Short Prison Sentences

Rory Stewart Excerpts

Tuesday 29th January 2019 Westminster Hall

[The Minister of State, Ministry of Justice (Rory Stewart)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I pay particular tribute to the hon. Member for Islwyn (Chris Evans) for his fantastic speech, which has really framed the problem we are dealing with today. I am happy to encourage interventions from any hon. Member; I am sorry to hear that we will not be hearing from my hon. Friend the Member for Cheltenham (Alex Chalk), who has an enormous amount to contribute to this debate.

[Ms Nadine Dorries (in the Chair)]

He can always intervene on you.

[Rory Stewart]

He can always intervene on me. I will first touch briefly on the issue of public protection, secondly try to take a concrete example from Bedford Prison about how short-term prison sentences actually work in reality, thirdly touch on the alternatives to prison and, finally, talk about the prison regime.

I begin with public protection. It is not a subject that can be approached with anything other than the greatest, profoundest degree of seriousness. In the end, almost the most fundamental duty of our Government is to protect the public, and in particular to protect the public against crime. Whatever we are talking about today, all parties across the House begin with a fundamental understanding that crime is wrong and that it can inflict unspeakable misery on a victim. We have only to think of recent events—victims of knife crime, innocent people smashed up in the streets, victims of burglary, victims of sexual offences—to see why we must begin with absolute horror at and abhorrence of crime.

In addressing it, we must combine our desire to punish people, quite rightly, for committing crimes, our desire to deter more people from committing crimes in the future, our desire to rehabilitate people and change their behaviour, our desire to protect the public, and our desire to pass on a strong message that we will not tolerate this misery being inflicted on the public. When we talk about this, it is important to stress that nobody, on either side of the House, is in any way questioning the horror that crime imposes on victims.

However, it is also important to look at the reality of what is happening in our prisons. On Thursday last week, I was in Bedford Prison, talking to a man. I asked, “How long have you been in for?” He said, “Three weeks.” I asked if it was his first time in Bedford Prison and he said, “No, I was here eight times last year.” I said, “How could you possibly have been in Bedford Prison eight times last year?” He showed me his arm; he was not wearing his shirt and he had tracks from his heroin addiction right the way up his arm. He said, “What happens is, I’m a heroin addict. I leave Bedford Prison after a few weeks, I don’t really know what to do with myself, I shoplift and I get put back in Bedford Prison again.” The question is, what purpose is being served by moving this man in and out of Bedford Prison eight times in a year?

[Alex Chalk]

To stop him shoplifting.

[Rory Stewart]

By all means, we can come back to that suggestion, but first I will go through some of the purposes that might be put forward. It was quite clear from my conversation with him that this was a man who had serious mental health issues, serious learning difficulties and a serious drug addiction. The first suggestion, made by the sotto voce intervention from my hon. Friend, is that perhaps the reason we have put him in prison is that when he is in prison he is not shoplifting. That is true, but we must remember that he is only in prison for three weeks. It is not a great protection of the public from his shoplifting if he is removed for three weeks and then popped back on to the streets again.

The second reason that people would suggest for his being put in prison is to deter him from committing an offence in the future. That is clearly not working: he leaves, he reoffends. The third reason he might be put in prison is to rehabilitate him—to change him so that he does not reoffend. That is clearly not working, because he is obviously reoffending. The final view that is sometimes put forward by judges or magistrates is that there is no alternative; they have tried everything else with this person, so what else can they do other than put him in prison? But it is not working. The idea that there is no alternative to putting this person in and bringing him out again cannot possibly make sense.

That brings us to the nub of the issue: prison, for somebody such as that, does not seem to be working. A better way of dealing with them would be a community sentence that addressed the fundamental problem, which is that this man is a heroin addict. The right kind of treatment programme is not about being soft on the individual, but about protecting the public. If we can turn his life around so that he is not coming out and reoffending seven more times in a year, that shop is protected and the public are protected from the misery of crime.

