Crime, courts and confidence: the challenge of change

• Author: Cedric Fullwood
• Position: Chair, Cheshire Probation Board
• Pages: 11-20

CRIME, COURTS AND CONFIDENCE:

THE CHALLENGE OF CHANGE

CEDRIC FULLWOOD*

“Everybody thinks our system is becoming soft and wimpish.

In point of fact it’s one of the most punitive systems in the world.”

(Lord Bingham, Lord Chief Justice, England and Wales, May 2002)

INTRODUCTION

The first part of the title of this paper is taken from Lord

Coulsfield’s Report (published in November, 2004) of the

Independent Inquiry into Alternatives to Prison, an Inquiry for which

Iwas one of six Commissioners. The second part of my title – “the

challenge of change” – allows me to reflect a little on the wider policy

and practice context. Whilst I intend to give you a flavour of our

report and its conclusion, I thought that the IASD (Irish Association

for the Study and Treatment of Delinquency) might be interested in

the process of our work and our sponsors, almost as a case study,

should you wish to replicate any elements of it. It is always difficult

to make connections between different jurisdictions. However one

common theme is attempting to answer the questions: who is

responsible for the sentencing framework, who is responsible for its

interpretation, and what is the natureof the communication between

the two?

Wehave to startwith an organisation by the name of the Esmee

FairbairnFoundation, one of the largest grant-making foundations in

the UK. It makes grants and loans in four programme areas: Arts and

Heritage, Education, Environment, and Social Development. It has,

over the years, funded work in the criminal justice field. In 2001 the

Foundation decided to set up an initiative which it entitled

“Rethinking Crime and Punishment” (RCP) and focussed on prison

and other forms of punishment. It was set up as its final report

explains: “in response to widespread concern about the UK’s

growing reliance on imprisonment.” It explained that despite its

financial, social and human costs, prison enjoyed (if that is the right

2005] Crime, Courts and Confidence:

The Challenge of Change

11

*Chair, Cheshire Probation Board. Text of an address delivered at the Annual Conference of

the Irish Association for the Study and Treatment of Delinquency (IASD), Kilkenny. 4th - 6th

November 2005.