“Two Strikes and You’re Out”: Shouldn’t we be more proactive about criminal justice?

Our political system is fixated on punishing ex-prisoners after they have reoffended, as opposed to trying to get things right in the first place.

At the recent Conservative Party conference, Justice Secretary Chris Grayling announced his new “two strikes and you’re out” policy. Simply put, if you’re found guilty of two offences that both carry a prison sentence of 10 years or more, you will be sentenced to life imprisonment.

This sounds like a nice idea. To be fair to the Government, a lot of what they say on law and order, does. But what’s the substance? Is focusing attention on this group of offenders worthwhile?

Upon analysis of reconviction rates of different groups of prisoners, there seems to be a trend – the longer you stay in prison, the less likely you are to be reconvicted. Compared with short-term sentences, which have a 12-month reconviction rate of around 60 per cent, lifers who are released are generally not reconviction within the same time-frame - with the official figure being somewhere between one and two per cent. Those who fall between these two extremes have a reconviction rate of around 50 per cent (within two years of release).

That is not to suggest that former life-sentenced prisoners don’t go on the commit further offences. It could be the case that either (a) they aren’t caught, or (b) it takes them longer to re-offend (although the idea that further crimes are not detected, given the amount of supervision that they are under, seems highly unlikely). However, the low rate when compared to short-stay prisoners does lead to me ask – why is the Government announcing this drive?

I’ve written at length on this site about how we should use prison sparingly - citing both economic and societal benefits for doing so. However, it seems strange to announce a whole policy based on such a small proportion of the population. It is akin to the US Government announcing a national strategy to address the prevalence of “short sleep” problems among their college students (estimated to be just under five per cent). It sounds ludicrous that they would do such a thing and, although being a far-fetched example, demonstrates how out-of-focus the “two strikes” policy could be.

That’s not to suggest that the future offending of life-sentenced prisoners should just be ignored. However, it seems epidemic in our political system that we have a fixation on retribution and punishing ex-prisoners after they have (re)offended, as opposed to trying to get things right in the first place – by encouraging a more equal society or making our prisons into environments that are more conducive to personal growth.

How would we do this?

There is some great work going on at HMP Grendon, a prison which houses prisoners (known as "residents") for extended periods of time. It has been home to some of the country’s more dangerous and difficult offenders, but has consistently had an enviable record of prisoner violence (with the exception of the murder of a resident convicted of child sex offences in 2010 – the only killing that has ever taken place in Grendon). Additionally, residents who spend more than 18 months at Grendon have a two-year reconviction rate of just 20 per cent – less than half the national average, and adding more credence to the suggestion that only the most dangerous criminals, who can be engaged in long-term therapeutic work, should be incarcerated.

So what’s Grendon’s secret?

The regime at HMP Grendon is greatly different than other category B establishments. Here, residents live in discreet “therapeutic communities”, and are treated in more a more humane way than other establishments. As eminent criminologist, and former governor at HMP Grendon, Professor David Wilson, describes:

“A therapeutic community is a 24-hour, seven-days-a-week, 52-weeks-a-year commitment to analysing your behaviour in the context of a prison to try and gain insight and understanding into why you ended up in that prison.”

This sense of acknowledging your own shortcomings is seen as a vital first step in the rehabilitation process - and sets strong foundations for positive intervention work. Therapeutic communities promote a collaborative approach to offender rehabilitation – with residents being allowed out of their cells for extended periods and engaging in group discussions designed to address their criminal pasts. Additionally, HMP Grendon is a prison that offenders volunteer to go to – knowing that their fellow residents have the power to vote them out if they feel that certain people would not be appropriate for their communities (see my post on prisoner voting rights for an overview of how harnessing and encouraging democratic involvement can help to promote desistance).

This set-up makes the prison environment more realistic, and, therefore, more comparable to being ‘on the outside’. I’m in no doubt that this better prepares Grendon’s residents for release, and reintegration, than does being in a prison environment that relies on inmates being locked up for long periods of time, with little time for social interaction and personal development.