It is also worth bearing in mind the prison itself. Our prisons are currently facing a rising tide of violence, a rising tide of drugs and a rising tide of assaults on prison officers and prisoners. An enormous amount of that is driven by short-term prisoners. The way that drugs get into prison is frequently through prisoners bringing them in, often inside their bodies. The people who are coming in and out of those prisons most frequently are, of course, prisoners with short-term prison sentences—people such as the man I met, who are coming in and out eight times in a year. By definition, if someone has been put in prison for 20 years, they only have one opportunity to bring drugs into prison. Someone who is going in and out on short sentences is really contributing to that flow.

Furthermore, someone who is not imprisoned for 20 years does not have the same incentives to engage with the regime. Somebody who is in for 20 years will often settle down and focus on work and education; they need to make a life in prison. Somebody who is in for a few weeks simply does not have the same attitude toward prison. Therefore, from the point of view of a prison governor or prison officer, the prisoners on whom they are spending an enormous amount of time are those on short-term prison sentences.

That relates also to self-harm and suicide: people are at their most vulnerable in prison on their first night there. It is very destabilising to go into a prison. That is when much of the self-harm and suicide happens, so a lot of the prison officers’ focus is on those people who are coming in and out for a few weeks, but it is difficult to do them much good. In Durham Prison, the average length of stay at the moment is 10 days. Ten days cannot possibly be long enough to get someone into an education programme, a work programme or a drug treatment programme.

Prison is and should be a very serious thing. It is very expensive. In certain cases, it costs more than sending someone to Eton. It is incredibly complex to manage. We are dealing potentially with people who could be terrorists, murderers or sex offenders and with a complicated regime, moving people in and out of cells, keeping them safe in prison and dealing with self-harm. That requires an enormous amount of professionalism. Having a safe, stable, decent prison, which would be helped by not having prisoners on short-term sentences, would help us to focus on the more serious prisoners and to do the professional work to turn their lives around.

We must get the right kind of community sentence in place, ensure that those people are not destabilised by being dragged in and out of prison all the time and recognise that the wrong type of short sentence is long enough to harm them but not long enough to change them. It is long enough to harm them because they lose their house, their partner and, if they have one, a job; they come into prison, and—bang!—a few weeks later they are back out on the streets again, with none of the support networks that might keep them stable, they commit crime again and they are back inside prison.

If we can find a way of working with them in the community, we can prove what is absolutely clear from all the research we have done: they are less likely to reoffend after a community sentence than after a short prison sentence. If I take that man in Bedford Prison as an illustration, that individual, given a community sentence, is less likely to go on to commit that ninth shoplifting offence than if he is put in prison for the eighth time. If he is put in prison for the eighth time, he will almost certainly go on to reoffend; in fact, in two thirds of cases, short-term prison sentence prisoners do so. That is endangering the public, not protecting the public.

What I have talked about today is an expansion on what the hon. Member for Islwyn said, referring to the problem that we face. The solution is much more difficult. We will have to bring parties together in Parliament, we will have to discuss it with judges and magistrates, and above all we will have to discuss it with the public. Our primary obligation is to protect the public from crime, to show our moral abhorrence at crime and our sympathy of its victims, and also to explain that in order to protect the public, we need to be practical and focused. One way of being practical and focused is to be honest about the problems of short-sentence prisoners. I will allow the hon. Gentleman some time for closing remarks.

[Ms Nadine Dorries (in the Chair)]

Minister, that does not happen in a 30-minute debate. If you would like to continue, you can.

[Rory Stewart]

I am so sorry; I would be delighted to continue. Many apologies. Perhaps an intervention from the hon. Member for Islwyn?

[Ms Nadine Dorries (in the Chair)]

Yes; I was just going to say that.

[Chris Evans]

I find myself in the happy position of agreeing with everything the Minister has said. His critique of what is going on with short sentences is spot on. I know there are hon. Members on the Opposition side who would be interested to meet with him and talk about a way forward, and I hope we can get those meetings in place. I only regret that the debate was only half an hour; I think we could have spoken all day about this subject.

[Rory Stewart]

I thank the hon. Gentleman very much. To conclude, we must focus on what outcome we want—not the process, which is the prison, but the outcome. The outcome must be to find the right way of protecting the public, and whether we are talking about punishment, deterrence, incapacitation or rehabilitation, there are serious problems with short-term sentences.

Motion lapsed (Standing Order No. 10(6)).