Felix | Universities of reform

As any self-respecting imbiber of Rumpole at mother’s knee will know, Her Majesty’s Prisons are well known as universities of crime. I studied criminology and penology as one ?of my options – the only one I really ?enjoyed although I startled myself and no doubt my tutor with my best mark being in ?land law.

These days I must say land law rather appeals – all those covenants and easements and funny words like absolute owner in fee simple possession. I rather like the idea of colouring in boundaries in blue and red and thinking about old medieval rights of this and that. But I digress – yes for me it was long essays on long sentences and thinking about saving the world. If only the authorities would listen to an earnest second year undergraduate – the world would be happy and every felon and thief reformed and there would be “No More Crime” in ?the same way we all marched to say “No More War”.

Well, war aplenty has followed over the years and so has crime. We even have new crimes – internet grooming, skimming, voyeurism on the statute books and so on. It’s odd to think that all those over-excited school boys in the opening scene of Gregory’s Girl peeking at the nurse undressing would now be up in the ?Youth Court.

But now we have a new development and one that my idealistic former self and my still idealistic current self will write long essays about: universities of crime may turn into universities of reform. After all these years the government wants to emphasise the educational side of incarceration for young offenders rather than the, well, incarceration side of things.

Appalling statistics exist as regards recidivism and links to illiteracy and poor numeracy. An amazing 70 per cent re-offending rate has the young offender back inside within a year.

The bottom line

The people to blame are not the courts. Often our country is cited as having a high if not the highest number of young people behind bars. But before they get there the courts have been imposing referral orders, community orders, suspended sentence orders with community requirements. The courts will have done fines and compensation, they will have done talking to and fireside chat, they will have done exasperation and one last chance. In the end what do you do with the persistently-violent, the frighteningly-burgling, the maniac-driving? And can we really blame an employer who does not want to take on someone who cannot get up in the morning and is unreliable, unmotivated and unpleasant to boot?

Now we cannot write everybody off – but there is a degree of Nimbyism that goes on with young offenders. A lot of hand-wringing and aspirational stuff is said, but the bottom line is that these young people are the unwanted and unloved of society. So rather than getting us to change our ways – and we are pretty recidivist about it when you come to think about it – we need a really good bit of rehab.

So three cheers for education. The other mad statistic is that it costs more to keep a young offender in poor conditions than in a very exclusive private school, than a child in a highly privileged position with the best chance of maximising their potential. Now I am not suggesting that our troubled youth need to learn to row, or study Cicero or have an annual cricket fixture at Lord’s – tempting though it is.

But yes says the over-excited idealistic second year student in his terrible student bed-sit surrounded by digestive biscuits and yes says the tired criminal hack (surrounded by digestive biscuits). With a real effort – not just the well intentioned how to fill in a job application form and complete an online CV – but real literacy, real numeracy, a real point and a real fresh start, I am convinced that recidivism rates will drop and the current form of annual reunion that takes place within our Young Offenders’ Institutions will drop.

One thing that always drives a Crown Court judge mad is the insistence by some advocates to refer to Young Offenders Institutions as Young Offenders “Institutes”. “They are not Institutes!” thunders the judge back at said advocate, thus releasing several hours of pent up frustration at having listened to yet another ‘Sword of Damocles’ mitigation for the fourth millionth time: “They are “Institutions!”

Well – wouldn’t it be really rather wonderful if in fact the correct answer to such an outburst (with which I have some sympathy) could genuinely be met with, “Ah, but that depends Your Honour.” In other words, not so fast – it may well be that we are all on the way to learning something about learning.