Sunday 1 December 2019

That Was A Big Mistake

There was a lot riding on the Andrew Marr interview of Boris Johnson this morning. Three heavy-weight reputations on the line, those of Marr, Johnson and the BBC no less. Without doubt the unedifying spectacle was a car crash of epic proportions, admittedly not in slow motion as that of Prince Andrew's, but none-the-less destined to be the subject of expensive PR seminars for years to come.

Those who rose early this morning to catch it live were treated to the moment that the Tory Party effectively lost control of the PR narrative by dint of a gamble that 'weaponising' the deaths of innocent victims on Friday would some how play well with the public. This, despite the measured and dignified earlier interview with Shami Chakrabarti and public plea by Jack Merritt's father:-
David Merritt posted on Twitter: "My son, Jack, who was killed in this attack, would not wish his death to be used as the pretext for more draconian sentences or for detaining people unnecessarily. "R.I.P. Jack: you were a beautiful spirit who always took the side of the underdog."
He added: "Jack lived his beliefs. He held me to a high standard; he would have expected me to say this, and would have pulled me up had I not! "He was an exceptional young man, and I'm only finding out the half of it now he's gone."
By our prime minister disgracefully engineering a slanging-match on the Andrew Marr show this morning he has not only embarrassed us all, but in the process demonstrated why he is not fit to hold office. I'm sure much to the bewilderment and disbelief of Conservative Central Office he has also single-handedly knocked his 'oven-ready' Brexit off the agenda, along with his NHS lies. This could be a turning-point in the election campaign and having chosen to go down this sordid path, it's going to be very difficult indeed for the Tory spin machine to change course. This from today's Observer:-

The Observer view on the London Bridge attack: no place for populist posturing

Terrorists seek to undermine our democratic norms and liberal values by sowing fear and hatred. The horrific scenes from London Bridge on Friday were a chilling echo of the attack that happened there two years ago. This time, two people lost their lives, a number that could have been higher were it not for the heroism of members of the public who pursued the attacker and seized his knife. The swift and brave action from the police and security services was also crucial.

In the immediate aftermath of such an attack, attention inevitably turns to how it could have been avoided. The danger of this debate happening during a general election campaign is that, rather than being open to cool-headed, evidence-based analysis, politicians seek to advance solutions that will achieve electoral advantage.

There is no other way to read the prime minister’s response to this attack. His calls to “end the automatic early release system” and “break with the failed system of the past” represent a rank politicisation of these tragic events, to imply that the main deficiency in the way we manage the risk posed by convicted terrorists is lax sentencing. Priti Patel, the home secretary, tweeted yesterday that the last Labour government introduced legislation that meant “dangerous terrorists” had to be released at the halfway point of their sentence. This is not true. The courts have long had the power to give terrorists sentences that prevent automatic early release. Usman Khan, Friday’s attacker, was convicted of terrorist offences in 2012, and was initially given an indeterminate prison sentence (an “IPP”), introduced by the Labour government in 2005, which would have meant he could not be released until deemed safe by the parole board. That was converted by the court of appeal into an extended term, which meant he was released after serving half of a 16-year custodial sentence.

That sentencing regime no longer exists. David Cameron’s government scrapped IPPs in 2012, when it became clear that people convicted of relatively minor offences were being left languishing in prison indefinitely because they could not prove they were no longer a risk. At the same time, extended sentences were beefed up. Today, someone convicted of a terrorism offence will either receive a life sentence, under which they will remain in prison indefinitely until they convince the parole board they no longer present a risk to the public; or an extended determinate sentence, in which they must either serve their full sentence or prove to the parole board they no longer present a risk after serving two-thirds of their sentence; or be deemed an “offender of particular concern”, which means they must either serve their whole custodial sentence or satisfy the parole board they are not a risk to the public at or after its halfway point. There is no such thing as “automatic early release” for prisoners convicted of terrorism-related offences, and it is disingenuous and irresponsible for Boris Johnson to imply otherwise.

