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“Can anyone doubt that today our prisons truly are in crisis—seriously overcrowded, understaffed and volatile—and that the solution cannot be simply to build more, but lies rather in adopting fresh approaches to reducing their population and restoring what is now almost entirely lost: the real prospect of prison sentences actually being used to reform and rehabilitate inmates?”
This was the opening paragraph from Lord Brown of Eaton-under-Heywood on the debate on Prison overcrowding 7th September 2017 that he brought to the House.
I was there watching and listening very carefully and was the only person who stayed in the public gallery for the whole debate.
Why is the subject of prison population one that makes everyone uncomfortable?
Coincidently, it was exactly a year to the day when, in 2016, I sat watching and listening behind Liz Truss in the Justice Select Committee as she was grilled. This was her first time in front of this committee and they wanted answers. On the subject of prison population, which is at an all-time high, she said this: “…the metric I will judge myself is not prison population”.
I have tried to pick out some of the main points during this debate
Lord Brown of Eaton-under-Heywood was very clear when he said, “Warehousing has largely replaced rehabilitation”. He had four recommendations:
- Send fewer people to prison and for shorter terms
- Indefinite sentences, which are now commonplace, should become a rarity
- Facilitate prison release
- Drastically cut the number of recalls
Baroness Healy of Primrose Hill also picked up on the crisis that shows no sign of ending. Her suggestions included an urgent review of the use of short-term sentencing and to reverse the sharp decline in community orders. In addition, we should stop the imprisonment of women for non-violent offences and instead invest more in women’s centres.
Lord McNally “I fear that part of the problem of prison reform is that in a way, the whole of our Prison Service is like a paddle steamer driven by two paddles, but they go in different directions. One paddle is egged on by the media, influenced by public opinion and by politicians who, when given the hard choice between backing the difficult decision or playing for the politics of fear, have too often chosen the latter, and by political parties of all kinds, which, when it comes to elections, put out their leaflets telling their would-be voters how crime is rising and how they are going to deal with it. That paddle, pounding away, always makes it difficult to get the case for reform.”
Lord Ramsbotham “…if the Prison Service’s distortion of its role is to be rooted out, Ministers and officials must stop ignoring, and start listening, to the clarion calls of those who, for years, have been drawing their attention to the damage that overcrowding does to a system for which they are responsible and accountable to the public”
Lord Hope of Craighead “My Lords, there are far too many people in prison who ought not to be there at all. I have been concerned for some time about what can best be described as inflation in the length of the sentences being imposed by the courts”
“As for rehabilitation, the effect of overcrowding is that the opportunity for effective rehabilitation is greatly reduced. On the other hand, many more prisoners are being recalled now for breach of licence conditions than ever before”
“The Government need to address the reasons for these rises in prison numbers as much as they need to address the physical problems the overcrowding gives rise to.”
Lord Wigley “We desperately need a new fundamental review of the whole strategy of preventing crime, rehabilitating offenders and building communities at peace with themselves. We need radical new thinking and we need it very soon.”
Baroness Murphy “We put money into policies and we have no idea whether they are being delivered, simply because we have no way of measuring and there is nobody who can do the measuring. So policy ambitions are not being addressed. Of course, the prison regime is most likely to lead to depression, anomie and disturbed behaviour. Inside prisons the situation is dire.”
“Yes, we could have more mental health services but, frankly, it will not make any difference unless we solve the problem of how we are pouring people into the criminal justice system.”
Lord Cormack “We should constantly remind ourselves that punishment is sending somebody to prison, and the purpose of prison is rehabilitation. That has been neglected and forgotten for so long. One of the reasons, I fear, is the commercialisation of prisons.”
“We have to try to reduce the prison population. If we do not, we will continue to connive at perpetuating a blemish on our society. We are collectively indicting our own civilisation on our civilised values.”
Lord Harries of Pentregarth “…I wish to focus on one aspect only—the impact of overcrowding on self-inflicted deaths.”
“When a person is in prison the state has a particular responsibility to do all it can to ensure that they do not develop a state of mind where suicide is what they are tempted to do. Prison can lead to a sense of isolation, mental fragility and a feeling of hopelessness. For the reasons that I have outlined very briefly, the present overcrowding makes the situation much worse and is totally unacceptable.”
Baroness Masham of Ilton“If there was a more comprehensive aftercare system for vulnerable prisoners when discharged, with ongoing rehabilitation and a place to live for those who are homeless, maybe there would not be so much recidivism, which is one reason for prison overcrowding”
Lord Bradley “…reform is urgently required of indeterminate sentences for public protection. I support an approach recommended by the Prison Reform Trust, based on the three principles of convert, protect and rehabilitate. IPP sentences should be converted from indeterminate to fixed-length sentences, starting with the shortest tariff lengths where the greatest injustice seems to have occurred. The public should be protected with a guaranteed minimum licence period for all cases following release. As to rehabilitation, we should ensure that a proper investment is made in the support of IPP prisoners after release.”
Lord Alton of Liverpool “What is happening to the Government’s proposals for getting prisoners into jobs after release, for ensuring that prisoners learn English and maths and for league tables to evaluate progress on education? Where do education, training, secure schools and young offender institutions fit into the long-term strategy?”
“…we need an entirely new culture in our prisons and a different attitude to the way in which we run them”
Lord Hastings of Scarisbrick “We understand the heart of the difficult arguments, and now it is time to move towards answers and solutions, to cut the cost to the public purse and to stop the unnecessary incarceration of men and women who do not need to be in prison.”
“Why not invest our tax resources instead in their futures, and not in containing people in the despair and hopelessness of prison?”
Lord Lee of Trafford “…our prisons are a national embarrassment”
Lord Berkeley of Knighton “Overcrowding in prisons is severely hampering the opportunity for rehabilitation and the shining of a light in a dark place to illuminate a more redemptive path.”
Lord Birt “What is needed is not more obfuscatory press releases from the MoJ, with numbers unaccompanied by any convincing narrative at all, but an integrated and convincing five-to-10-year plan that moves us ahead of the curve and contains prudent forecasts of prisoner numbers, with plans to build an estate without any overcrowding and with a plan for officer numbers that will allow our prisons to become controlled, disciplined and civilised.”
The Lord Bishop of Southwark “It is imperative that we work together to increase hope and ensure that words and aspirations are matched by actions and delivery. There is an urgent need so to do.”
