Revisiting ‘A unique punishment’

1. Revisiting ‘A unique punishment’ Professor Jacqueline Tombs Glasgow Caledonian University

2. Background to the research • Rethinking Crime and Punishment initiative was set up in 2001 in response to widespread concern about the UK’s growing reliance on imprisonment. • Aimed to raise level of public debate about the use of prison and alternative forms of punishment and, thereby, encourage more rational criminal and penal policy.

3. The research study • Statistics on sentencing patterns/trends on the use of imprisonment in the courts. • Interviews with 5 Judges of the High Court, 34 Sheriffs across Scotland and a Stipendiary Magistrate. • Borderline cases – two of which went to custody and two of which went to community sentences.

4. Progressive growth • increased custody rates, length of sentences, use of adult remands; • increased convictions for serious assault & attempted murder and for drugs offences; • policy/practice changes re automatic release, parole and the release of life sentence prisoners; and • decreased use of fines

5. Understanding the growth • a more punitive climate of political, media & public opinion about crime/punishment; • legislative & policy changes encouraged inflationary drift in sentencing; • some changes in patterns of offending; • sentencers’ perceptions of changes re increased seriousness & drugs; and • other changes in criminal justice

6. Absences in alternatives • residential drug/alcohol treatment centres; • supported accommodation; • secure accommodation for those with mental health problems; • education and training for employment; • community programmes for sex offenders; • driving programmes for young offenders.

7. ‘Up-tariffing’ ‘There have been great advances in community penalties in recent years but we have to be careful that we don’t ‘trade up’ what would previously have been dealt with by a fine. There is always the drift – watch you don’t say to yourself – this might do them some good – we’re not here to do good. We’re here to be just.’

8. What is prison for? ‘There is a need to re-examine the progression to prison…. What is prison for? How far do we… and how far should we use community sentences? How often? Why not again and again?’

9. Investment in communities “Though long-term savings would result from better targeting and limiting the use of imprisonment, the Government and the people of Scotland should be left in no doubt that we first need up-front investment in better services in and for Scotland’s communities.” (Report of the Scottish Prison Commission, 2008, 6)