Today’s terror attacks are more likely to be carried out by lone actors using low-grade weapons, inspired by, but not connected to, organised extremism, making them more difficult for our security services to predict. This places more burden than ever on community policing and the prison and probation services to manage the risks of terrorist attack. As a society, we can choose to lock up anyone with any proven terrorist connections forever, regardless of whether or not they have committed a serious crime, and throw away the key – and with it the civil liberties we hold dear. Or we can try to manage the risks in a way that is compatible with liberal democracy.

Johnson’s cynical focus on sentencing reform is surely a ploy to deflect from the sweeping cuts and botched reforms that have hampered the ability of the police force, and the prison and probation services, to manage the risks of terrorism. The prisons budget has been cut sharply since 2010, and the number of prison officers fell by a quarter between 2010 and 2015, leaving an inexperienced and demoralised prison service. Overcrowding has reached intolerably dangerous and unsafe levels, reflected in rising rates of deaths, violence and self-harm on the prison estate, and rehabilitation services are desperately underfunded. This is the context in which our prisons are expected to support the deradicalisation of extremist prisoners; but Whitehall security chiefs have been warning since 2011 that too few convicted terrorists were exposed to deradicalisation efforts. Far from being places where extremist ideology can be tackled head-on, our prisons have become incubators of extremism, and that is partly because of a lack of funding and care by the government.

Khan was released on licence and could have been returned to prison at any time had the probation service flagged him as a risk. This attack will inevitably raise questions about why this did not happen. But the context is a probation service reduced by cuts and, in the words of its chief inspector, an “irredeemably flawed” privatisation by Chris Grayling in 2014. It is struggling with a lack of resources and severe staff shortfalls, and the government has placed too much emphasis on electronic tagging as a way of managing risk – despite the fact there is little evidence that it reduces reoffending.

Any politician who implies that there is a simple way to eliminate the risk of terrorism should be treated with the contempt they deserve. The risk cannot be eradicated, only managed. But that is more easily done when we choose as a society to properly resource community policing, prisons and probation, and invest in developing evidence-based approaches to prevention and deradicalisation. The tragedy of Friday’s attack is only made sharper by the fact that it was launched at a conference that was about precisely that, in a room full of people who have devoted their life’s work to making us all safer. Who wins if our leaders take a reductive, populist approach to preventing such hateful attacks from happening again? Terrorists like Usman Khan.
   

17 comments:

  1. Great work Jim. I was looking out for Napo to make a statement. Nothing on radio or TV despite probation being mentioned several times. Checked online, last tweet from Napo News was October 11th. Utterly shocked.

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    1. Since Ian won the GS election against Mike the tory boy I have noticed Ian has slowed down. Hardly hear or see anything from him these days. Job and finish I guess.

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    2. Channel 4 News had Harry Fletcher on Saturday evening 30th November 2019 6.30pm

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    3. From Twitter Ian Lawrence 2:55pm

      "C4 interview 5:30 on the underfunding and failed privatisation of our probation system in light of the tragic events in London Bridge. I offered an interview to the #BBC to give Napo’s views on the government's management of our probation system but so far no response."

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    4. Just watched a deeply underwhelming piece on BBCNews featuring Ian Lawrence via what looked & sounded like 'slippercam'. It was neither flattering nor inspiring I'm afraid.

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    5. All napo should be afraid . Their General secretary is neither well skilled or professionally able to deliver what is required at the heavy end of offending. Terror crime is polar in this extreme and yet the Napo office are at the other end in terms of talent and ability for such tragedy.

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  2. BBC News.

    PM Twitter thread 'copied and pasted'

    Anonymous legal blogger the Secret Barrister has criticised a Twitter thread by the PM that says London Bridge attacker Usman Khan was automatically released under a Labour law .

    In a Twitter post, the Secret Barrister says the prime minister "has basically copied and pasted my blogpost into a thread and passed it off as his own explanation".

    "A blogpost which I had to write to rebut the lies he spent yesterday spouting," the Secret Barrister adds.

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    1. From Mirror website:-

      Boris Johnson has been accused of "weapons grade s***housery" over claims he copied a post by a legal expert on the London Bridge terror attack. The Secret Barrister wrote an in-depth thread about Usman Khan's sentencing history and the law, debunking many of the claims made by the Prime Minister and Home Secretary Priti Patel.

