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WHAT IS PRISON FOR?




         • Andrew Neilson,
           Assistant Director, Public
           Affairs and Policy,
           presentation on the Isle of
           Man September 2009
What is prison for?
•   Punishment
•   Public protection
•   Deterrence
•   Rehabilitation
What do people have to say
         about prison?
• ‘The degree of civilisation in a society can
  be judged by entering its prisons’ - Fyodor
  Dostoevsky
• ‘The first real principle which should guide
  anyone trying to establish a good system
  of prisons would be to prevent as many
  people as possible getting there at all’ -
  Winston Churchill
How is prison used?
• The past decade and a half has seen an
  unprecedented expansion in the English &
  Welsh prison population
• In 1994, the average prison population
  was 48,631
• On Friday 18 September 2009 the English
  & Welsh prison population reached an all
  time high of 84,422
Many thousands of new prison
  places have been built…
What has caused this growth in
      prison numbers?
• A 78% increase in the use of immediate
  custodial sentences
• A 19% increase in those sent to prison for
  breaches of parole licence and community
  supervision
People are also spending longer
           in prison
• The average time served in prison has
  increased by 14% since 2000
• The proportion of the sentenced prison
  population serving indeterminate or life
  sentences increasing from 9% in 1995 to
  19% in 2009
• England & Wales has more prisoners
  serving these open-ended sentences than
  the rest of western Europe combined
Legislation has had its part to play…
Do crime rates have any
bearing on prison numbers?
Not necessarily...
Does prison reduce
   reoffending?
Who do our prisons hold?
• Around 55% of prisoners are considered
  ‘problematic drug users’
• One in five prisoners report opiate use in
  prison, many for the first time
• 27% of prisoners are BME - compared to
  one in eleven of the general population
• 48% of prisoners are at, or below, the level
  expected of an 11 year old in reading, 65%
  in numeracy and 82% in writing
Mental health is a major
            concern
• Over one third of men serving prison
  sentences have a significant mental health
  problem
• One in four attempt suicide in prison
• Self injury rates in prison increased by
  37% between 2003 and 2007 - four times
  the increase in the prison population
• Women committed 54% of this self injury,
  despite the fact that only 5% of the prison
  population is female
Women in prison
• Women in prison are twenty times more
  likely to suffer from delusional or
  schizophrenic disorders than women in the
  general population
• Over half of women in prison have
  suffered domestic abuse and one in three
  have been victims of sexual abuse
• Nearly a third of women in prison have no
  previous convictions, more than double
  the proportion of men
Children in prison
• Two out of five girls and one out of four
  boys in prison report violence at home
• One in three girls and one in 20 boys in
  custody have histories of sexual abuse
• 40% of children in prison have been
  homeless
Prison fails children
• Over a third of children report feeling
  unsafe in custody
• 75% of children leaving custody will go on
  to reoffend, the highest for any age group
What are prison population
            rates?
• International prison population rates are
  measured per 100,000 of the general
  population
• The median prison population rate for
  Western Europe in 2008 was 95 prisoners
  per 100,000 of the general population
England & Wales is an outlier in
       Western Europe
How does the Isle of Man
          compare?
• The English & Welsh prison rate in 2008
  was 153 prisoners per 100,000, Scotland
  (152), N. Ireland (88)
• The Isle of Man’s prison rate in 2008 was
  127 prisoners per 100,000 of the general
  population
Some other countries...
•   France (96)
•   Germany (89)
•   Republic of Ireland (76)
•   Norway (69)
•   Finland (64)
•   Iceland (44)
Population of the prison on
        Friday 25 September
•   111 individuals in custody on Friday
•   Seven women
•   14 young men aged 21 and under
•   Eight prisoners over 50, the oldest of
    which is aged 75
The Isle of Man has a high number
   of prisoners held on remand
• In 2008, prisoners on remand or pre-trial
  detention constituted 27.8% of the
  population
• In England & Wales the proportion of
  remand prisoners was 16.1%
• Last week just over 40% of the prison
  population in the new prison were held on
  remand
Why so many on remand?