Lord Low of Dalston “We should look not only at the prosecution and sentencing practice of other countries but at what they do instead with those offenders, particularly categories of offender who are no longer sent to prison.”
Lord Phillips of Worth Matravers “My Lords, we are dealing with a problem that successive Governments have failed to solve for over half a century. The cause of that problem is that we send far too many people to prison for far too long: far longer than is necessary for rehabilitation and far longer than is needed to provide an effective deterrent.”
“What is needed is a change in the public attitude to keeping people locked up in prison: a recognition that the cost to society of this form of punishment is prohibitive; that the cost of each year that a man spends in prison simply by way of punishment is depriving us of resources that could otherwise be used to meet urgent social needs, including those that prevent young people turning into criminals. To bring about this change in attitude calls for leadership and courage on the part of Government. The aim should be, for a start, to halve the number of those in prison. IPP prisoners should be released. Old men who no longer pose any threat should not be held in expensive custody. Most importantly, legislation should reverse the trend of requiring ever longer sentences.”
Lord Colgrain “I have been drawn to three particular aspects of the prison system that seemed so anomalous that I subsequently drew them to the attention of the then Secretary of State for Justice, and I think that it is worth reiterating them now in the context of this debate on prison:
- Reduction of utilisable space, which in turn adds to the sense of overcrowding
- Delay in administration, which in turn restricts the execution of the system, which in turn leads to overcrowding
- Release late on a Friday afternoon, with limited ready funds and no protected environment within which to reside, must surely contribute to a higher possibility of reoffending than might otherwise be the case, with the subsequent prison overcrowding”
Baroness Hollins “Prison chaplains are trusted by prisoners. They are able to help counter the negative effects of overcrowding by offering personal and pastoral support to the prisoners in their care. Pressures created by overcrowding also threaten to undermine the quality and provision of family contact in prison—something particularly relevant to mothers with dependent children. As the noble Lord, Lord Farmer, stated in a recent review, family ties are as essential to rehabilitation as education and employment”
Lord Bird “Until we move on to prevention, until we start to dismantle poverty, we will have overcrowded prisons. I am sorry to say this, because overcrowded prisons are not prisons that work. We can be as clever as we like and come up with all sorts of solutions, but let us stop the churn; let us stop the arrival of people in prisons. That is the big, revolutionary need in terms of our thinking.”
Lord Judd “If our system is not rehabilitating people, it is a total failure. There needs to be a culture and a professional commitment at all times to rehabilitation. Rehabilitation means recognising that prisoners are individuals.”
“We all have a heavy responsibility to resist the cynical populism of the press and too many of our political colleagues when it comes to the challenge of prison reform. What we have now is generating crisis, not overcoming it.”
Lord Cullen of Whitekirk “…there is little evidence of overcrowding in Scotland’s 15 prisons.The most marked decrease has been in the number of young offenders. This points to the success of a whole system initiative which has encouraged a number of actions such as early intervention, opportunities for diversion from prosecution and support from the court process. For initiatives such as this the relatively small size of Scotland has assisted in bringing together the responsible agencies, sharing good practice and developing good teamwork.”
Lord Fellowes “If any other public service were in the position of our prisons, radical measures would have to be taken, and quickly. In the case of Britain’s prisons, this becomes more and more essential as the years go by, and the clear priority must be for a significant drop in overall numbers. The present numbers ensure that rehabilitation comes way down the priority list.”
“I know that our Government have much urgent business to complete, but the state of our prisons and the intolerable burden we place on the Prison Service continue to shame us and remain a danger to the stability of our society.”
Lord Woolf “In our system very powerful forces, coming largely from Parliament, continually drive up sentences and there is no equally powerful force which has the opposite effect of reducing them. That is what we have to focus upon…I suggest that we have to give the Sentencing Council a new remit whereby, if sentences are increased, it has to make recommendations under which they can be reduced. Unless we get a balancing factor of that sort, I am afraid that the present problems will continue.”
Baroness Stern “I would make two proposals to the Minister. First, a radical review could be a very practical and sensible way to proceed. Secondly, would she consider inviting the Secretary of State for Justice—who has a very good reputation—to find the time to listen to the views of some of those in your Lordships’ House in whom so much wisdom on this subject resides?”
Lord Elton “…it has been assumed that the problem that needs to be solved is how you treat criminals. But the problem would be solved with much less expenditure and much greater effect if you focus on how you treat children so that they do not become criminals.”
Lord Marks of Henley-on-Thames “The state of our prisons is one of the scandals of our times. They are neither humane nor civilised and they fail as places of rehabilitation and reform. The combination of overcrowding and understaffing is toxic.”
“…civilised society has a duty to ensure, by law when necessary—and experience has shown that it is—that prison is genuinely only used as a last resort; that prisons must be decent, humane and uncrowded; that sufficient staff must be employed to keep prisoners safe and secure; and that prisoners must be afforded full opportunities for education and work with a view to their rehabilitation. We should legislate to insist on achieving those standards. Only when we achieve them may we say that we have an acceptable penal system.”
Lord Beecham “I observe that we already have a world-class system—unfortunately, it is a third-world-class system. We do not know what the Government’s intentions are in respect of legislation. Perhaps the Minister could advise us. What has become of the claim in the Government press release of 23 February that the,
Historic Prisons and Courts Bill will transform the lives of offenders and put victims at the heart of the justice system, helping to create a safer and better society,
new legislation underpins measures outlined in the ground-breaking Prison Safety and Reform White Paper which will transform how our prisons operate?”
Baroness Vere of Norbiton “To reduce overcrowding, we must act in two areas. We must reform the prison estate and manage prisoner numbers.”
“I believe that the reforms and actions I have set out show how we are effectively managing the prison population, now and for the future. In an estate parts of which date back to Victorian times, there are of course significant challenges, but we know where those challenges lie and what is needed to rise to them. With our recruitment of record numbers of prison officers, with our unprecedented prison modernising programme and our focus on rehabilitation and reducing offending rates, we are getting on with that important work to build a prison systems that is safe and secure and transforms offenders’ lives.”
But is THIS the real problem
I will give the last word to Lord McNally
“We therefore have to understand that the debate today, which will be overwhelmingly 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 the reforms through.”
This is an article that I wrote last year with my good friend David Scott concerning a suffragette extraordinaire!
