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Thrown into the media limelight through false accusations, I’m sure we have all seen a photo of Liam Allan splashed across the front pages of the newspapers. His case became a bellwether of incomplete disclosure of evidence. As a student who has recently graduated with a degree in Criminology and Criminal Psychology he wasn’t immune to the injustices that are prevalent within our Criminal Justice System.
Regardless of age, many are so hurt and damaged by the trauma of false accusations that they have completely lost faith in the system. It’s not surprising when your life has been turned upside down to want some form of apology, recompense or even revenge.
But, remarkably this is not the case with Liam, speaking with him a few days ago I was astonished by his lack of counterattack and malice. He is trying to live a normal life and planning for his future in studying for a Master’s in Psychology.
He spoke clearly, with compassion, with a hint of frustration but most of all with a vision and purpose.
He shared with me the need for public awareness about miscarriages of justice, and his desire to help those who are innocent. It’s only working together and through education can there can be prevention of more false accusations coming to court and destroying individuals and families alike?
“I don’t want to take anything away from actual victims”
“Everyone is becoming aware that they are not being listened to”
“There has to be some form of punishment for false accusers”
Liam and his friend Annie Brodie Akers have founded a new initiative called Innovation of Justice. Through its work they aim to present a united powerful, collaborative, and collective voice to the Crown Prosecution Service, Police, Justice Committee and decision makers.
Plan of Action
To host conferences to allow an opportunity for everyone to communicate, relax and create strong bonds that will help bring about the right changes together.
- To unite as many people as possible, and work with the Police and Crown Prosecution Service to create a dialogue for change
- Formation of a board of elected representatives: to meet with the leading stakeholders, Police leaders and the Justice Committee. to discuss the proposals for change, as one united voice to the media
- Focus solely on helping the innocent people that have been wrongly convicted and resolve the issues within the CJS
Ways to get in touch and support
Twitter: @liam_allan95, @abrodieakers or @cmcgourlay #innovatingjustice
Just Giving page: https://www.justgiving.com/campaign/innovation-of-justice
Register your interest in the following conferences:
Photo courtesy David Mirzoeff / Press Association / The Times, 30 July 2018
Much of the debate arguing that prisoners should be rehabilitated answers the question by claiming that rehabilitating people can benefit society by preventing future crimes. I agree with this claim and affirm it as true. However, I think the case for rehabilitation can be made stronger by showing that prisoners have a right to rehabilitation. If this claim succeeds, then opponents of rehabilitation must explain why it is legitimate to deny prisoners this right.
My argument is that people have a right to not find themselves in a worse position, economically, socially, or psychologically, after their prison sentence. It is common for people to be shunned after their release from prison. It can be hard to shake the label of ‘criminal’, despite having served their time. I think this attitude is mistaken. After a person has served their time and been released, they should have the opportunity to reintegrate with society and live purposeful lives.
One key advocate of this position is Egardo Rotman. Rotman has argued that just as the state has a right to punish individuals for wrongdoing, the individual has a right not to be made worse off by the effects of the punishment (Rotman, 1990, 184). However, the reality is that people are frequently made worse off by their punishments. One way, amongst others, this happens is how for many, having a criminal conviction is a barrier to leading a law-abiding life on release. In 2016, only one in four prisoners (27%) had a job to go to after release. One in five employers (19%) said they exclude or they were likely to exclude prisoners from the recruitment process (Prison Reform Trust, 2017, 16). The result of this is that even after serving their punishment in prison, people are still being debilitated.
From the above point, it seems imprisoning people is making people worse off after their punishment should have ended. We must ask ourselves, is it fair if an offender who has served their time is not able to move on with their life? From this, I think there is a moral requirement for the state to counteract the disabling effects of punishment and to provide rehabilitation, as a right, to offenders. Essentially, as the state is harming people by imprisoning them, it has a responsibility to counteract the harmful results that the punishment brings.