      The anonymous blogger now alleges that the PM has reproduced his or her blog in a series of tweets that Mr Johnson published this morning. Mr Johnson started off his 16-tweet thread saying that he wanted to address some of the "inaccuracies" reported in the case. He tweeted: "The terrible Khan case has highlighted a complicated area of law. There have been many inaccuracies reported about this case over the last 24 hours."

      But the Secret Barrister was particularly irked because they said they had written their blog in response to "lies" from the Prime Minister. "The Prime Minister has basically copied and pasted my blogpost into a thread and passed it off as his own explanation. A blogpost which I had to write to rebut the lies he spent yesterday spouting," they tweeted. "This is weapons grade sh**housery."

      The expert replied to the Prime Minister (with a reference to his senior adviser Dominic Cummings) and a link to the original blog saying: "Hi Dom! You forgot to credit my blogpost from which this thread was plagiarised. Here you go:"

      The legal blogger then pointed to a number of elements in the PM's thread which were the same as the blog. These include linking to the same Prison Reform Trust document and making the same observation that the comments of Lord Justice Leveson about the involvement of the parole board during Khan's appeal were taken out of context. But there was also an important difference between the two legal explanations.

      The Secret Barrister tweeted: "Worth adding that your 16th tweet is a lie. Under the current law, which has changed a lot since 2008, no terrorists are automatically released early from their sentences. But you know that, being the legal sage you are."

      The barrister was moved to write his or her blog after the Prime Minister said: "I have long argued that it is a mistake to let serious and violent criminals out of prison early and it is very important that we get out of that habit and that we enforce the appropriate sentences for dangerous criminals, especially for terrorists that the public want to see.”

      The blogger felt the need to point out that "absolutely nothing in his manifesto would have made the slightest difference to the sentence or release in a case like that of Usman Khan".

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    2. The Prime Minister repeated a number of his claims this morning telling the Andrew Marr show: "His release was necessary under the law because of the automatic early release scheme under which he was sentenced, that was the reality, and that was brought in by Labour with the support of Jeremy Corbyn and the rest of the Labour Party. I opposed it both in 2003 and 2008, and now that I am Prime Minister I'm going to take steps to make sure that people are not released early when they commit... serious sexual, violent or terrorist offences."

      A number of Twitter users were quick to cast doubt on whether the Prime Minister had written the detailed legal thread. Matthew Scott, who also writes a legal blog, posted: "The transformation from ignoramus to leading candidate for the editorship of Current Sentencing Practice happened remarkably quickly. Credit to @BarristerSecret."

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    3. "weapons grade shithousery" - fantastic!!

      Chapeau! @SecretBarrister

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    4. Reminds of a a song by The Who -

      Boris the shithouse
      Boris the shithouse
      Creepy, crawly
      Creepy, crawly
      Creepy, creepy, crawly, crawly
      Creepy, creepy, crawly, crawly
      Creepy, creepy, crawly, crawly
      Creepy, creepy, crawly, crawly

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  3. Secret Barrister Update:

    UPDATE: Overnight, the Prime Minister’s posturing has crystallised into hastily scrawled new policies, announced in op-eds in the Sunday tabloids repeating various untruths dealt with above, including falsely suggesting that we still have the same system as in 2008 and claiming that he has been talking about “abolishing automatic early release” for “four months”, despite not devoting a single word to this is his manifesto, nor making any effort to include this change in the recently enacted Counter Terrorism and Border Security Act 2019, a flagship piece of anti-terror legislation which focussed specifically on sentencing for terrorism offences. He also claimed, with characteristic fidelity to accuracy, that Khan was “sentenced 11 years ago”. Anyway, the overnight brainwave will apparently now herald a minimum 14 year sentence for defendants convicted of (unspecified) terrorism offences, with a suggestion that they will be required to “serve every day of their sentence, with no exceptions.”