Constance Lytton: Living for a Cause
David Scott and Faith Spear
Vision is often personal, but a cause is bigger than any one individual
People don’t generally die for a vision, but they will die for a cause
Vision is something you possess, a cause possess you
Vision doesn’t eliminate the options; a cause leaves you without any options
A good vision may out live you, but a cause is eternal
Vision will generate excitement, but a cause generates power
[Adapted from Houston (2001)]
In Prisons and Prisoners: Some personal experiences by Constance Lytton and Jane Warton, published 100 years ago this month in March 1914, Lady Constance Georgina Bulwer-Lytton presented one of the most significant challenges to 20th Century anti-suffrage politics. In so doing she put herself forward as a “champion of women” (Lytton, 1914) in the hope that one day women would attain political equality with men.Prisons and Prisoners is a comprehensive and at times a harrowing personal account of her four prison sentences as a militant suffragette. The book is a compelling insight into the mind of a young woman consumed by a cause which would prove to be instrumental in prison reform and votes for women,as well as tragically being a contributory factor to her death.
Desperate to find some way of empathising with the other suffragettes, Constance Lytton had a desire to stand beside those who were fighting. She was with them not as a ‘spare part’ but as a comrade. Most famously, to avoid receiving special treatment and privileges as a result of her family connections, she took on the guise of ‘Jane Warton’ and in so doing personally experienced the horrors of prison, including force-feeding. Although her health suffered, her story is one which shows courage, determination and an undeniable dedication to equality and justice (Lytton, 1914).
Concentrating attention on political injustice and votes for women, Constance Lytton brought notice toclass and gender disparities in punishment and the struggles for the rights of women, always maintaining that the suffragette’s militant actions were political rather than criminal. This all from a woman that described herself as having an exaggerated dislike of society and of publicity in any form and yet remarkably was at the same time a militant suffragette who took part indeputations to Parliament and prolonged periods of penal incarceration (Lytton, 1914; Haslam, 2008).
Lady Constance Lytton is not the only woman from a privileged background who has written about her prison experiences. The famous Irish rebel, Countess Constance Georgine Markievicz (1927/1973), most well known for her participation in the 1916 Easter rising, wrote extensively about her time in prison. Indeed, her prison letters were published to huge acclaim and are still considered today to be of great political significance. In more recent times – October 2013 – Vicky Pryce, former joint head of the UK’s government economic service,published her account of her three and a half days incarcerated in HMP Holloway (12th-15th March 2013)and eight weeks inHMP East Sutton Park Open Prison (15th March – 12th May 2013). Her book, Prisonomics, which ultimately seeks to predicate penal change on an economic rationale rather than on humanitarian concerns, has not been so well received. The reaction is partly because it cannot be considered as representative of the lived realities of most women in prison,partly because of the privileged status she was accorded insideprison and thevast economic resources at her disposal,and partly because of the support she was given in writing the book and her failure to identify closely with the painful realities of other prisoners.Yet perhaps the most damning indictment comes when the book is compared to the prison writings of people like Countess Constance Markievicz or Lady Constance Lytton,for then it becomes evident just what is missing from Prisonomics.
Lytton’s experiences of imprisonment
After being arrested for being part of a deputation marching to Downing Street on 24th February 1909, Constance Lytton was sentenced to four weeks’ imprisonment in HMP Holloway. In Prisons and Prisoners,she provides extraordinarily rich descriptions of prisonconditions, daily routine, fellow prisoners and prison wardresses in Holloway prison at that time. Although initially held in the hospital wing because of her poor health, following acts of resistance which in effect amounted to self-harm,she was allowed to join other prisoners on ‘the other side’ in the main wings (Lytton, 1914). She had a brilliant eye for detail and provides a number of clear and vivid accounts of sometimes overlooked aspects of prison life. For example, she describes how her prison clothes, with broad arrows stamped over them, were often ill-fitting, stained, unironed and looking unwashed even after they had been to the laundry. Further, the poor design and cut of her prison shirt was not just uncomfortable but so bad it “looked like the production of a maniac” whilst her prison shoes were too small and painful to walk in (Lytton, 1914). The prison cells were small, bitterly cold and poorly ventilated, making it hard for prisoners to breathe, never mind stay warm. Beds were uncomfortable whilst pillows were “stuffed with thunder”, making sleep and rest difficult under the best of circumstances and, when compounded by noise, impossible (Lytton, 1914).
In Prisons and PrisonersConstance Lytton draws the reader’s attention to the lack of privacy, including the ironies of being in so many ways alone in prison yet at the same time not having the opportunity to retreat to a private space of one’s own. She recounts the monotony of prison daily routine where days collapse into each other and the general dragging of time engendering feelings of wastefulness. She complains about the rigid enforcement of petty rules and the judgemental opinions of wardresses which make prisoners feel like they belong to “a race apart” (Lytton, 1914). Insightfully, Constance Lytton also recognised the difficulties wardresses had in understanding how the pains of imprisonment shape prisoners’ experiences, for such things the prison official can only “witnesswithout sharing them”(Ibid). She rightly concludes that this results in a general failure on the part of prison officials to correctly read the feelings, meanings and actions of those they detain.
Constance Lytton acknowledged that her prison experience was mitigated somewhat by who she was. Despite the poor conditions she encountered, some improvements had been made on her arrival, including the supply of knives and forks which had not been available to prisoners in Holloway before her time there.As perhaps only an aristocrat would, she yearned for an authentic prison experience, and noted how other women prisoners seemed dejected, lifeless, listless, detached from each other and haunted by their own suffering, anxiety and bitterness (Lytton, 1914). On a number of occasions in her reflections on her time in Holloway prison,she uses her pen to poetically describe the abnormality, pain, sadness and venomous nature of penal incarceration, leaving the reader in no doubt of her repugnance of the penal machinery and its inevitably destructive results.
The prison from here looks like a great hive of human creeping things impelled to their joyless labours and unwilling seclusion by some hidden force, the very reversal of the natural, and which has in it no element of organic life, cohesion, or self-sufficing reason. A hive of hideous purposes from which flows back day by day into the surrounding stream of evil honey, blackened in the making and poisonous in result. The high central tower seemed to me a jam pot, indicative of the foul preserve that seethed within this factory for potting human souls (Lytton, 1914).