One worthwhile model of rehabilitation is ‘humanistic rehabilitation’. This model affirms the principle of prisoners as possessors of rights. The importance of this principle is that this legal status gives prisoners a sense of self-worth and trust in the legal system. An issue with our current system is that prisoners often feel alienated from society and hold resentment towards the outside world. Rotman argues embracing this model of rights-based rehabilitation favours the prospect of “self-command and responsible action within society” (Rotman, 1986, 1026). Following Rotman’s view, I believe this type of rehabilitation can be achieved through providing relevant psychological care, education, vocational training, and purposeful work. By purposeful work, I mean work that requires some skills that will be a stepping stone to allow prisoners to pursue full-time employment in a similar field upon release. Not menial work that only succeeds in making the prospect of full-time employment unappealing, like untangling headphones or packing plastic spoons (The Guardian, 2009).
Here, I will note that the Universal Declaration of Human Rights affirms all people have the right to work and education. Additionally, prisoners in the UK are entitled to the same healthcare individuals in the community receive, including mental health care. As this form of rehabilitation largely takes the form of education, work, and appropriate psychological treatment, the opponent of rehabilitating prisoners must explain why these rights should be removed from people in prison. I think there is no sound basis for removing these rights from prisoners. It is clear some rights can justifiably be removed from people. For example, the right to liberty can be removed for the justifiable reason of protecting the public from an individual and to protect the individual from vigilante reprisals. However, there is no justification for removing the rights to work and education that individuals enjoy before they are imprisoned. It would have no good end. Therefore, it can be shown that prisoners have the right to be rehabilitated.
Of course, the costs of the resources to achieve meaningful rehabilitation will be expensive. This approach will receive opposition from a public and political opinion that is generally punitive and other services across the country are strained. However, I would argue that this view is short-sighted. Whilst rehabilitating offenders is expensive in the short-term, if it is effective and crime goes down and communities get safer, then the cost has justifiable ends.
Ultimately, my argument is that prisoners have a right that entails that useful services should be provided, where appropriate and practically possible, to counteract the debilitating effects of prison. It is a case of justice that if prison makes people worse off, then the state is required to provide rehabilitation to counteract this. Prisoners are not sentenced to idleness, it is not necessary nor desirable. Instead, people’s time inside should be spent meaningfully, to allow them to reintegrate with society upon release.
Allison, E. (2009). A fair day’s prison work? | Eric Allison. [online] The Guardian. Available at: https://www.theguardian.com/society/joepublic/2009/sep/09/prison-work-exploitation.
Prison Reform Trust (2017). Prison: The Facts. Bromley Briefings Summer 2017. [online] London: Bromley Trust, pp.4-16. Available at: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Bromley%20Briefings/Summer%202017%20factfile.pdf [Accessed 9 Dec. 2017].
Rotman, E. (1986). Do Criminal Offenders Have a Constitutional Right to Rehabilitation?. The Journal of Criminal Law and Criminology (1973-), [online] 77(4), p.1023. Available at: https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.co.uk/&httpsredir=1&article=6540&context=jclc [Accessed 10 Dec. 2017].
Rotman, E. (1990). Beyond Punishment. 1st ed. New York: Greenwood Press, p.184.
I’m fulfilling something that has been on my wish list for over 20 years… meeting Terry Waite.
Many years ago, as a young Mum, I was eager to find something more substantive to read than Fireman Sam. I borrowed ‘Taken on Trust’ from the library and was riveted by his harrowing story of being a hostage.
Reading about Terry Waite re-ignited my preference for non-fiction and an individual’s personal journey. What stood out to me was his resilience and courage but so did his humanity and his deep faith.
I’m not familiar with the layout of Westminster Abbey and certainly not The Cloisters. Many people who enter are tourists fascinated by the scale of this architecture which commemorates the births, deaths and marriages associated with it. But not me, not on this occasion.
Walking towards my destination, I am suddenly aware that Terry Waite has been a part of my own journey. I say that because the inhumanity that he endured for 5 years mainly in solitary confinement had a lasting impact on me and still today raises many questions, such as:
Why do we put the vulnerable in isolation in our prison system?
Why do we as a society accept it as an inevitability for some?
I’m clutching my copy of his new book ‘Solitude’ where he explores various accounts by those he has met on his travels of being solitary.
Just checked my watch, I’m early, I’m usually early.