One thing to bear in mind with therapeutic community places is that the cost around £10,000 more per year than a typical prison place. However, I have previously set out how substantial savings can be made by sentencing low-level offenders to community orders (average cost £4,000 per 12-month order) as opposed to short prison sentences (approximately £40,000 per prisoner, per year). In addition to cost savings, these community sentences are shown to have significantly better outcomes in terms of reconviction rates within 12 months (34 per cent for community orders compared to 61 per cent for those serving less than 12 months in prison). By doing this, prison staff will be free to focus their attention on the higher risk, longer-sentenced residents of the prison estate. This would also be in line with the evidence on offender rehabilitation, which suggests that the lion’s share of rehabilitation resources should be aimed at those posing the highest risk. In short, we really do need to "speculate, to accumulate".

Naturally, reducing the prison population will likely lead to a public backlash, and claims that those in power have gone "soft" on crime. However, this brave and reforming step would lead to lower reconviction rates and substantial savings to the Ministry of Justice – savings that could go towards reducing the country’s deficit, or be re-invested in education, the NHS, or affordable housing projects – all of which, coincidentally, could also facilitate lower crime rates. Small-scale pilot schemes could be utilised in the first instance in order to allay some of the public’s fears, and demonstrate the positive effects that an approach such as this could have on local communities.

For too long, we have sat back and watched political leaders engage in reactionary rhetoric, blaming offenders for re-offending when very little has been done to fix the broken penal system that in many ways keeps the "revolving door" swinging. It is about time that we reform our broken system, and adopt a more proactive approach towards offender rehabilitation.

Chris Grayling at the Conservative Party conference. Photograph: Getty Images

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

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Emily Thornberry heckled by Labour MPs as tensions over Trident erupt

Shadow defence secretary's performance at PLP meeting described as "risible" and "cringeworthy". 

"There's no point trying to shout me down" shadow defence secretary Emily Thornberry declared midway through tonight's Parliamentary Labour Party meeting. Even by recent standards, the 70-minute gathering was remarkably fractious (with PLP chair John Cryer at one point threatening to halt it). Addressing MPs and peers for the first time since replacing Maria Eagle, Thornberry's performance did nothing to reassure Trident supporters. 

The Islington South MP, who voted against renewal in 2007, said that the defence review would be "wide-ranging" and did not take a position on the nuclear question (though she emphasised it was right to "question" renewal). She vowed to listen to colleagues as well as taking "expert advice" and promised to soon visit the Barrow construction site. But MPs' anger was remorseless. Former shadow defence minister Kevan Jones was one of the first to emerge from Committee Room 14. "Waffly and incoherent, cringeworthy" was his verdict. Another Labour MP told me: "Risible. Appalling. She compared Trident to patrolling the skies with spitfires ... It was embarrassing." A party source said afterwards that Thornberry's "spitfire" remark was merely an observation on changing technology. 

"She was talking originally in that whole section about drones. She'd been talking to some people about drones and it was apparent that it was absolutely possible, with improving technology, that large submarines could easily be tracked, detected and attacked by drones. She said it is a question of keeping your eye on new technology ... We don't have the spitfires of the 21st century but we do have some quite old planes, Tornadoes, but they've been updated with modern technology and modern weaponry." 

Former first sea lord and security minister Alan West complained, however, that she had failed to understand how nuclear submarines worked. "Physics, basic physics!" he cried as he left. Asked how the meeting went, Neil Kinnock, who as leader reversed Labour's unilateralist position in 1989, simply let out a belly laugh. Thornberry herself stoically insisted that it went "alright". But a shadow minister told me: "Emily just evidently hadn't put in the work required to be able to credibly address the PLP - totally humiliated. Not by the noise of the hecklers but by the silence of any defenders, no one speaking up for her." 

Labour has long awaited the Europe split currently unfolding among the Tories. But its divide on Trident is far worse. The majority of its MPs are opposed to unilateral disarmament and just seven of the shadow cabinet's 31 members share Jeremy Corbyn's position. While Labour MPs will be given a free vote when the Commons votes on Trident renewal later this year (a fait accompli), the real battle is to determine the party's manifesto stance. 

Thornberry will tomorrow address the shadow cabinet and, for the first time this year, Corbyn will attend the next PLP meeting on 22 February. Both will have to contend with a divide which appears unbridgeable. 

George Eaton is political editor of the New Statesman.