• England & Wales has the Bail Act 1976,
  which gives a presumption in favour of bail
• The Isle of Man has no such legislation
• England & Wales has Custody Time Limits
  to ensure cases are heard expeditiously
  and individuals are not remanded to
  custody for excessive periods
• The Isle of Man has no Custody Time
  Limits
Drugs
• Lengthy sentences are in place for drug
  importation and supply
• Around 50% of the Isle of Man’s prison
  population are inside for drug-related
  offences
Life sentenced prisoners
• The Isle of Man is a compact jurisdiction
  and life sentenced prisoners will go to
  England & Wales
• Currently six lifers from the Isle of Man in
  England & Wales
Voting
• Prisoners on the Isle of Man have the vote
• England & Wales has an absolute
  statutory bar on prisoners having the vote
• In 2005 the European Court of Human
  Rights ruled that this was unlawful
The Isle of Man has mirrored
 increases in England & Wales
• When the Chief Inspector of Prisons last
  visited in 2006, there were 66 prisoners
  (rate of 86.5 per 100,000)
• In 2008, the average prison population
  was 97 (rate of 127 per 100,000)
• The average daily total in 2009 has been
  105 (rate of 137.5 per 100,000)
As with England & Wales, more
 prison places have been built
• The Victoria Road prison could hold a
  maximum of 92 prisoners, with cell-sharing
• The new facility can hold 138 in single
  cells
• Since opening the new prison, the prison
  population has now gone over the 100
  mark
• It reached an all-time high of 124 on 7th
  June 2009
Crime comparisons
• In 2007-08 the crime rate in England &
  Wales was 92 incidents per 1,000 of the
  population
• On the Isle of Man in the same period the
  crime rate was 48 per 1,000
Violent crime comparisons
• Violent crime in England & Wales in
  2007-08: 20 incidents per 1,000
• The Isle of Man saw 13 incidents of violent
  crime per 1,000 in 2007-08
A note on costs...
• In 2008-9, the Isle of Man prison service
  had a budget of £10.2m
• The Isle of Man probation service had a
  budget of £1.7m
Pennies and pounds
• The Isle of Man spends 16p on probation
  for every £1 spent on prison
• In 2008-9 England & Wales spent £2.9bn
  on prisons and £876m on probation - or
  30p spent on probation for every £1 spent
  on prison
A further note on costs...
• The Isle of Man’s government spends
  around £570m a year
• The new prison cost £41.7m – over 7% of
  annual expenditure
• The Isle of Man’s prison service is
  budgeted to spend around £10m each
  year for the next three years - another
  1.75% of annual expenditure
By contrast...
• England & Wales spends about 0.4% of its
  annual expenditure on prisons.
• In 2008-9, £2.49bn out of a total £586bn
  was spent on prisons
The big question?
• The Isle of Man experiences just over half
  the crime and half the violent crime than
  that on the mainland
• So why is the Isle of Man spending
  proportionately more than four times as
  much than England & Wales on prison?
More big questions?
• The average prison population on the Isle
  of Man has increased by 43.8% since
  2006
• Why has this happened when last year the
  Chief Constable reported that recorded
  crime had fallen by 35% since 2006?
• Crime fell by 10.5% in 2008 on the
  previous year. So why has the prison
  population hit further record levels since
  the new prison opened in 2009?
A word of warning...
No jurisdiction has ever built its
   way out of overcrowding
A vision for change

Less crime, safer communities,
    fewer people in prison
There is growing concern at ever-
     increasing prison populations
• In 2007 the Scottish government set up an
  independent Prisons Commission to look
  at the purpose and impact of imprisonment
  in Scotland
• The Commission’s final report, Scotland’s
  Choice, was published in 2008 and made
  23 recommendations
• Scotland now taking steps to reduce its
  prison population, including a presumption
  against sentences of six months or less
Meanwhile, in England...
Canada: a success story?
Spending cuts...
• In 1993 the new Liberal government faced
  the need to reduce a $42bn deficit
• As part of a strategy to reduce public
  spending by 20%, the government sought
  to reduce its spending on prison
...meant prison cuts
• Between 1995 and 2004, the Canadian
  prison population was reduced by 11% -
  lowering their rate of imprisonment from
  131 per 100,000 to 108 per 100,000
How did the Canadians do it?
• Inserted a ‘restraint principle’ into their
  criminal code
• Introduced conditional sentences served
  in the community
• Developed restorative justice programmes
• Speeded up the parole process
What happened to the crime
       rate in Canada?