Peeking through The Cloisters, there is an immaculate quadrangle where the grass is surprisingly green and a small water feature bubbles away and a fresh breeze bringing a well needed respite to the heat and humidity of London.
Even the event organiser’s choice of location spoke to me of hours and hours of quiet contemplation.
Taking our seats, we were reminded that this was the route historically used by monks from their dormitory to the refectory and this site has always been “a place of power” and a “place of faith”. It’s humbling.
“I witnessed those killed before my very eyes”
“When law and order break down, all hell breaks loose”
These were some of the first words Terry Waite said as he stood to address the audience. He was dressed in a simple pale blue shirt, black trousers, cream linen jacket and a blood red tie. At 6’7” Mr Waite’s command presence was even more imposing than the ancient wooden doors framed by the solid stonework behind him.
Taken on Trust
“If someone turns to the Church for help regardless of whether the Church can help them, the Church should help them”.
He was deeply sincere.
He went on to explain his experience immediately before and at the point of being taken hostage in Beirut, January 1987.
He came face to face with hostage takers and knew he was facing the possibility himself of either being killed or captured. Trust between himself and the captors broke down. Being alone, not knowing and the uncertainty brought feelings of anger towards himself and anger towards the captors for breaking their word, having promised safe conduct.
He recounts his own experience of torture, mock execution and hours of interrogation whilst being shackled by his hands and feet to a wall.
With no companionship and extreme isolation, he found a deeper form of solitude and counselled himself to do two things:
“Live each day at a time, as it comes. Live for now”
“Try and take it as an opportunity to take an interior journey, get to know yourself better”
Endeavouring to find inner harmony he began to write in his head.
“Pools of solitude and places of solitude help you to get to know yourself better and in so doing you are able to have a deeper understanding of others”.
Without a hint of arrogance and self-effacing I found Terry Waite’s words to be profoundly challenging. What he said and the way he said it drew a sharp contrast to a society which is generally irreligious, insular, and impatient.
He concluded his talk with the following, poignant words:
“The power of compassion is greater than the power of evil in this world”
Terry Waite then took a few questions, including one from me, where I asked for his views on solitary confinement in prisons in England and Wales. With an authoritative voice and immediacy, his answer to me was beyond dispute:
“It is cruel and must be stopped immediately”
In a personal conversation afterwards, Terry Waite was kind enough to sign my copy of ‘Solitude’, a gift to me from SPCK.
Society puts people in prison and expects them to reintegrate after their sentence and not reoffend. But recidivism is high because often the root cause of offending is not addressed.
Rehabilitation can be described as restoring, rebuilding, or repairing and in the context of those that have spent time in prison a means of re-joining society and hopefully being accepted, but that’s not always the case.
But what if they don’t want to be “rehabilitated” or don’t see the need for it? This is when questions arise such as:
Can true rehabilitation exist, if so what does it look like?
Does ‘rehabilitation’ force a way of life onto people that we deem ‘acceptable’?
Does our lifestyle fit the mould that we expect of those that have offended and ‘need to be rehabilitated’?
We must ask ourselves if we really want to give people a 2nd,3rd…chance or whether we as a society are too punitive to allow people to move forward with their lives.
So, society can and does hinder rehabilitation by placing certain requirements upon those that have broken the law that may not be relevant and therefore putting unnecessary pressures on them.
What we as part of society expect, could we even live up to and could it be said we are setting people up to fail so we can say “I told you so”?
It is too easy to recall over minor issues such as lateness to appointments or forgetfulness when we all fall foul of these from time to time. Making those expectations so high we could almost see rehabilitation as a form of control or conformity to a norm that many would not recognise.
For some picking up where they left off is not an option due to the nature of the crime, family circumstances or health.
But if we build a barrier to those who pose no threat to society which prevents them from re-joining their work sector then are we continuing to punish?
I have seen the crushing stigma that many live under on release; the failure of a system that is meant to be there for them beyond the gate, the lack of accommodation, the difficulties of finding work, the list goes on.
Recently David Gauke the Secretary of State for Justice said:
“…I want more employers to look past an offender’s conviction to their future potential.
How do we do that?
