Cutting Crime (Justice Reinvestment)

Debate between Elfyn Llwyd and Alun Michael

Thursday 21st October 2010 Westminster Hall

[Mr Llwyd]

As I said, I went to the States with a preconception that I would not approve of the veterans court. However, other courts refer to that court as a means of disposal. Other courts deal with ex-service people who have committed such offences, and if they think that the person concerned would benefit from Judge Russell’s assistance, they are referred for disposal to the veterans court. In effect, it is not a twin-track system for any class of society, but it is a different disposal. The scheme is well worthy of examination.

[Alun Michael]

The problem cited by the Minister is a lawyer’s problem, rather than a practical problem. There should not be too strict an adherence to the tariff as anything other than a starting point for sentencing. The tariff should be calibrated according to what will work in the particular set of circumstances, as well as according to the nature of the offences. That is a much more intelligent way of approaching these matters.

[Mr Llwyd]

I realise that the right hon. Gentleman has a great deal of experience in the field of sentencing and I take on board what he says. I commend the set-up I have mentioned to everybody here today, because it is well worthy of examination and it could be adapted for use in England and Wales.

We also need to change the way in which we approach punishment, particularly in respect of less serious offences. The Committee wisely said:

“We are concerned that an unthinking acceptance has evolved of punishment—for its own sake—as the paramount purpose of sentencing, and as the only way of registering the seriousness with which society regards a crime.”

In my view, there is a one-eyed approach to the matter, which may be a product of tabloid mania over the issue. It is very difficult to have a reasonable and reasoned debate about the issue without being drowned out and dictated to by the unwelcome drum beat of the tabloid press. The key elements of sentencing have always been and still are: punishment, deterrence and rehabilitation. All three are vital to a humane and purposeful sentencing strategy. Sadly, at the moment, scant time is paid to rehabilitation, which is key if we are going to get away from the revolving door scenario, which plagues society, the taxpayer and all of us.

If we take a different line regarding justice, we must consider the proposals in the report, which suggests shifting resources towards rehabilitation services, not cutting them. It also suggests investing in what it calls “prehabilitation”—in other words, preventing more crimes from taking place. That would mean pouring extra resources into areas outside the criminal justice system. Social exclusion, low educational engagement, substance misuse, mental health problems, unemployment, the lack of social housing and other issues must all be tackled.

People who fall into the criminal justice system are often caught in a vicious cycle, particularly those incarcerated on short-term sentences. Evidence shows that people serving short-term sentences are far more likely to reoffend and that they do not learn anything from their experience in prison. A vicious cycle can be interrupted and can become a virtuous cycle. Improving preventive measures, such as effective investment in housing, employment and alcohol and drug services would reduce the burden on the Ministry of Justice’s purse. Such an approach would also involve local and central agencies proving that we can work together in a big society—or whatever the term might be.

Evidently, the impact of the spending review on these plans will be fundamental and possibly uncompromising. Reinvestment is simply not possible if there is no money to reinvest. How can we know where the money will be after 2014? Considering the negative swing we will see as an effect of the cuts to probation, clerks, court clerks and court services, the burden on the prison estate will only become greater by 2014. I hope that I am wrong, but the cuts have been rushed. They have not been properly thought through and the position has possibly been compromised because other Departments have been given preference—although I do not know whether that is the case. Such an approach is simply not going to work. I desperately hope I am wrong, because we all know that justice is essential to the well-being of our communities.