Despite all the bleakness of the prison experience, Constance Lytton emphasised above all else those moments when humanity and the human spirit were able to overcome the brutal indifference characterising daily prison routines. She writes about the kindness and compassion of other women prisoners (especially other suffragettes) and the brief glimpses of humanity that she saw hiding behind the “masks” worn by wardresses when performing their duties (Lytton, 1914). Indeed, for her such “rare occasions of gladness outweigh from their importance the much more numerous experiences of gloom, anxiety, anger and physical suffering” (Ibid). Yet she never became blinded by these brief moments of “gladness”, keeping her sights firmly upon carefully describing the “nightmare of horror” of HMP Holloway and a dehumanising system which trapped both prisoners and wardresses (Ibid).
Shortly after her release from Holloway prison, Constance Lytton was arrested and sentenced to imprisonment for a second time, on this occasion on Saturday 9th October, 1909 for throwing a stone at the car of Sir Walter Runciman in Newcastle-Upon-Tyne. Once imprisoned, she immediately went on hunger strike at HMP Newcastle. Although refusing medical examination, her health condition was still officiously checked and, afterabstaining to eat foodfor three of the days into her one month sentence (Monday 11th – Wednesday 13th October, 1909), she was released. Her release was ordered – according to Home Secretary Herbert Gladstone –because of concerns regarding her heart condition. Unlike working class women suffragettes on hunger strike in prisons, the aristocrat Constance Lytton had not been force-fed. The belief that her class background had shaped her treatment in prison led to a fundamental change in hertactics.
‘Jane Warton, Spinster’ and Walton Prison
The writings of Lady Constance Lytton on Holloway and Newcastle prisons are undoubtedly worthy of commemoration in their own right, but what she did next was truly remarkable, making Prisons and Prisoners one of the most unique prisoner autobiographies ever written. After hearing about the force feeding of a working class suffragette of her acquaintance, Miss Selina Martin, and another named Miss Leslie Hall, while on remand at Walton Prison in Liverpool, Constance Lytton hatched a plan that would entail,if necessary, “sharing the fate of these women” (Lytton, 1914). Her intention was to transcend her class background in an attempt to understand the lived experiences of working class women prisoners.In so doing, she hoped to express political solidarity with the suffering of less fortunate others and to use her own frail body as the central way of achieving this.
Whilst visiting Manchester in early January 1910, she disguised herself with a most ridiculous hair-cut, cheap glasses and even cheaper clothes and then rejoined the WSPU[Women’s Social and Political Union] as ‘Jane Warton, Spinster’ (Lytton, 1914). She had chosen her new name carefully:the first name was taken from Jeanne of Arc (Jeanne is translated as either Joan or Jane)whilst the surname was derived from her relatives the ‘Warburtons’ but shortened to ‘Warton’ to appear more ordinary.She hoped the real meaning of her name ‘Jane Warton’ would give her strength in what she anticipated would be difficult times ahead (Ibid).
‘Jane Warton’ was subsequently arrested on Friday 14th January 1910 after participating in a protest march about the force feeding of working class women suffragetteslike Selina Martin in Walton prison. ‘Jane Warton’ started her hunger strike in the police cells that Friday evening, a couple of days before she was to begin her sentence at Walton Prison. Just as she had done so under her real name, when in prison ‘Jane Warton’ refused medical examinations. There was, however, to be no further investigation into the health of working class suffragette ‘Jane Warton’ and 89 hours into her hunger strike, force-feeding began. Between Tuesday 18th and Saturday 22nd January 1910, ‘Jane Warton’ was to have liquidised food poured into a tube forced into her stomach through her mouth on eight separate occasions.
At 6.00pm, Tuesday 18th January1910 her first force feeding started. The medical officer and five wardresses entered her cell with the “feeding apparatus” (Lytton, 1914). There was no attempt to medically examine ‘Jane Warton’ and the half-hearted made attempts by the medical officer to induce her to eat unsurprisingly failed.
I offered no resistance to being placed in position, but lay down voluntarily on the plank bed. Two of the wardresses took hold of my arms, one held my head and one my feet. One wardress helped to pour the food. The doctor leant on my knees as he stooped over my chest to get at my mouth. I shut my mouth and clenched my teeth… The sense of being overpowered by more force than I could possibly resist was complete, but I resisted nothing except with my mouth… He seemed annoyed at my resistance and he broke into a temper as he plied my teeth with the steel implement… He said if I resisted so much with my teeth, he would feed me through the nose.The pain of it was intense and at last I must have give way for he got the gag between my teeth, when he proceeded to turn it much more than necessary until my jaws were fastened wide apart, far more than they could go naturally. Then he put down my throat a tube which seemed to me much too wide and was something like four feet in length.The irritation of the tube was excessive. I choked the moment it touched my throat until it had gone down. Then the food was poured in quickly; it made me sick a few seconds after it was down and the action of the sickness made my body and legs double up, but the wardresses instantly pressed back by back and the doctor leant on my knees. The horror of it was more than I can describe. I was sick over the doctor and wardresses and it seemed a long time before they took the tube out (Lytton, 1914).
When the force-feeding was over the doctor slapped ‘Jane Warton’ on the cheek and left her cell (Ibid).
I could not move, and remained there in what, under different conditions, would have been an intolerable mess. I had been sick over my hair, which, though short, hung on either side of my face, all over the wall near my bed, and my clothes seemed saturated with it, but the wardresses told me they could not get me a change that night as it was too late, the office was shut. I lay quite motionless, it seemed paradise to be without the suffocating tube, without the liquid food going in and out of my body and without the gag in my teeth… Before long I heard the sounds of forced feeding in the cell next to mine. It was almost more than I could bare (Ibid).
‘Jane Warton’ continued to vomit following being force-fed on further occasions (Ibid). Her physical frailty was noted by the medical officer but remarkably when her heart was checked by a junior doctor,he exclaimed “Oh ripping, splendid heart! You can go on with her” (Ibid). From her fourth to eighth feedings the doctor and wardresses were more gentle, for they had realised that ‘Jane Warton’ was someone else in disguise, even though they remained unsure of her true identity. Her physical and emotional strength was virtually broken and at her feeding on Friday 21st she was “convulsed with sobs” (Ibid). Following outside intervention from her family,she was released from HMP Walton on the morning of Sunday 23rd January 1910.
