Alternatives to Prison Options for an insecure society EDITED BY WILLAN ANTHONY BOTTOMS. SUE REX publishing AND GWEN ROBINSON Alternatives to Prison Alternatives to Prison Options for an insecure society edited by Anthony Bottoms, Sue Rex and Gwen Robinson 0 WILLAN PUBLISHING Published by Willan Publishing Culmcott House Mill Street, Uffculme Cullompton, Devon EX15 3AT, UK Tel: +44(0)1884 840337 Fax: +44(0)1884 840251 e-mail: [email protected] Website: www.willanpublishing.co.uk Published simultaneously in the USA and Canada by Willan Publishing c/o ISBS, 920 NE 58th Ave, Suite 300, Portland, Oregon 97213-3786, USA Tel: +001(0)503 287 3093 Fax: +001(0)503 280 8832 Website: www.isbs.com © The editors and contributors 2004 All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publishers or a licence permitting copying in the UK issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London W1P 9HE. First published 2004 ISBN 1-84392-104-9 (paperback) British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Project management by Deer Park Productions, Tavistock, Devon Typeset by TW Typesetting, Plymouth, Devon Printed and bound by T J International Ltd, Trecerus Industrial Estate, Padstow, Cornwall Contents List of figures and tables vii Notes on contributors x List of abbreviations xii Preface XV 1 How did we get here? 1 The editors 2 Trends in crime, victimisation and punishment 28 Chris Leivis 3 Empirical research relevant to sentencing frameworks 59 Anthony Bottoms 4 Public opinion and community penalties 83 Shadd Maruna and Anna King 5 Punishment as communication 113 Sue Rex 6 Diversionary and non-supervisory approaches to dealing with offenders 135 George Mair 7 Reparative and restorative approaches 162 Gill Mclvor 8 Rehabilitative and reintegrative approaches 195 Peter Raynor 9 Electronic monitoring and the community supervision of offenders 224 Mike Nellis 10 Dealing with substance-misusing offenders in the comunity 248 Judith Rum gay Alternatives to Prison 11 Intensive projects for prolific/persistent offenders 268 Anne Worrall and Rob C. Mawby 12 What guides sentencing decisions? 290 Martin Wasik 13 Sentence management 313 Given Robinson and ]ames Dignan 14 Dimensions of difference 341 Hazel Kemshall, Rob Canton and Roy Bailey 15 Attitudes to punishment in two high-crime communities 366 Anthony Bottoms and Andrew Wilson 16 Pulling some threads together 406 The editors Index 425 vi List of figures and tables Figures 2.1 Total recorded crime in the three UK jurisdictions 1980- 2000 (1980=100) 33 2.2 Male prison population in England and Wales, 1980 to 2002 42 2.3 Female prison population in England and Wales, 1980 to 2002 43 2.4 Trends in prison populations 1950-2000 in four jurisdictions: England and Wales, Finland, Holland, and Sweden (rates per 100,000 population) 53 15.1 National Reassurance Policing Project: top 'signals' across trial wards 387 T ables 2.1 Police-recorded crime in England and Wales, 1980 to 2003 (indexed, 1980=100) 31 2.2 Police-recorded crime: Scotland and Northern Ireland, 1985 to 2002 (indexed, 1980=100) 32 2.3 Percentage charges in police-recorded crime in European and other jurisdictions 1991-2001 33 2.4 Estimates of BCS incidents of crime 1981 to 2002 34 2.5 Survey estimates of crimes in Scotland 1981-1999, and comparison of survey results for 1992, 1995 and 1999 with police recorded crime (all data in thousands) 35 2.6 Overall victimisation in 1999 across 17 jurisdictions: ICVS (% victimised) 38 2.7 Percentage victimised once or more in 1999: ICVS 39 2.8 Males found guilty at all courts or cautioned, England and Wales: 1981-2002 40 2.9 Percentage of offenders sentenced for indictable offences who received various types of sentence, England and Wales: 1980-2002 40 Alternatives to Prison 2.10 Average length of sentence in months for males aged 21 and over sentenced to immediate imprisonment at the Crown Court, England and Wales: 1980-2001 41 2.11 Prison population, England and Wales, by sex of prisoner: 1980 to 2004 42 2.12 Prison population projections, England and Wales, by sex of prisoner: 