Our Collective Addiction

Just spotted this interesting Prospect article on our love of locking people up for ever-longer periods, the crisis it has created and inability of politicians to do anything about it.

We’re addicted to locking people up—but it doesn’t make any of us safer

Does Andy Burnham have the attention span, the will and the courage to tackle a collapsing justice system?

And there’s another one gone. So, farewell then, Lord Timpson, who managed a daring escape from his role as prisons minister just days before the latest farce engulfed his former department. He was over the wall and gone. As a reward for his 24 months in the job, he can attend the House of Lords for the rest of his days. Think of it as a form of rehabilitation.

Timpson was an imaginative appointment by Keir Starmer—and, by all accounts, pretty ineffective. But at least he put in a shift. In the past ten years there have been no fewer than 13 prison ministers. On average they serve for about nine months, which is the sort of term you can expect for ABH or possession of Class A drugs with intent to supply.

There is no organisation on the planet—barring Sunderland and Andy Burnham’s very own Everton—who would expel the boss on such a regular basis and hope for a different result.

Some will protest that the decision to grant early release to violent thugs isn’t the fault of the prisons: they just sit at the tail-end of a criminal justice system that is utterly broken. But you’re wasting your time looking for accountability. There have been ten justice secretaries in ten years. Average term: one year. About the same you’d get for carrying a knife or for dangerous driving.

Why are we releasing dangerous criminals back onto the streets? Because prisons are at a bursting point and by November there will be nowhere to put new offenders.

The easy thing here is to point the finger at one obvious cause. But there isn’t just one. After 14 years in power the Tories had expanded the prison estate by fewer than 500 places. So, it’s the Tories' fault. The Starmer government claimed to have opened a further 2,500 places. But most of those were due to a prison building programme started by the Tories. So, not all the Tories’ fault.

If we had a properly functioning probation service things might work better. A staggering number of ex-convicts—around 40,000 a year—are currently being recalled to prison. At any one time there are 13,000 to 15,000 people held in prison on recall, compared with the early 1990s when the figure was less than 100. So let’s not forget to blame Chris Grayling, whose dramatic reform of the probation service just over 10 years ago failed on every single count.

But the bigger problems lie further up the food chain. As a country, we are addicted to the pathetically deluded idea that by locking up more and more people for ever lengthier periods of time, we are solving anything.

Have we ever stopped to wonder why in England and Wales we incarcerate twice the proportion of the population of Germany and three times that of the Netherlands, Norway or Finland? We are currently scrambling to empty the bath at the bottom while both hot and cold taps are gushing away at the top.

We sling convicts in cells for up to 22 hours a day at a cost per head (£58k) which roughly equates to the school fees at some of our more exclusive private schools—say, Uppingham, where Lord Timpson spent his formative years. Do we educate or otherwise attempt to rehabilitate them while they’re in? Only in your dreams.

So let’s blame the judges, who will insist on locking people up for ever longer sentences. Unless you have the memory of a goldfish you will recall that barely a year ago David Gauke, one of those ten hapless MPs who briefly served as justice secretary in the last decade, published a weighty review about our addiction to sentence inflation. In 1993 we locked people up for 16 months on average: now it’s 22 months. For murder you used to get 12 years: now it’s 21 years.

But the judges are only doing what the law obliges them to do. Which takes us back to the politicians who keep ramping up prison sentences. Why? Well, Gauke partly blames the media for its persistent “tough on crime” narrative which has, over the years, convinced the general public that—in Chris “failing” Grayling’s words—our “jails are like holiday camps”.

So MPs think they are responding to public pressure. But public opinion is, in fact, all over the place when it comes to our criminal justice. More than three quarters of us believe that sentencing in England and Wales has become shorter in length, whereas the opposite is true. In other words, we’re not soft on offenders, but the public thinks we are.

However, public opinion is also much more nuanced on the effectiveness of prison. We do think violent people should be locked up, but 75 per cent of us think the prison system is failing. And we’ve got this far without even mentioning the crisis even further up the chain.

Two blockbuster reports from Lord Leveson have warned us that the court system has been so catastrophically destroyed that we have to contemplate junking aspects of the cherished jury system for it to stay afloat.

With some serious offences, you might now have to wait until 2030 to have your case heard: that’s four years of kicking your heels in a prison cell costing the taxpayer over £50k a year. As Leveson notes, the real day-to-day budget of the Ministry of Justice is set to be 14 per cent lower than in 2007/08. So let’s remember to blame George Osborne.

But don’t worry, because we have a new justice secretary, one Alex Norris. He is not a lawyer, but then neither were Chris Grayling (2012-15) or Liz Truss (2016-17), so there are, um, precedents. Mr Norris’s main professional experience hitherto is as an East Midlands area organiser for Unison while serving as councillor for the Basford ward on Nottingham City Council.

If the past is a guide to the future, he’ll be lucky if he’s still in post in a year’s time. Ands who would bet on the latest prisons minister, Catherine McKinnell, still being there in 10 months’ time?

When Andy Burnham walked into Downing Street he acknowledged that politicians haven’t been good enough and that they needed to raise their game. He promised a “circuit-breaker”.

If any part of government needs a circuit breaker it’s the entire shattered, malfunctioning criminal justice system. Is Burnham the man to have a painful and honest conversation about the multiple failures and the need for a drastic rethink of attitudes to crime and punishment? He has the vibes. Does he have the attention span, the will and the courage?

Alan Rusbridger

Alan Rusbridger was editor of Prospect from 2021 to 2025 and is the former head of Lady Margaret Hall, Oxford. He was editor of the Guardian from 1995 to 2015.