Writing, reception and legacy of ‘Prisons and Prisoners’
When Constance Lytton (‘Jane Warton’) was finally released from Walton prison on 23rd January,a major political scandal followed immediately. The then Home Secretary, Herbert Gladstone, claimed that ‘Lady Constance Lytton’ had been released from Newcastle prison when she went on hunger strike because she had heart disease, yet in her guise as ‘Jane Warton’ had been subjected to force feeding and was released due to “loss of weight and general physical weakness”(Lytton, 1914; Haslam, 2008). Before Constance Lytton, some 35 other women suffragettes had been force-fed whilst on hunger strike, but none of these suffragettes were members of the ruling elite and their sufferings during force feedings had largely been ignored. Lady Constance Lytton’s treatment as ‘Jane Warton’ by contrast was a major political embarrassment, although the extent of the fall-out from her revelations and the concerted petitioning of her brother and sisters remain unclear. Although Herbert Gladstone ended his tenure as Home Secretary shortly after the release of ‘Jane Warton’, it is debatable whether the two events were linked.The personal consequences for Constance Lytton of her ‘force feeding’, sadly, are undoubted. Following herrelease, she was confined to her bed for six weeks because her heart was so weak, and in the autumn of 1910 a heart seizure temporarily paralysed her. Her health never fully recovered and although the initial paralysis eased,two more years of suffering from heart seizures followed (Lytton, 1914).
Remarkably, Constance Lytton somehow found the passion and energy to continue as by this time she had personal insight complete with understanding, but most of all a strategy, and yet again she was arrested and sent to Holloway between 21st – 28th November 1911. Although the sentence was for a month, members of her family paid the requisite sum for her release and so she served one week only. Tragedy was to strike her on 5th May 1912, when Constance Lytton suffered a stroke. In Prisons and Prisoners she wrote:
… had a stroke and my right arm was paralysed; also, slightly my right foot and leg. I was taken from my flat to my sister’s house … from that day I have been incapacitated from working for the Women’s Social and Political Union, but I am with them still with my whole soul (Lytton, 1914).
This remarkable and courageous woman wrote her book Prisons and Prisoners with her left hand as a result of the paralysis. She spent the final years of her life (1912-1923) an invalid at Knebworth, cared for by her mother and hired nurses, one of which she closely befriended. As the Letters of Constance Lytton, selected and arranged by Betty Balfour (Lytton, 1925) published posthumously in 1925 indicate, Constance Lytton was a prolific letter writer prior to her stroke in 1912, but following this was able to write only very few personal letters, showing us just how much of a struggle it must have been to write Prisons and Prisoners with her left hand. Christabel Pankhurst on 20th March 1914 wrote “Prisons and Prisoners is in itself a triumph of will – a great conquest of the spirit over bodily infirmity”. Indeed it was.
The story of Constance Lytton as detailed by her own hand, and that of others, caught the imagination of both her peers and fellow suffragettes. Her story was first to come out in a fictionalised form, as a thinly disguised character in the classic Gertrude Colmore (1911) novel Suffragette Sally. Her struggle also had a far reaching effect on legislation. This can be illustrated by the Prisoners (Temporary Discharge of Ill Health) Act, which became known as the Cat and Mouse Act. It was rushed through parliament in 1913 to allow the discharge of hunger-striking suffragettes from prisons as a response to growing public disquiet about the use of forcible feeding. This Act allowed for the early release of prisoners who were so weakened by hunger striking that they were at risk of death. However, they were to be recalled to prison once their health was recovered, where the process would begin again.Though hardly a victory, political pressure continued to mount and finally,in Constance Lytton’s lifetime, propertied women aged over 30 got the vote1918.
As a consequence of her actions ‘for this cause’ (Houston, 2001), Constance Lytton had many that were grateful for the sacrifice she gave. Below are some of the many testimonies:
The Outlook (28th January 1910) “Whenever the annals of the human race are preserved, this deed of hers will be treasured up as a priceless possession”
Emmeline Pethick Lawrence (28th January 1910)
“[her act] will be written in letters of gold upon the tables of human history”
MrsCoombe Tennant, (visiting justice, 1925, cited in Balfour, 1925)
“prisons today are different from what they would have been had she not gone down into hell.”
Constance Lytton died at the age of 54. At her funeral Emmeline Pethick Lawrence placed a palm leaf on the casket, with the statement:
Dearest Comrade – You live always in the hearts of those who love you and live forever in the future race which inherits the new freedom you gave your life to win (cited in Miles and Williams, 1999).
When looking back at Prisons and Prisoners 100 years on, it is clear that the book is not only an important historical artefact in terms of publicisingthe struggle for women’s equality but also as aremarkable testimony of one women’s experience of imprisonment. Prisons and Prisoners provides insights neglected by some penological narratives of that time and directly contradicts official reports and documents–most famously those of then Home Secretary, Herbert Gladstone (see Haslam, 2008). Undoubtedly, Prisons and Prisoners continues to humanise prison studies and to enrich understandings of prison life, both past and present.
It also provides an antidote for those drawn to the publicity-craving celebrity autobiographies of the political elite imprisoned for their own corruption. When contrasting Constance Lytton’s Prisons and Prisoners with the more recent Prisonomics by Vicky Pryce (2013)it seems the two books provide almost a mirror image of each other. Prisons and Prisoners is a personally courageous attempt to uncover the terrible truth regarding the experiences of both ordinary prisoners and suffragettes. Rooted in radical and emancipatory politics, it questions imprisonment because it is a dehumanising environment creating unnecessary human suffering. In comparison Prisonomics central focus is upon the economic, rather than human, costs of penal incarceration. But what distinguishes the two books more than anything else is the political commitments of the authors to their given cause. Whereas a strong political commitment is evident in nearly every act undertaken by Constance Lytton as described in her autobiography it is noticeable in the main through its absence in the writings of Vicky Pryce. As such it is difficult to imagine commemorating the publication of Prisonomics in the next century.
Nonetheless Prisons and Prisoners, and what it attempted to achieve, isalso not without difficulties. Despite her best efforts, it was always an impossible ambition for Constance Lytton to entirely transcend class boundaries and gain an experience that could reflect the lived realities of ordinary women prisoners. Even as ‘Jane Warton’ she could never experience the restricted choices and power-differentials shaping pre- and post -incarceration for working class women offenders. Her understanding of working class women in prison was always informed by a pastoral and maternal ideology rather than by an ideology of political emancipation and resulted in a tone which in the main sought to foster sympathy for prisoners through their ‘victimhood’ rather than actualising change motivated by an understanding of prisoners as free-willed autonomous agents. Consequently, whereas suffragette women prisoners (Constance Lytton included) are presented as engaging in acts of resistance, working class criminal women prisoners are constructed as passive and unable to fight back against penal oppression (Lytton, 1914).