    As this is likely to run and run today, forgive me if I repeat this: In 2019, no terrorist sentenced to a term of imprisonment is subject to automatic early release. The Prime Minister’s attempts to suggest that we have the same system as applied at the time of Usman Khan’s sentence, and that he is the man to fix it, are dishonest, cynical and exploitative.

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  4. More shite from Johnson on the Marr show this morning (as reported on bbc website):


    Johnson told the BBC's Andrew Marr show it was "repulsive" that someone as "dangerous" as Khan could be released from prison after "only serving eight years".

    He blamed Khan's release on legislation introduced under "a leftie government", insisting the automatic release scheme was introduced by Labour - but was challenged about what the Conservatives had done to change the law over the past 10 years in government.

    "Now that I am prime minister I'm going to take steps to make sure that people are not released early when they commit... serious sexual, violent or terrorist offences," he said.

    "I absolutely deplore the that fact that this man was out on the streets... and we are going to take action against it."

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  5. It is with great sadness that the Institute of Criminology acknowledges the deaths of both Saskia Jones and Jack Merritt who were killed in the course of events on and near London Bridge, whilst participating in a Learning Together event organised by the Institute.

    Saskia’s warm disposition and extraordinary intellectual creativity was combined with a strong belief that people who have committed criminal offences should have opportunities for rehabilitation. Though she completed her MPhil in Criminology in 2018, her determination to make an enduring and positive impact on society in everything she did led her to stay in contact with the Learning Together community. They valued her contributions enormously and were inspired by her determination to push towards the good.

    All of us at the Institute will miss Jack’s quiet humour and rigorous intellect. His determined belief in rehabilitation inspired him to join the Institute as a staff member to work in the Learning Together research team after completing his MPhil in Criminology in 2017. Jack’s passion for social and criminal justice was infectious. He was deeply creative and courageously engaged with the world, advocating for a politics of love. He worked tirelessly in dark places to pull towards the light.

    We are grateful to other members of the Learning Together community who bravely risked their own lives to hold off the attacker until the police arrived. These men included Her Majesty’s Prisons and Probation staff and several people who have spent time in prison. They worked together, selflessly, to bring an end to this tragedy and to save further lives.

    Our thoughts and prayers are with their families, friends, and colleagues and students at the Institute and University more widely who were at the event, as well as others who were there and who have been affected and injured.

    Thank you for all the messages of support.

    Professor Loraine R Gelsthorpe
    Director, Institute of Criminology
    University of Cambridge

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  6. https://news.sky.com/story/man-arrested-in-stoke-after-review-of-terrorists-on-licence-in-wake-of-london-bridge-attack-11875846

    A man has been arrested in Stoke-on-Trent following a review of terrorists released on licence in the wake of the London Bridge attack.

    West Midlands Police said the 34-year-old man was detained on suspicion of preparation of terrorist acts following a search of his home address.

    The force added that the search warrant was executed on Saturday "in connection to a wider on-going review of existing licence conditions of convicted terrorism offenders".
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    There'll be a lot of overloaded, stressed-out, shit-scared probation people in an ultra-sensitive risk-averse trawl of caseloads over the next few days. Napo need to be on their mettle; the HMPPS/NPS hang'em-&-flog'em brigade will be out in full dress uniform...

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  7. Police probing released terrorists after London Bridge stabbings arrest man, 34, on suspicion of preparing ANOTHER attack
    By Joe Middleton For Mailonline
    18:25 01 Dec 2019, updated 19:48 01 Dec 2019




    https://www.dailymail.co.uk/news/article-7744221/amp/Police-probing-released-terrorists-arrest-man-34-suspicion-preparing-attack.html?__twitter_impression=true

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  8. In other news (relocate/delete as you see fit, JB):

    A society dedicated to preserving the "much abused" apostrophe is to be shut down as its chairman said "ignorance and laziness have won".

    John Richards, who worked in journalism for much of his career, started the Apostrophe Protection Society in 2001 after he retired. Now aged 96, Mr Richards is calling time on the society which lists the three simple rules* for correct use of the punctuation mark.


    *1. They are used to denote a missing letter or letters
    *2. They are used to denote possession
    *3. Apostrophes are NEVER ever used to denote plurals

    NB: The APS website remains active

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