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HMP Berwyn: Does it raise more questions than it answers?

A bright summer’s day. A short car journey, a train, 2 tubes, 2 more trains and I finally arrived after more than 5 hours of travelling, into Wrexham. I’ve come to HMP Berwyn. I’m here with an open mind and at the invitation of the No 1 Governor, Russell Trent.

HMP Berwyn is not very well signposted, it’s as if the locality is reluctant to admit such a place exists in their own backyard. On the way here, I asked some locals for their opinion on the prison, its location and its size given that it is not yet at full capacity. Many local people were hesitant in speaking about it. Others were really bemused when I said I was on my way there to meet the Governor.

“Well, they need to build a bigger car park”, one local said.

On arrival, from the outside, it resembles a business park not a prison.

HMP Berwyn visiting hall by North Wales Daily Post 1488378192745 450px

Entering through large open doors I was greeted by a uniformed officer with a friendly face who showed me the lockers for my bag and phone, and the door to enter the prison. But it was the wrong door. I wasn’t asked why I was there or even who I was. I was sent back outside to another door, this time I approached a glass window and said I was here to see Russell Trent. Simple.

Unfortunately, the officer there had no record of my visit. Great start. I was then asked to put my driving licence onto the window, so they could read my name. Bingo, the glass screens opened, and I was inside.

I fully expected to be patted down. I wasn’t. I expected an officer to pass a wand over me. They didn’t. This surprised me.

The site is huge. I was immediately impressed by the overall cleanliness, both inside and out, the wide-open spaces between communities and grass, yes real grass, and flower beds. There was even a small area where they hold services of remembrance.

Berwyn Values

V = value each other and celebrate achievements

A = act with integrity and always speak the truth

L = look to the future with ambition and hope

U = uphold fairness and justice in all we do

E = embrace Welsh language and culture

S = stick at it

Sitting on a comfortable sofa opposite Number 1 Governor Russell Trent in his office, he pointed out the motivational quote on the wall.

“When a flower doesn’t bloom you fix the environment in which it grows not the flower”

But motivational quotes are everywhere throughout the prison, on stairwells, in corridors alongside photos of Wales. Another one that caught my eye was:

“You have got to be the change you want to see”

The Governor handed me a small pack of cards; each card represents a different Berwyn practice for each day of the month.

Day 1. We recognise achievements and celebrate successes #thankyou

Day 2. We actively listen to each other and make eye contact #respect

Day 3. We offer and ask for help and feedback #support

You get the idea.

This is a first, I have never brought anything out of a prison that I haven’t taken in and I have never seen such motivational material in quite the same way in any other prison I have visited. And I’ve been to every category of prison, more than once.

Having the opportunity to accompany Governor Trent as he did his rounds meant we could talk as we toured communities, healthcare, college, library, horticulture, accommodation, etc.

HMP Berwyn landings by Wales Online 344874988001 450pxI watched as well as listened, as I always do, with my notebook at the ready for contemporaneous note taking.  Governor Trent appears to be on the ball, knowing the names of the men and their sentence. Many politely came up to him with a query or problem they wanted resolving. If he didn’t have the answer, then he signposted or agreed to meet them later. I did find it odd when he was called “Russ” and even “Trenty”. I thought that was a bit over-familiar considering the whole ethos was of respect. Something didn’t quite add up.

In various conversations, the name of a certain community came up more than once and so did the name of a member of staff. It appeared some men felt fobbed off by this individual. I chose not to probe this but preferred to watch how it was dealt with.

I was introduced to the prosocial model of behaviour, a rehabilitative culture, making big feel small, the principle of normality and much more. Yes, Governor Trent is driven and considering over 90% of frontline staff have never worked in a prison before he has to sell his regime not only to the men but to the staff also.

The Ministry of Justice is very good at musical chairs, moving leaders around the prison service. It makes me wonder how long Governor Trent will remain at Berwyn.

Can Berwyn culture function without him and will the vision live on without his oversight?

Or will the settling cracks be more prominent or permanent?

In March 2018 there was a Death in Custody at Berwyn. The Prison and Probation Ombudsman (PPO) is still investigating and this death is unclassified as the cause is not yet known. I will not jump to any conclusions.

What I can say is during my visit I neither saw nor heard nor smelled any signs of drug abuse or spice.

Health and Wellbeing

Page 12 of ‘Rehabilitative Culture at Berwyn‘ states that “promotion of health and wellbeing is the responsibility of all whether they are living or working at Berwyn”. I think that collective ownership like this is a good thing because it means that the sole responsibility is not just carried on the shoulders of the healthcare team. The reason why this is good is because it replicates what goes on in the wider society.

