Dangerous Politics

The thesis constitutes a detailed historical reconstruction of the creation, contestation and subsequent amendment of the Imprisonment for Public Protection sentence, the principal ‘dangerous offender’ measure of the Criminal Justice Act 2003. Underpinned by an interpretive political analysis of penal politics, the thesis draws on a detailed analysis of relevant documents and 53 interviews with national level, policy-oriented actors. The thesis explores how actors’ conceptions of ‘risk’ and ‘the public’ interwove with the political beliefs and political traditions relied upon by the relevant actors. It is argued that while there was general recognition of a ‘real problem’ existing in relation to dangerous offenders, the central actors in the creation of the IPP sentence crucially lacked a detailed understanding of the state of the art of risk assessment and management (Kemshall, 2003) and failed to appreciate the systemic risks posed by the IPP sentence. The creation of the IPP sentence, as with its subsequent amendment, is argued to highlight the extreme vulnerability felt by many government actors. The efforts of interest groups and other pressure participants to have their concerns addressed regarding the systemic and human damage subsequently caused by the under-resourcing of the IPP sentence is explored, and the challenge of stridently arguing for substantial change while maintaining ‘insider’ status is discussed. As regards senior courts’ efforts to rein in the IPP sentence, it is argued that the increasingly conservative nature of the judgments demonstrate that the judiciary are not immune from the creep of a ‘precautionary logic’ into British penal politics. Regarding the amendment of the IPP sentence, the Ministry of Justice’s navigation between the twin dangers of a systemic crisis and a political crisis are explored. In conclusion, the IPP story is argued to demonstrate a troubling ‘thoughtlessness’ by many of the key policymakers, revealing what is termed the ‘banality of punitiveness.’ The potential for a reliance on political beliefs and traditions to slip into this thoughtless state, and possible ways of ensuring that such policy issues are engaged with in a more inclusive and expansive manner, are discussed.</p

The role of storylines in penal policy change

Bringing policy reform to fruition is an enterprise fraught with difficulty; penal policy is no different. This paper argues that the concept of ‘storylines’, developed within policy studies, is capable of generating valuable insights into the internal dynamics of penal policy change and particularly the ‘commmunicative miracle’ whereby policy participants sufficiently align to achieve reform. I utilize the part-privatization and part-marketization of probation services in England and Wales (‘Transforming Rehabilitation’) as a pertinent case study: a policy disaster foretold, but nonetheless inaugurated at breakneck speed. Drawing on interviews with policy makers, I demonstrate the means by which the ‘rehabilitation revolution’ storyline resolved (at least temporarily) the tensions and problems inherent in the reform project; without which it would have struggled to succeed. We see that storylines play at least three important roles for policy makers: they enable specific policies to ‘make sense’, to ‘fit’ in line with their pre-existing beliefs. They provide a sense of meaning, moral mission and self-legitimacy. And they deflect contestation. In closing, I consider the implications for scholars of penal policy change

Transforming rehabilitation as 'policy disaster': unbalanced policy-making and probation reform

This paper utilizes the notion of ‘policy disasters’ to examine the policy developments that led to the part-privatization and marketization of probation services in England and Wales – Transforming Rehabilitation. Specifically, it examines the ‘internal’ component of policy disasters, drawing on semi-structured interviews with senior policymakers and other relevant sources. The findings presented demonstrate that the policy dynamics relating to Transforming Rehabilitation specifically, and the departmental budget as an important underlying component, were both distinctly ‘unbalanced’. This is argued to be an important explanatory factor in its extremely swift implementation and operationalization. In closing, the paper reflects on the policy studies notion of ‘policy equilibrium’ to consider whether the policy landscape relating to probation in England and Wales has reached a ‘steady state’, or whether the ongoing apparent failings of the Transforming Rehabilitation reforms may result in a further round of considerable policy change

Introduction

The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by la

The pains of indeterminate imprisonment for family members

The indeterminate Imprisonment for Public Protection (IPP) sentence has rightly been described as the ‘least carefully planned and implemented pieces of legislation in the history of British sentencing’. Notwithstanding increasing scholarly and policymaker interest in both prisoner families and ‘dangerous offender’ measures such as the IPP, the experiences of families of IPP prisoners has so far remained unexplored. This paper reports on a research project that addresses this lacuna

The pains of hope: families of indeterminate sentenced prisoners and political campaigning by lay citizens

This paper examines the politics of crime and insecurity as experienced ‘from below’. We draw on in-depth interviews with families of indeterminate-sentenced prisoners, and policy participants, in order to understand families’ experiences of their relative’s imprisonment under the discredited English Imprisonment for Public Protection (IPP) sentence and their public campaigning against it. We situate these experiences within broader structural trends, which we conceptualise as penal-familial assemblages. We argue that the experiences cause ‘pains of hope’ for families through a double liminality: first, due to the uncertainties caused by the indeterminate sentence, which brings neither closure nor release. Second, meaningful state action on campaigners’ demands remained elusive, with moments when change appeared close but ultimately remained just out of reach. In conclusion, we draw out the lessons from our study for analysing penal politics. We argue, in particular, for a humanistic recognition of the centrality, and the pains, of lay citizens’ efforts to seek to achieve progressive penal policy change