• Crimes rates in Canada are at their lowest
  for 25 years
• Between 1991 and 1999 there were drops
  ranging from 23% in assault and robbery
  to 43% for homicide
• The magic formula: less crime, safer
  communities, fewer people in prison
Potential reform for the Isle of
              Man
• Introduce the principle that custody should
  be used only as a last resort, when there
  are no reasonable alternatives available
• Introduce a presumption in favour of bail
  and Custody Time Limits for remand
  prisoners
• Replace short prison sentences of six
  months or less with community-based
  responses and fund the probation service
  appropriately
Finally...the ‘community-facing’
               prison
• Of the 111 prisoners in the Isle of Man
  prison on Friday, 15 are not due for
  release until 2012 and one not until 2018
  (barring parole)
• But these prisoners, like all the others, will
  be released and all will return to the
  community
• Resettlement is everyone’s responsibility
Thank you

www.howardleague.org

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What is prison for? (Isle of Man)

  • 1. WHAT IS PRISON FOR? • Andrew Neilson, Assistant Director, Public Affairs and Policy, presentation on the Isle of Man September 2009
  • 2. What is prison for? • Punishment • Public protection • Deterrence • Rehabilitation
  • 3. What do people have to say about prison? • ‘The degree of civilisation in a society can be judged by entering its prisons’ - Fyodor Dostoevsky • ‘The first real principle which should guide anyone trying to establish a good system of prisons would be to prevent as many people as possible getting there at all’ - Winston Churchill
  • 4. How is prison used? • The past decade and a half has seen an unprecedented expansion in the English & Welsh prison population • In 1994, the average prison population was 48,631 • On Friday 18 September 2009 the English & Welsh prison population reached an all time high of 84,422
  • 5. Many thousands of new prison places have been built…
  • 6.
  • 7. What has caused this growth in prison numbers? • A 78% increase in the use of immediate custodial sentences • A 19% increase in those sent to prison for breaches of parole licence and community supervision
  • 8. People are also spending longer in prison • The average time served in prison has increased by 14% since 2000 • The proportion of the sentenced prison population serving indeterminate or life sentences increasing from 9% in 1995 to 19% in 2009 • England & Wales has more prisoners serving these open-ended sentences than the rest of western Europe combined
  • 9. Legislation has had its part to play…
  • 10. Do crime rates have any bearing on prison numbers?
  • 12. Does prison reduce reoffending?
  • 13. Who do our prisons hold? • Around 55% of prisoners are considered ‘problematic drug users’ • One in five prisoners report opiate use in prison, many for the first time • 27% of prisoners are BME - compared to one in eleven of the general population • 48% of prisoners are at, or below, the level expected of an 11 year old in reading, 65% in numeracy and 82% in writing
  • 14. Mental health is a major concern • Over one third of men serving prison sentences have a significant mental health problem • One in four attempt suicide in prison • Self injury rates in prison increased by 37% between 2003 and 2007 - four times the increase in the prison population • Women committed 54% of this self injury, despite the fact that only 5% of the prison population is female
  • 15. Women in prison • Women in prison are twenty times more likely to suffer from delusional or schizophrenic disorders than women in the general population • Over half of women in prison have suffered domestic abuse and one in three have been victims of sexual abuse • Nearly a third of women in prison have no previous convictions, more than double the proportion of men
  • 16. Children in prison • Two out of five girls and one out of four boys in prison report violence at home • One in three girls and one in 20 boys in custody have histories of sexual abuse • 40% of children in prison have been homeless
  • 17. Prison fails children • Over a third of children report feeling unsafe in custody • 75% of children leaving custody will go on to reoffend, the highest for any age group
  • 18. What are prison population rates? • International prison population rates are measured per 100,000 of the general population • The median prison population rate for Western Europe in 2008 was 95 prisoners per 100,000 of the general population
  • 19. England & Wales is an outlier in Western Europe
  • 20. How does the Isle of Man compare? • The English & Welsh prison rate in 2008 was 153 prisoners per 100,000, Scotland (152), N. Ireland (88) • The Isle of Man’s prison rate in 2008 was 127 prisoners per 100,000 of the general population
  • 21. Some other countries... • France (96) • Germany (89) • Republic of Ireland (76) • Norway (69) • Finland (64) • Iceland (44)
  • 22. Population of the prison on Friday 25 September • 111 individuals in custody on Friday • Seven women • 14 young men aged 21 and under • Eight prisoners over 50, the oldest of which is aged 75
  • 23. The Isle of Man has a high number of prisoners held on remand • In 2008, prisoners on remand or pre-trial detention constituted 27.8% of the population • In England & Wales the proportion of remand prisoners was 16.1% • Last week just over 40% of the prison population in the new prison were held on remand