I saw team sports in action, outdoor gym equipment and the outdoor running track. One initiative that caught my interest was the ‘Governor’s Running Club’. Men were proudly wearing their t-shirts which they were entitled to have once they had attended 5 successive weeks. Governor Trent emphasised to me that it was more about the commitment than the fitness.

Whilst all this looks favourable, one question I still have is the level of staff sickness at Berwyn. In ‘Annual HM Prison and Probation Service digest: 2017 to 2018, Chapter 15 tables – Staff sickness absence’ for the period 1st April 2017 to 31st March 2018 there were 3,628 working days lost (see Table 15.1, Column U, Row 18). It raises a concern as to why this is, given that Berwyn is not at full capacity and new communities are only opened once sufficient staff are in place.

 Purposeful Activity

It’s all very well having unlock at 08:15 and lockup at 19:15 but if the industries, education, workshops, purposeful activities are not there then what?

And what do we mean by purposeful activity?

I saw one of the workshops, sewing prison regulation towels. A monotonous task, processing the same off-white coloured towelling. I’ve seen the same activity in other prisons such as HMP Norwich. Why is this happening in Berwyn? If sewing is to be one of the “purposeful activities” then surely this could be expanded to sewing something less bland and uninteresting using acquired skills that may be genuinely useful on release. For example, Fine Cell Work showcases how this is possible both inside and after release with their post-prison programme.

In another workshop I saw, I felt I was looking at something more purposeful; it was a call centre, provided by Census Group, run by a woman who was keen to praise the men in her group. I could see how skills learned here could translate into meaningful employment on the outside as well as provide interest, variation and a challenge for those participating in this activity.

I briefly stepped into the College building housing the prison library. If it wasn’t for the jangling of keys you could have been in any educational institution.

 Accommodation

Whereas I had expected the heat, because my visit was in August, I had not expected the temperature levels inside on the landings of the communities and in the rooms I visited. It must have been at least 30 degrees.

I had heard a lot about the rooms here and saw many photos. However, you need to walk in one to fully understand the scale. For the rooms which are single occupancy they are compact, but I’ve seen smaller. A raised bed, with storage underneath, a desk with monitor, a plastic moulded chair. It has a shower/toilet/wash basin in the corner with a short curtain acting as a screen. And a small safe for locking away any medical supplies and that’s your lot.

Unfortunately, with only 30% of the rooms in Berwyn built for single occupancy the majority of the men have to double up.

HMP Berwyn double occupancy room by North Wales Daily Post 1488378201460 450px

In the double-occupancy rooms, it is the same layout for two but only slightly wider and another small bed with storage underneath. To share a room with someone you have never met and to have so little privacy going to the toilet or having a shower is entirely unacceptable for a new build prison in the 21st Century.

Here is where I have a problem with Berwyn as a model for Titan prisons.

According to ‘The Report of the Zahid Mubarek Inquiry’ published in June 2006, (download the PDF here) there were three main recommendations concerning enforced cell-sharing:

  1. The elimination of enforced cell-sharing should remain the objective of the Prison Service, and the achievement of this goal should be regarded as a high priority.
  2. The Prison Service should review whether the resources currently available to it might be better deployed towards achieving this goal, without compromising standards in other areas, and should set a date for realising this objective.
  3. If the resources currently available to the Prison Service are insufficient to produce a significant decrease in enforced cell-sharing, central government should allocate further funds to the Prison Service to enable more prisoners to be accommodated in cells on their own.

I’m sure I’m not the only one to be astonished that after 12 years these recommendations were not incorporated into the planning of Berwyn. They were made long before the architects’ drawings were prepared and before any ground works were dug.

How can the concept of a Titan prison be a showcase, a flagship, when recommendations such as these are willfully overlooked? Was it in pursuit of lower unit cost per prisoner?

 Economies of scale

If it is such a flagship of the Ministry of Justice, a social experiment, a regime extraordinaire, or whatever you wish to call it, why hasn’t the Secretary of State for Justice or the Prisons Minister visited? I will urge them to come and see Berwyn for themselves.

I already have my doubts that Berwyn will ever reach its full capacity so in that case what is stopping it from turning all double rooms into single occupancy?

It has been built to 70% double, 30% single rooms, like a Walmart of the Prison Service, pack them high, sell them cheap

During my visit I was informed that the cost per head was £14,000. Afterwards, I contacted Berwyn to confirm and was told £13,500 per head. Compare this to the average annual overall cost of a prison place in England and Wales at £38,042 in 2017, according to Ministry of Justice report on ‘Costs per prison place and cost per prisoner by individual’, £35,182 in 2016 (download the 2017 PDF here and the 2016 PDF here). See: Table 2a, Summary Comparison

I wouldn’t be surprised if the figure was more like £11,000 – £12,000 per head at Berwyn, its “economies of scale” achieved by factors such as low salaries of frontline staff in their first year of service being the predominant workforce here.