Furthermore, Constance Lytton made little progress in providing a platform from which the actual voices of either working class women suffragettes or ‘ordinary’ prisoners could be heard, although her stroke and subsequent paralysis in 1912 may have made such endeavours physically impossible. Nevertheless, in Prisons and Prisoners and in the wider writings of Constance Lytton (Lytton, 1909, 1910a, 1910b), we only ever hear her privileged voiceand significant though this is, it can only provide us with a partial narrative of that historical moment. Despite these concerns, the courage, bravery and commitment of Constance Lytton to expose the brutal treatment of working class women in prison, whatever the cost to her fragile health, must be recognised for the heroism it undoubtedly was. It represents a victory of the human spirit overwhat appear to be insurmountable odds and,100 years on, is a story that can inspire those working against dehumanisation and for human equality in all of its rich and wonderful diversity.
Balfour, B (1925) “Introduction” in Lytton, C. (1925) Letters of Constance Lytton, selected and arranged by Betty Balfour London: Heinemann
Gertrude Colmore (1911) Suffragette Sally Toronto: Broadview Press
Haslam, J. (ed) (2008) Prisons and Prisoners: Some Personal Experiences by Constance Lytton Toronto: Broadview Press
Houston, B. (2001) For this Cause: Finding the meaning of life and living a life of meaning. Castle Hill: Maximised Leadership Inc.
Lee, A. (2008) Suffragette Sally by Gertrude Colmore Toronto: Broadview Press
Lytton, C. (1909) No votes for Women”: A reply to some recent Anti-Suffrage Publications. London: A. C. Fiefield
Lytton, C. (1910a) “A Speech by Lady Constance Lytton, Delivered at Queen’s Hall, 31st January 1910” pp 326-332 in Lee, A. (2008) Suffragette Sally by Gertrude Colmore Toronto: Broadview Press
Lytton, C. (1910b) “The prison experience of Lady Constance Lytton” in Votes for Women28th January 1910 pp 301-305 in Haslam, J. (ed) (2008) Prisons and Prisoners: Some Personal Experiences by Constance Lytton Toronto: Broadview Press
Lytton, C. (1914) Prisons and Prisoners: Some Personal Experiences by Constance Lytton and Jane Warton, Spinster London: William Heinemann
Lytton, C. (1925) Letters of Constance Lyttonarranged by Betty Balfour London: Heinemann
Markievicz, C. (1927 / 1973)Prison Letters of Countess Markievicz London: Virago Press
Miles, P. And Williams, J. (1999) An Uncommon Criminal: The Life of Lady Constance Lytton, Militant Suffragette 1869-1923.Knebworth: Knebworth House Education and Preservation Trust
Pankhurst, C. (1914)“A Prisoner’s Book” inThe Suffragette, 20th March 1914, pp 323-326 in Haslam, J. (ed) (2008) Prisons and Prisoners: Some Personal Experiences by Constance Lytton Toronto: Broadview Press
Pethick Lawrence, E. (1910)“Lady Constance Lytton” in Votes For Women28th January, 1910, pp 314-315 in Haslam, J. (ed) (2008) Prisons and Prisoners: Some Personal Experiences by Constance Lytton Toronto: Broadview Press
Pryce, V. (2013)Prisonomics London: Biteback
Scott, D. & Spear, F. (2014) “Constance Lytton/ Jane Warton Prisons and Prisoners: 100 years on” in Howard Journal of Criminal Justice, September 2014
The Outlook (1910) editorial of Votes For Women, 28th January, 1910 pp 311-314 in Haslam, J. (ed) (2008) Prisons and Prisoners: Some Personal Experiences by Constance Lytton Toronto: Broadview Press
David Scott teaches at Liverpool John Moores University. He is a former coordinator of the European Group for the Study of Deviance and Social Control and an associate editor of the Howard Journal. He is currently completing a book for Palgrave entitled The Caretakers of Punishment: Power, Legitimacy and the Prison Officer.
Faith Spear is an independent Criminologist and is a member of the Reclaim Justice Network steering group and Vice-chair of the Independent Monitoring Board (IMB YOI/HMP Hollesley Bay).
For further details, see Lytton (1909).
HMP East Sutton Park is a Grade II listed 16th Century building
Criticism includes the limited time she spent inside and her social background before and after prison.
 Undoubtedly relationships were distorted as both fellow prisoners and prison officers knew who she was and that she writing a book. She also brought more than £1490 in cash into prison. This level of economic resource can be contrasted to that of ordinary prisoners whose weekly wage is around £10-£15.
Four researchers were paid to collect data for part two of the book; much of the book refers to lifeoutside the prison; and whilst she writes about ‘lovely’ people, things and places (i.e. pages 49, 68, 74, 79, 98)and ‘kindnesses’ (i.e. pages 18, 42, 84), she distances herself from acknowledgingpainful prison realities.
For discussion on this see Haslam (2008).
 For further details on this classic text see Lee (2008).
The struggle for the vote for working class women continued until 1928, after Constance Lytton had died.
This morning I was pleased to attend the Justice Select Committee meeting. It was the first one with Rt Hon Michael Gove MP being called as a witness in his new role as Lord Chancellor and Secretary of State for Justice.
The session was recorded on video. Watch it here.
Getting down to business
After an exchange of pleasantries and mutual congratulations on appointment, the committee set about putting forward questions on important issues such as safety in prisons, rehabilitation, absconds from Open Prisons, court closures, and court and tribunal fees. This was good to see; Select Committees sit to scrutinise Government policy and progress.
This Justice Select Committee meeting came just a few days after the publication by the HM Chief Inspector of Prisons for England and Wales’ Annual Report 2014-15, in which Open Prisons have been highlighted once again.
On the same day as the HMIP Annual Report, Nick Harwick also published the unredacted version of the report on Release on Temporary Licence (ROTL) featuring three high profile cases of prisoners who each committed awful crimes whilst out on ROTL has challenged the current risk assessment within prisons.
The cases of Ian McLoughlin, HMP Springhill, Al-Foday Fofanah, HMP Ford and Alan Wilmot, HMP North Sea Camp were highlighted by Hardwick of where those on ROTL committed the same offence as they were sent to prison for in the first place, giving rise to questioning on whether there is ‘Rehabilitation’ in prison.