  • 24. Why so many on remand? • England & Wales has the Bail Act 1976, which gives a presumption in favour of bail • The Isle of Man has no such legislation • England & Wales has Custody Time Limits to ensure cases are heard expeditiously and individuals are not remanded to custody for excessive periods • The Isle of Man has no Custody Time Limits
  • 25. Drugs • Lengthy sentences are in place for drug importation and supply • Around 50% of the Isle of Man’s prison population are inside for drug-related offences
  • 26. Life sentenced prisoners • The Isle of Man is a compact jurisdiction and life sentenced prisoners will go to England & Wales • Currently six lifers from the Isle of Man in England & Wales
  • 27. Voting • Prisoners on the Isle of Man have the vote • England & Wales has an absolute statutory bar on prisoners having the vote • In 2005 the European Court of Human Rights ruled that this was unlawful
  • 28. The Isle of Man has mirrored increases in England & Wales • When the Chief Inspector of Prisons last visited in 2006, there were 66 prisoners (rate of 86.5 per 100,000) • In 2008, the average prison population was 97 (rate of 127 per 100,000) • The average daily total in 2009 has been 105 (rate of 137.5 per 100,000)
  • 29. As with England & Wales, more prison places have been built • The Victoria Road prison could hold a maximum of 92 prisoners, with cell-sharing • The new facility can hold 138 in single cells • Since opening the new prison, the prison population has now gone over the 100 mark • It reached an all-time high of 124 on 7th June 2009
  • 30. Crime comparisons • In 2007-08 the crime rate in England & Wales was 92 incidents per 1,000 of the population • On the Isle of Man in the same period the crime rate was 48 per 1,000
  • 31. Violent crime comparisons • Violent crime in England & Wales in 2007-08: 20 incidents per 1,000 • The Isle of Man saw 13 incidents of violent crime per 1,000 in 2007-08
  • 32. A note on costs... • In 2008-9, the Isle of Man prison service had a budget of £10.2m • The Isle of Man probation service had a budget of £1.7m
  • 33. Pennies and pounds • The Isle of Man spends 16p on probation for every £1 spent on prison • In 2008-9 England & Wales spent £2.9bn on prisons and £876m on probation - or 30p spent on probation for every £1 spent on prison
  • 34. A further note on costs... • The Isle of Man’s government spends around £570m a year • The new prison cost £41.7m – over 7% of annual expenditure • The Isle of Man’s prison service is budgeted to spend around £10m each year for the next three years - another 1.75% of annual expenditure
  • 35. By contrast... • England & Wales spends about 0.4% of its annual expenditure on prisons. • In 2008-9, £2.49bn out of a total £586bn was spent on prisons
  • 36. The big question? • The Isle of Man experiences just over half the crime and half the violent crime than that on the mainland • So why is the Isle of Man spending proportionately more than four times as much than England & Wales on prison?
  • 37. More big questions? • The average prison population on the Isle of Man has increased by 43.8% since 2006 • Why has this happened when last year the Chief Constable reported that recorded crime had fallen by 35% since 2006? • Crime fell by 10.5% in 2008 on the previous year. So why has the prison population hit further record levels since the new prison opened in 2009?
  • 38. A word of warning...
  • 39. No jurisdiction has ever built its way out of overcrowding
  • 40. A vision for change Less crime, safer communities, fewer people in prison
  • 41. There is growing concern at ever- increasing prison populations • In 2007 the Scottish government set up an independent Prisons Commission to look at the purpose and impact of imprisonment in Scotland • The Commission’s final report, Scotland’s Choice, was published in 2008 and made 23 recommendations • Scotland now taking steps to reduce its prison population, including a presumption against sentences of six months or less
  • 44. Spending cuts... • In 1993 the new Liberal government faced the need to reduce a $42bn deficit • As part of a strategy to reduce public spending by 20%, the government sought to reduce its spending on prison
  • 45. ...meant prison cuts • Between 1995 and 2004, the Canadian prison population was reduced by 11% - lowering their rate of imprisonment from 131 per 100,000 to 108 per 100,000
  • 46. How did the Canadians do it? • Inserted a ‘restraint principle’ into their criminal code • Introduced conditional sentences served in the community • Developed restorative justice programmes • Speeded up the parole process
  • 47. What happened to the crime rate in Canada? • Crimes rates in Canada are at their lowest for 25 years • Between 1991 and 1999 there were drops ranging from 23% in assault and robbery to 43% for homicide • The magic formula: less crime, safer communities, fewer people in prison
  • 48. Potential reform for the Isle of Man • Introduce the principle that custody should be used only as a last resort, when there are no reasonable alternatives available • Introduce a presumption in favour of bail and Custody Time Limits for remand prisoners • Replace short prison sentences of six months or less with community-based responses and fund the probation service appropriately
  • 49. Finally...the ‘community-facing’ prison • Of the 111 prisoners in the Isle of Man prison on Friday, 15 are not due for release until 2012 and one not until 2018 (barring parole) • But these prisoners, like all the others, will be released and all will return to the community • Resettlement is everyone’s responsibility