 The Berwyn Way

All the men arriving into HMP Berwyn are given Enhanced IEP status. The idea behind this is that the men then have to take some personal ownership to maintain that level. In other words, it leaves no room for incentives to improve status but only punishment if you don’t make the grade. In my opinion, it makes a nonsense of the IEP system and is inconsistent with many of the sending prisons of which there are 65. Is this demotivating those who have worked hard to achieve Enhanced elsewhere?

I remember when the last changes with IEP came into effect with Chris Grayling. Working in a prison where most of the men were on Enhanced yet half of them did not fulfil the new criteria to be on Enhanced. This brought about a two-tier system when people were transferred into the prison as they had to adhere to the new rules. This issue alone can have a big impact on the culture and effective daily operations inside a prison. I feel the same pitfall maybe true of Berwyn, albeit inadvertent.

I noted later that in the document ‘The Berwyn Way’ 3. Strategic priorities, Rehabilitative culture.

3.8 An important part of the realisation of Berwyn’s rehabilitative culture will be changing behaviour by reward, not punishment and everyone will work hard to uphold this ambition.

How can this be so when the IEP system is used not to reward, but to punish?

There is a clear disconnect here.

Respect: to get it you must give it

I noted that on one occasion entering a community, staff immediately stood up as we entered. My immediate thoughts, was this just a mark of respect or fear of reprisal later?

I rather hope it is the former rather than the latter.

But I have been in enough SMT meetings in other prisons, where Governing Governors have mouthed off over even a trivial matter, to know how that could have been out of fear.

I shook hands with many members of staff and the men housed there. Some men apologised for their language even though it wasn’t aimed at me. This showed self-awareness which is a vital characteristic in life as well as in living in a prison.

I came away with a brochure about the rehabilitative culture at Berwyn, a document on ‘The Berwyn Way’, a desk top flip chart and pack of cards of the Berwyn Values.

Summary

I’m commenting on a regime, I’m not criticising any individual. I’m evaluating and analysing what the consequences might look like for Berwyn based on what I have personally seen and heard.

The model of single-occupancy rooms is not a luxury, it’s a necessity.

It is time HMPPS stops putting profit before people.

Positive reinforcement of behaviour works much better than penalties.

In my opinion I would have to say, on the balance of probability, there should never be another prison built on the scale of Berwyn.

 

Featured photo courtesy of Inside Time which tweets as @InsideTimeUK

On-page photos courtesy of North Wales Daily Post which tweets as @dailypostwales

 

This visit to HMP Berwyn took place on Thursday 2nd August 2018.

My time and expenses were entirely self-funded.

 

~

Why Rehabilitation is a Right Prisoners are Entitled to: Adam Meylan-Stevenson

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.

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Adam Meylan-Stevenson

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.

Adam Meylan-Stevenson
adamcobblers@gmail.com
@Adammeylan_s

References

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.

Why rehabilitation is important for society

 

FMSpear 2 BBC News 960px x 300px

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…” 

https://www.gov.uk/government/speeches/from-the-wings-to-the-workplace-the-route-to-reducing-reoffending

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”

https://twitter.com/unlockcharity/status/1008633161478176769

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)

https://www.theguardian.com/commentisfree/2013/nov/01/prisoners-are-our-future-neighbours-so-is-rehabilitation-such-a-dangerous-idea   

 

first published on http://www.raggeduniversity.co.uk 

StandOut: Giving prisoners another chance

I am relieved that the Secretary of State for Justice, David Gauke has at last addressed some of the fundamental issues that prisoners face; job opportunities can be scarce and are often limited on release from prison.

His speech at the Education and Employment Strategy Launch at HMP Isis on 24 May 2018 entitled “From the wings to the workplace: the route to reducing reoffending” stated that the first step is education.

I have noticed prisoners are invariably portrayed in the media as those having a low IQ and a high percentage with a reading age of an 11 year old. Yet, what they don’t report on is that there are intelligent prisoners, having skills that could benefit other prisoners and need something worthwhile or in other words purposeful activity to do whilst in prison.

I once spent time talking to two prisoners, both were sentenced for fraud and both were so bored. They didn’t want to retrain in bricklaying or painting and decorating or learn how to clean different types of flooring! They wanted to use their brains, but prison and especially resettlement prisons do not cater for that.

The second point David Gauke raised was moving from jobs on the wings to jobs in the workplace. Unfortunately, there are not enough links with the outside community, and too few businesses are willing to give prisoners another chance, but without a fresh start it is impossible for them to be reintegrated back into society.

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?

On the Unlock Opportunity, David Gauke continued to say:

“…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.

Our New Futures Network will do just that. It will create stronger links between prisons and employers, championing prisoners and acting as a broker between prisoners and employers.”