Well, we do it by working more closely with employers, so they open their eyes to the benefits of hiring ex-offenders…”
Sounds all well and good, however, the stigma of a criminal record can be a barrier to even getting an interview. As Christopher Stacey, Co-director of Unlock states:
“The current criminal record disclosure has multiple, harsh consequences and damaging effects on individuals, in particular it deters people from applying for employment and for those that do apply it brings high levels of stress, anxiety and feelings of shame and stigma. It acts as an additional sentence that often runs for life. It desperately needs reform”
Is it time for society to think differently towards people who find themselves in prison and as Erwin James (The Guardian, 2013) succinctly wrote:
“…however unpalatable it may be to some, the fact is prisoners are still people, and if we want them to have any respect for society when they get out we need to be mindful of their dignity as fellow human beings” (Erwin James, The Guardian 2013)
first published on http://www.raggeduniversity.co.uk
Mr David TC Davies (Twitter @DavidTCDavies), Conservative MP for Monmouth and chair of the Welsh Affairs Committee, has launched an inquiry into prison provision in Wales. At the moment, there are no facilities for women yet there are proposals for another “Titan” prison in South Wales at Baglan.
Let’s look briefly at the record
HMP Swansea, HMP Parc and HMP Cardiff rank amongst the worst prisons in the UK.
All have serious problems with prisoner-on-prisoner assaults, suicides, overcrowding and drugs. Here are some statistics:
Swansea: 80% of prisoners are in overcrowded cells. On arrival at the prison 53% have a drug problem and 32% have an alcohol problem.
Parc: this prison is ranked 111th place out of 117 in England and Wales. In 2017 there were 881 prisoner-on-prisoner assaults and 1451 incidents of self-harm.
Cardiff: 64.5% of prisoners are in overcrowded cells. There were 220 prisoner-on-prisoner assaults in 2017.
Usk/Prescoed: There is no full-time health care provision at either prison, concern by IMB of frequency of ‘lie downs’
If South Wales is serious about a new super prison it should first take a long look at what’s happened in North Wales:
Berwyn, the flagship of the MoJ which opened in February 2017.
Despite being Europe’s second biggest prison, with a capacity of more than 2,100, up to July of last year the £212m facility was less than a quarter full – with just over 500 inmates being catered for. By November there were 800 men.
Digging a little deeper, we find:
- HMP Berwyn received 319 complaints from prisoners February to September 2017.
- There were 219 complaints about the living quarters in the first seven months and 31 complaints about the quality of the food.
- There were 4 complaints about prisoner-on-prisoner violence or assault compared to 50 lodged by prisoners alleging abuse or assault by prison officers.
- Five of the alleged assaults were passed to North Wales Police for investigation, no action was taken over any of them.
- Ministry of Justice revealed that 376 items were confiscated from prisoners between its opening in February and October last year.
- 30 unspecified weapons, 56 items relating to drug paraphernalia and 34 mobile phones were among the items found in the possession of prisoners.
- Other items confiscated include 21 debt list items, 66 lighters, 17 USBs, 26 vaping objects and 10 chargers.
- There were also a number of items described as “miscellaneous” that were confiscated by prison officers.
So, whether prisons are new, old, Victorian, large, average size, have highly respected Governors or frankly those that should not be there (believe me I’ve met both!), it makes no difference as they all have similar issues to contend with:
Overcrowded. Understaffed. Underfunded.
To alleviate this prison crisis, we need fresh approaches in order to:
REDUCE the population: send fewer people to prison for non-violent offences
INCREASE the use of community orders
CUT the number of recalls
DEAL with indefinite sentences IPP’s convert to fixed length sentences?
FACILITATE prison release, therefore reduce self-inflicted deaths and reduce self-harm
REFORM prison estate and ensure all facilities are decent
SHARE best practice
INVEST in the long term and DELIVER in the short term
ADD more mental health facilities
The list can be endless and will depend on whether we see the purpose of prison as punishment, rehabilitation, both of these or a form of social cleansing.
