that many young men are not able to evaluate the consequences of their actions and to limit their impulsivity until their mid-20s.

Finally, what about rehabilitation? The prison experience is hardly conducive to it and it is exacerbated by staff shortages, meaning that many courses and classes cannot take place, even before the lockdown imposed by Covid-19. Most prisoners are not sufficiently engaged in purposeful activity and even medical and mental health appointments are being missed because there are insufficient escort staff. Prisons have to be substantially better resourced if they are to deliver any meaningful form of rehabilitation or even protect public safety.

Why do so many prisoners come into contact with the criminal justice system in the first place? Many of the prisoners whose cases I reviewed had problems that were evident from an early age. Many had mental health issues and a troubled adolescence. Why were they not successfully diverted away from criminal activity at a much earlier stage? Proper investment in the health and welfare system is needed to resolve the issues that create these problems of a troubled child or adolescent long before they ever enter the criminal justice system, and we need effective alternatives to custody if they get into trouble. That would be money well spent and would reduce the numbers in prison so that those there can have better rehabilitative support.

There will always be a need for prisons and a coherent, fair sentencing framework is a necessity, but for too long we have neglected what we should do to avoid people getting into trouble in the first place; and we have certainly failed to invest in the prison system sufficiently to ensure that prisons keep the public safe and rehabilitate prisoners so that when they are released they can play a proper part in society. My question to the Minister is: when and how will we address those issues?