I am encouraged by this, but I feel there is something missing.

Does departure from a society that has basically forgotten your worth expect a re-introduction without barriers?

Those that have served a prison sentence often have a loss of confidence, self-esteem, and motivation, which can make the job market difficult to access.

Any course that can help navigate and offer guidance for this can only be a good thing.

A couple of weeks ago I was invited to HMP Wandsworth to attend the celebration of trainees completing the StandOut course by a friend Penny Parker.

Wandsworth Prison by Derek Harper CC BY-SA 2.0 geograph 1030498 450px

Photo: HMP Wandsworth by Derek Harper CC BY-SA 2.0

It is designed to equip people with the tools and skills to gain employment using coaching techniques to build self-confidence and self-esteem, to raise aspirations and motivate trainees to release their potential. This is done by challenging mindsets and attitudes, encouraging teamwork, leadership and developing communication skills.

Straight away I could see such a great rapport between the attendees and the trainers and for a moment I forgot I was in a prison. The celebration was a way of giving the men a chance to have their say and receive encouragement through positive recognition.

One attendee commented:

“I learnt resilience, learnt about the skills I already had. I feel like have been rehabilitated and that I have the tools to make it”

Each attendee, some with more confidence than others stood up in front of us and shared what the course had done for them. It was then the mentors turn and each described how they had witnessed the attendees moving forward week by week, celebrated their strengths and instead of just shaking their hand and giving out the certificates they paused and gave each one a challenge.

It wasn’t a well done pat on the head and then let’s move on to the next. It was a way of helping each one progress to the next stage in their journey.

The second and third stages of StandOut are the continued support (essential) through one-to-one coaching until release from prison, and then on a voluntary take-up basis, for as long as each trainee wishes after release.

I will finish on this StandOut story:

Ryan completed the first ever StandOut course in Wandsworth HMP in March 2017. He had been persuaded to come along to the course by a friend and wasn’t entirely sure what he was signing up to. His family kept his incarceration a secret from everyone and when he would call his mother would say he was calling from university. Ryan had never had a job before.

Ryan quickly began to engage with the StandOut course, enjoying the challenges of presentations, mock interviews and writing his CV and disclosure statement. He also grew in his desire to take responsibility for his choices and became determined to make positive steps when he returned home.

Once released things weren’t immediately straightforward for Ryan. A lead with an employer who had promised him a role ended in a dead end and despite showing initiative and determination he also failed his first attempt at his CSCS card.

However, Ryan was determined to prove his resilience and kept on pushing doors. All the time he was in contact with StandOut, asking for advice and keeping them informed.

We recently spoke to Ryan and he has now secured not one but two jobs. He is working as a courier and has also secured a job as a concierge. The concierge job was given to Ryan partly because he had the guts and honesty to hand the interviewer his disclosure letter. Ryan is now enjoying getting up at the same time as the rest of his family and joining them as they all leave for work

 

Our Prisons are in crisis: Prison overcrowding debate

“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 of Lords.

I was there in the Public Gallery 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?

Coincidentally, 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.

That 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 on is not prison population”.

thatcher-07-sept-2016-100546

I have tried to pick out some of the main points made during this House of Lords debate below

Lord Brown of Eaton-under-Heywood was very clear when he said, “Warehousing has largely replaced rehabilitation”. He had four recommendations:

  1. Send fewer people to prison and for shorter terms
  2. Indefinite sentences, which are now commonplace, should become a rarity
  3. Facilitate prison release
  4. 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:

  1. Reduction of utilisable space, which in turn adds to the sense of overcrowding
  2. Delay in administration, which in turn restricts the execution of the system, which in turn leads to overcrowding
  3. 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,

and that,

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.”

https://hansard.parliament.uk/lords/2017-09-07/debates/B1B642FA-F4EC-465C-881F-DB469CBF93C4/PrisonsOvercrowding

Suffragette extraordinaire: Constance Lytton: Living for a Cause

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.[1]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.

lady constance lytton

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).[2] 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,[3]partly because of the privileged status she was accorded insideprison and thevast economic resources at her disposal,[4]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.[5]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.[6]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.[7] 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.[8]

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).

 

Critical appraisal

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.

 

References

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).

[1]For further details, see Lytton (1909).

[2]HMP East Sutton Park is a Grade II listed 16th Century building

[3]Criticism includes the limited time she spent inside and her social background before and after prison.

[4] 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.

[5]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.

[6]For discussion on this see Haslam (2008).

[7] For further details on this classic text see Lee (2008).

[8]The struggle for the vote for working class women continued until 1928, after Constance Lytton had died.

Justice Select Committee…Part two

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.

 

Pantomime - She’s behind you.

Pantomime – She’s behind you.

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.

Members of the JSC

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.