2003-2009 43 2.13 Offenders dealt with in England and Wales under the aegis of the YJB: number of disposals: 2002-3 48 2.14 Sentenced population of young people in prison service custody, England and Wales: 1991-2003 49 2.15 Comparisons of prison populations, 2002 52 3.1 Males sentenced for indictable offences by type of sentence or order, 1980-1986 (%) 75 3.2 Males sentenced for indictable offences by type of sentence or order, 1990-1996 (%) 76 4.1 Some sample characteristics (N = 941) 96 4.2 Regression models predicting pro-community sanction attitudes 98 5.1 Moralising aims: percentage agree (and ranking in list of all statements) 121 5.2 Normative messages: percentage agree (and ranking in list of all statements) 122 5.3 Preventive aims: percentage agree (and ranking in list of all statements) 123 5.4 Instrumental messages: percentage agree (and ranking in list of all statements) 124 5.5 How offenders should respond to punishment: percentage agree (and ranking in list of 12 statements) 126 6.1 Sentences passed for indictable offences: 1981-2002 (%) 144 6.2 Sentences for offences of burglary: 1981-2002 (%) 145 6.3 Sentences in the magistrates' courts for indictable offences: 1986-2002 (%) 146 6.4 Sentences in the magistrates' courts for summary offences (excluding motoring): 1986-2002 (%) 146 6.5 Sentences in the Crown Court for indictable offences, 1986-2002 (%) 146 6.6 Offenders cautioned for indictable offences: 1981-2002 (cautioning rate in parentheses) 148 6.7 Male offenders cautioned by type of offence (indictable) (thousands) 149 6.8 Female offenders cautioned by type of offence (indictable) (thousands) 149 6.9 Twelve-month reconviction rates for offenders aged 10-17 by disposal and gender (%) 151 List of figures and tables 15.1 Demographics - Area A and its three sub-areas 369 15.2 Demographics: Area B and its three sub-areas 371 15.3 Recorded crime rates per 1000 population (based on 2001 Census), by area and sub-area, 2002/3 and 2003/4 373 15.4 Area A - types of recorded crime (%), 2002-3 373 15.5 Area B - types of recorded crime (%), 2002-3 374 15.6 Survey response by area and sub-area 375 15.7 Responses to the statement 'Crime is a serious problem where 1 live', by area and sub-area 377 15.8 Residents' reports of crime and disorder victimisation in last year (% figures unless otherwise stated) 379 15.9 Survey respondents' perceptions of 'the regular crimes committed in this neighbourhood' (%) 379 15.10 Punitiveness and redeemability scales: mean scores by areas and sub-areas 380 15.11 Multiple regression model with punitiveness scale as the dependent variable 383 15.12 Percentage mentions of selected 'undesirable features of areas', and 'suggestions for improvement' (from qualitative analysis of interview comments) 388 15.13 Responses to the Court of Appeal's reasoning in R. v. Mclnerney 395 Notes on contributors Dr Roy Bailey is Research Associate, De Montfort University and formerly Chief Probation Officer for Devon. Professor Sir Anthony Bottoms is Wolfson Professor of Criminology, University of Cambridge and Professorial Fellow in Criminology, Univer sity of Sheffield. Rob Canton is Lecturer, Community and Criminal Justice Research Division, De Montfort University. Professor James Dignan is Professor of Criminology and Restorative Justice, University of Sheffield. Professor Hazel Kemshall is Professor, Community and Criminal Justice Research Division, De Montfort University. Anna King is a doctoral student, Institute of Criminology, University of Cambridge. Dr Chris Lewis is Senior Research Fellow in Criminology, University of Portsmouth and formerly Head of the Offender Unit, Home Office Research Development and Statistics Department. Professor George Mair is E. Rex Makin Chair of Criminal Justice, Liverpool John Moores University. Dr Shadd Maruna is Lecturer in Criminology, Institute of Criminology, University of Cambridge. Dr Rob C. Mawby is Research Fellow in Criminology, Keele University. Professor Gill Mclvor is Professor of Social Work and Director of the Social Work Research Centre, University of Stirling.