You can read the report here.
This was raised by Philip Davies MP when asking Mr Gove “what are you doing to protect the public from these future awful consequences?”
His reply was “…transfer to open prison should only follow an appropriate risk assessment.” He then added …”there will always be cases where there are individuals even if they have committed very serious offences may be suitable for a transfer to an open prison. Each case has to be judged on its own individual merits”. However, the underlying message was that public safety is paramount.
It was clear that Mr Gove was new to the job, there were many err and ums in his answers, but he did assure the committee that he would be happy to return when he had reviewed various aspects within the justice system.
So will I.
At the beginning of the month (5th – 7th Feb 2015) I attended the IMB conference. It was my first after over 2 years serving on the board at HMP/YOI Hollesley Bay, 14 months as Vice-chair.
After the formalities of opening the conference by IMB President, John Thornhill, we were introduced to one of the key speakers Mr Andrew Selous MP, Minister for Prisons, Probation and Rehabilitation.
And then it got very interesting!
He told us that, according to the Ministry of Justice, these were the priorities:
- Family relationships
- Work and time out of cells
The following day, to a guest panel (Frances Crook, Chief Exec of The Howard League for Penal Reform; Paul Baker, Deputy Director of Custody East Midlands, HMPS; Ben Gunn, former long serving prisoner and Clare Checksfield, Director of Returns in the Home Office), I put the following question:
“Firstly I would like to congratulate The Howard League on the books for prisoner’s campaign. Secondly the Minister yesterday explained the MOJ’s priorities were Education, Family relationships and Work including time out of cells. Do you agree and do you see them implemented?”
Let’s start with Education. On this priority, Frances Crook responded by saying that “MoJ priorities are fiction”. She went on to say,
“Don’t send people to prison to get an education, send them to college. Prison education budgets have been realigned so they focus on basic skills, which is all very well but what about the 30,000 adult men who are serving long sentences and who now get little education beyond the three Rs”.
I still come across prisoners that have served many years in prison and still struggle with basic reading and writing. But should we be blaming the prison system, what happened for them to enter prison without these skills, not a straightforward issue?
Well I’m sure many of us have heard about Jonathan Robinson and his experience when he was trained to teach other in-mates to read yet, when in an open prison, was prevented by the then head of Education.
However, four years later and with new staff this same prison has just been awarded ‘Outstanding’ from Ofsted. Change does happen!
On this priority, Frances Crook shared that desistance is about relationships, engagement, commitment, consistency. Prisons cannot fulfil this.
One of the workshops I attended was overseen by two very enthusiastic women from HMP/YOI Parc entitled ‘Family Interventions, Supporting Positive Family Involvement. They work with the whole family and look at their needs in order to reduce offending, reduce inter-generational offending and encourage community inclusion. In the Family Intervention wing Safe Ground runs a couple of courses, Fathers Inside and Family Man aimed at teaching essential fathering skills.
Work and time out of cells
On this priority, Frances Crook said,
“Time out of cell is disappearing as staff cuts are so swingeing. Latest figures show in the last six months of last year the big city prisons were still losing staff. Morale is at an all time low, MoJ survey showed that, and sickness rates sky high.”
There are many stories that prisoners spend up to 22 or 23 hours locked in their cells but with the shortage of staff very little can be done.
Work is an essential element to prepare for release and what is needed is more companies willing to take on those with a criminal record.
A couple of months ago I spoke to a group of people about ex-offenders being re-integrated back in society, all were for it and all thought it was an important step… until I asked
“what about your society?”
Daughter: Did you just say Mum’s visiting a prison in London with an author and an actor off Eastenders ?
Son 1: If I stop someone from killing someone else and in so doing I kill them, am I a bad person or is it just what I have done bad?
Son 2: Did you really sit in a room with prisoners, what if they were murderers?
Boyfriend of daughter: Wow, you were in the audience and sat with prisoners?
Are these the kind of conversations you have with your family?
Over the past four years I have met many prisoners who all had one thing in common: they just needed someone to believe in them, to listen to them and to help them whilst in prison and once their sentence had ended.
I’ve found that, for some of them, criminal activity had become a way of life; they knew nothing else and would most likely continue in the same way after release. For others, falling into crime was a result of a stupid decision or action, often spontaneous, which had got them in to trouble with the law, convicted and sent to prison; they felt a debilitating remorse and that they had let themselves and their families down.
Crisis – what crisis?
We read that the prison population continues to rise, overcrowding in prison seems to be the norm rather than the exception and violence, suicides and self-harm are weekly occurrences. There is tragedy after tragedy yet we are told that there is no crisis in our prison system.
So what should we do? One solution is to accept the status quo and keep our heads in the sand. Another is to actually address the issues. But, as I keep hearing, this has to be a coherent team effort.
Not settling for the status quo
In January, I visited a London prison and was accompanied by NoOffence! Patron, actor Derek Martin (Eastenders’ Charlie Slater) and author Jonathan Robinson (@IN_IT_THE_BOOK) from their Advisory Board. I’ve already blogged about the visit and the lessons I took away from that experience.
At a peer mentoring conference last year, I met with Rob Owen OBE the chief executive of St Giles Trust, an Ambassador for NoOffence!
St Giles Trust aims to help break the cycle of prison, crime and disadvantage and create safer communities by supporting people to change their lives.
Next week, I will be meeting Geoff Baxter OBE the CEO of Prison Fellowship who is also an Ambassador of NoOffence!
This is just a small sample of the organisations that work to improve the lives of offenders, there are many more.
I’d dearly like to explore how these organisations can find more ways to work together; these plus leaders such as Howard League perform outstanding work as organisations in their own right. Just imagine what could be achieved if new ways of working could be agreed to improve the Criminal Justice System.
In December 2012 I was accepted by the Secretary of State to the Independent Monitoring Board (IMB) of an open prison. To carry out my duties effectively, the role provide the right of access to every prisoner and every part of the prison I monitor, and also to the prison’s records. Independent monitoring ensures people in custody are treated fairly and humanely; I take this work very seriously.
