This is a blog by Mark Blake, Policy Manager
It’s been five months since the snap UK general election, and with the recent announcements of the budget, and the sentencing review, we are now better placed to assess the Labour government’s direction of travel on criminal justice policy. These developments present both opportunities and challenges, but before delving into them, it is important to reflect on the events of the summer and their impact on the criminal justice system and wider society.
The racist far-right riots and violence of the summer have left an indelible mark on our democracy and politics. The Refugee Council’s statement, released in September, which the CJA fully endorses, reminds us that these horrific events cannot be forgotten. Combating racism, tackling anti-migrant hate, and supporting communities is now more essential than ever.
The budget
The first thing to say about the budget is to welcome the real term increases in the Ministry of Justice’s (MoJ) revenue and capital spending accounts. This of course has to be balanced against the fact that the MoJ has experienced real cuts to its budget of 40% over the past decade. But if the media speculation is to be believed, Justice Secretary Shabana Mahmood has effectively advocated for her department across the Cabinet table, and deserves the plaudits for successfully making the case.
However, this funding, fixed for the next two years, will not solve the crisis. The Institute for Government has, over a number of years, chronicled and monitored the decline in our justice system from prisons, courts and probation. A major part of the capital programme for the MoJ will be taken up by the £1.4 billion prison building programme, which contrasts with the £1.2 billion for capital spend on schools. Regarding the prison building programme, CJA members set out their opposition in our report Time For Change which urged the government to refocus on services in the community and reducing the dependency on custody.
The Independent Sentencing Review
David Gauke, the Chair of the sentencing review, has begun his work. It’s an essential piece of the puzzle in reforming the criminal justice system. The Howard League’s recent report, Grasping The Nettle, set out a series of policy proposals for addressing the prison capacity crisis. One suggestion was the use of remand, which is out of scope for the Gauke Review, but will be the focus of a CJA briefing we hope to launch in the coming weeks.
The sentencing review could present a scenario where the capital programme is developed in unison with policies that may lead to reductions in custody. It’s a distinct possibility that in this context, the prison building programme’s main aim could be to upgrade provision while potentially decommissioning accommodation that is not fit for purpose. Perhaps this is wishful thinking, but we will soon find out.
One final but disappointing observation about the sentencing review is the lack of a specific or cross-cutting emphasis to utilise the exercise as an opportunity to acknowledge and seek solutions to the racial/ethnic disparities that are embedded across our criminal justice system and in sentencing outcomes. Until the system and those running it acknowledge racial disparity not just as something which is morally wrong or a point of interest, but as an aspect of the system which for many demonstrates its inadequacies and inability to reform, it appears highly unlikely that any meaningful progress can be made.
For the new administration to differentiate itself from its predecessor on this issue, it must place addressing racial disproportionality at the centre of policy developments such as the sentencing review. A failure to do so gives the appearance of carrying on with the previous administration’s objective, which appeared to place the issue at the periphery, deny its centrality to meaningful change across the system and engage in culture wars to dismiss and denigrate those communities most impacted for political gain.
There is still much to learn about Labour’s justice agenda, including its plans for women, and the youth justice system. One thing I hope emerges from the sentencing review is that Labour can come out and positively advocate for a less punitive approach to justice. If, as hoped, the recommendations nudge the system away from custody and increasing levels of custody as the norm the Government must make the case for the alternative. The CJA will consult our members to inform our response to the review. I am writing this blog while in Holland. It’s not a nirvana to imagine reductions in the prison population and a different vision for our criminal justice system, we just need the courage to grasp the nettle.