Only last September, Lord McNally said in the House of Lords debate on prison overcrowding:
“We therefore have to understand the debate today which will be overwhelming in favour of sensible reform still has to pass that test of how we get a Secretary of State, a Prisons Minister and a Prime Minister who are willing to drive through reforms”
But that’s not the end of the story
We need a change in public attitude and that can only come from being informed and educated and not continually having issues covered up and hidden, the brushing under the carpet syndrome. There must be transparency.
We then need investment in life after prison in the provision of a home, a place of work, training or education and a reduction of the stigma in having a criminal record.
This month marks one year since I sat in front of a disciplinary hearing at Petty France.
I had stood up and spoken out publicly on the state of our prisons and the state of the Independent Monitoring Boards that has a statutory role within each prison. Some may think I was too severe, and undermined the work that was done by volunteers. Others praised me for being brave enough to speak out as they were too fearful to face the consequences themselves.
I spoke from my experience and I spoke the truth. Seriously, the IMB is a shambles for the main part, a weak voiceless organisation that purports to be independent. Yes, there are some serious members that care about their role but blink and you will miss them! It’s not independent by any stretch of the imagination, it’s a department of the Ministry of Justice based at the MoJ headquarters Petty France.
I didn’t have to appear at the disciplinary hearing, the MoJ/IMB could have made a decision on my future as a Chairman of an IMB without my presence. I was determined to be there and try to uncover the ridiculous allegations against me. What a farce it was. I had been suspended from my role for 8 months and during that time was investigated twice by the MoJ.
During the investigation, I learnt that the article I wrote “Whistle blower without a whistle” in the Prisons Handbook 2016 was not an issue with the IMB Secretariat. The problem was that I spoke to the press. I was interviewed by my local paper ‘East Anglian Daily Times and by the ‘InsideTime’ prison newspaper. Suddenly my story was not only out in the open but was in every prison across the country.
Then came the prejudicial character assassination by both MoJ and IMB. I had struck a raw nerve. Three years previously the MoJ had commissioned Karen Page Associates to review the IMB. Conclusion was the IMB needed root and branch reform. They were so right, each board operating as a separate entity. There was nothing earth shattering about by article, I raised similar points to the review so why did the MoJ/IMB try to shut me down and silence me?
I believe it was a campaign initiated by a member of my board who had the audacity to send in additional material to the disciplinary hearing as he was scared that the decision would go in my favour and that I would reveal what was really going on in the IMB. It was rejected of course.
I didn’t realise that when you needed support or help in situations you faced as a member of an IMB it wouldn’t be available. There is so much I could say but basically the care team made up of members around the country that you could approach for support and guidance had been disbanded. So where difficult situations arose I was on my own.
Entering the hearing I was faced with a couple of familiar faces. The first panel member was on the executive committee for AMIMB. The same association that without permission had taken part of my article and printed it in their magazine and sent it to their members. So, no impartiality there.
I realised the MoJ had decided to change the terms of reference for the investigation without informing me, is that right?
The investigation was as a result of being suspended yet the direction and conclusion of the investigation had changed. I also found out the MoJ had been watching my every step for months and had a list of what I had said and when. Boy they were determined to silence me. I requested notes taken during the hearing and was disappointed but not surprised that so much that I had said was missed out. I don’t know what so-called “evidence” was sent to the Prisons Minister everything was done behind closed doors. They had made up their minds, nothing I could say or do would change that. Just as in the beginning of their campaign against me I knew there would not be fairness. Ironic that the IMB strapline is “Monitoring fairness and respect for those in custody”
Trying to silence me didn’t work
Since the hearing and at every opportunity without my hands being tied anymore, I have spoken out for positive change in the Criminal Justice System both locally and nationally.
I have met some amazing people, visited excellent schemes within prisons and worked with those I admire for their stand.
In trying to silence me the IMB/MoJ have given me a voice, a National voice. As I have said so many times before, I have never tried to raise my personal profile, for me the priority has been the issues I have raised. If you knew me you would understand this.
There have been so many that have walked beside me over the past year, some I have laughed with and some cried with. We have encouraged each other, we have shared our stories. I thank them all.
I am stronger now than I was a year ago and even more determined to play a part in the change that is needed within the Criminal Justice System.