When I started working in prisons it was as a group facilitator for Sycamore Tree, a victim awareness programme teaching the principles of restorative justice. For many offenders on Sycamore Tree one of the most powerful element of the programme is when a victim of crime visits to talk with the group how crime has impacted their lives. In week 6 of the programme, participants have an opportunity to express their remorse – some write letters, poems or create works of art or craft. Members of the local community are invited to the course to observe the many varied symbolic acts of restitution.
I’ve seen some remarkable lives turned around among offenders who make it to this stage of the programme. Okay, you argue, there is no way these outcomes can be achieved in 100% of cases. I agree.
But programmes that provide education and encouragement have to be a more purposeful activity and more effective towards increasing the chances of better outcomes with more offenders than them simply being banged up for 23 hours a day with the TV.
But all it takes is a bit of coherent team work.
I like what NoOffence! says in their mission statement and vision:
Mission Statement: NoOffence! will encourage, promote and facilitate the collaboration of organisations from the voluntary, public and private sectors to address the issue of reducing crime and reoffending.
Vision: To be the leading online criminal justice communication, information exchange and networking community in the world. Our vision for NoOffence! has always been to bring justice people together to overcome barriers to rehabilitation. We believe the solution to complex justice problems lie with the people…
They have got a point, haven’t they?
I for one would be open to try to forge more collaboration than we see today. And I know I’m not alone in that view; many others are prepared to voice a similar willingness and appetite for supporting each other.
Actions speak louder than words. Let’s get on with it.
Continue the conversation on Twitter #rehabilitation
Well I have now visited Cat A, B, C, D and a YOI just leaving women’s estate which is on the agenda and an IRC.
Cat B yesterday, I must say it was not what I expected, Razor wire yes, heightened security yes, but not what I would call a “typical” prison environment.
I accompanied an actor and an ex-prisoner who campaigns for prison reform; Derek Martin an Eastenders actor and Jonathan Robinson, who I nick-named the “Dynamic Duo”.
My reason for visiting this prison was that after hearing good things about staff and their attitude towards prisoners with encouragement and motivation, I wanted to see for myself and not rely on the accounts of others.
This planned event started around 12.30, where the three of us met in the prison car park. I had met Jonathan before at various events but it was a first with Derek who came across as such a likeable character I was sure it was going to be a memorable afternoon!
On the inside
Fast tracked through security we waited in a through room for our host the Librarian and Learning Leader. Wow was he tall (well most people are tall to me)
Our first port of call was the library, what a vibrant organised room, a place where you would just want to learn in. Education was encouraged. There were colourful posters covering the walls, some of which showed previous guest appearances and reading schemes. You might say “a library is a library” what’s so special about a library?
But this was in a Cat B prison! I would have been quite happy to curl up on their sofa with a good book for a couple of hours.
I then expected just to go to the room for the talk given by Derek, instead we had a cuppa in the visits hall, a large bright modern room, laid out in small seating areas, well stocked kids play area and a purpose built coffee bar. Although I didn’t see it, the staff raved about the new baby unit just off the main hall.
It was good to chat with staff about the ways that families are supported with one member in prison. There was such a relaxed atmosphere which reflected the staff’s willingness to engage with the inmates. I believe maintaining family ties are such an important element in the rehabilitation programme. They even had incentives to enable inmates to earn extra time with their loved ones.
Our visit included Tesco express well the store for prisoner’s canteen, a wing, cell, laundry and the impressive gym. I started talking with a very enthusiastic member of staff who I immediately warmed to. Her determination to work with the prisoners to achieve was remarkable. As with my work, I meet many in prison that have never achieved anything positive in their lives. This was not something that this staff member was going to accept, she explained when faced with barriers there was always a solution even to the point of condensing courses, providing material in Braille and help with dyslexia.
Yet again education was encouraged at what ever age and what ever ability.
Sure, the celebrity guest was Derek, but we all were treated so well. Walking towards the multi-faith room. cheers went up from inmates and staff alike as they recognised Charlie (Derek).
On finally reaching the room, Derek and Jonathan sat at the front and Derek addressed the audience. Then the entertainment began with Derek’s sense of humour being displayed as he recounted story after story. Then it was time for the questions from “where can you buy pie and mash?” to “how can you be an extra on a television show?”
I enjoyed the chatting afterwards with the inmates; many wanted a signed poster from Derek or a copy of Jonathan’s book IN_IT.
So what effect did the day have on me?
Today I have been going over and over in my mind the experiences of yesterday:
- I met inspirational staff who enjoyed their job
- I saw respect from staff and inmates
- There was no heaviness in the air that I have experienced at other prisons
- There was a hunger to learn
- At no point did I feel vulnerable
- There was a sense that the staff were all singing from the same hymn sheet
- Rehabilitation in prison can and should start from day one
- Even short sentences can be filled with purposeful activity
- Prisoners taking responsibility
- Education is a key to rehabilitation
Now I’m not saying this prison is perfect, there are issues facing the whole of the prison estate. But good practice needs to be shared.
We cannot sit by and see wasted lives within a prison environment, rehabilitation is the key to breaking the cycle of reoffending and yet its not about money, its more about attitude.
Tuesday 9th September 2014
Entering into Westminster Hall with its stone floor, places where famous people have stood and given speeches and seeing police with weapons can make you wonder where on earth you are. But walking up the steps at the back you enter a statue lined corridor and then you enter the lobby, beautiful architecture which never ceases to amaze me. I half expected to see Nick Robinson conducting an interview, instead I met Jonathan Robinson, an ex-prisoner, now author and prison reform campaigner.
Jonathan Robinson along with Paula Harriott, Head of Programme, User Voice, Angela Levin, former Chair of HMP Wormwood Scrubs Independent Monitoring Board, and Deborah Russo, Prisoners’ Advice Service were witnesses giving evidence on Prisons: Planning and Policies in front of the Justice Select Committee. The complete oral evidence is available from the following link:
I decided to sit in the public area and hear each witness in order to gain insight into what is actually happening in prisons. It is important that prisoners are rehabilitated whilst inside and one way is through using the skills that are present within the prison population itself.
The Toe by Toe project run by the Shannon Trust is an excellent example of this, where literate prisoners help those that are illiterate. This is a peer-to-peer mentoring program. Not being able to read has a negative impact on job prospects and also self-esteem. It’s quite shocking when prisoners that have been in the prison estate many years face release unable to read!
Jonathan Robinson has spent the last three years pushing for prison reform, he has written on his own personal prison experience and is a voice for those inside. He champions mentoring and is on the Advisory Board for NoOffence CIC!