Describe the history of privatisation of punishment and penal policy in the UK and what caused
the prior held anti privatisation stance turn to be more positive.
Introduction
The private provision of penal services is just one aspect of a wider movement to roll back
the state’s involvement in the criminal justice system.
The debate surrounding private prison dominantly focuses on cost, efficiency and the
quality of service provided.
The political climate in the UK underwent change in the 1980’s which ushered in the wave
of privatisation that swept across many of the UK’s public services in the 1980’s & 90’s.
Prisons
England and Wales first saw privatisation of prisons largely as a result of the Criminal
Justice Act 1991 which enabled contracting out of remand prisons.
Criminal Justice and Public Order Act 1994 allowed for remand and sentenced prisoners to
be held in privately managed prisons.
The construction of private prisons was run under the Private Finance Initiative, ie cost
considerations were high on the agenda.
England & Wales has the largest proportion of private prisons in Europe, holding around
19% of the prison population in 2018 (compared with about 9% in the USA).
Probation Services
Privatisation also extended beyond the prison system to include the probation system.
The Crime and Disorder Act 1998 introduced electronic monitoring of offenders and 3
private companies were awarded contracts.
Lord Carter’s report Managing Offenders, Reducing Crime (2003) introduced idea of
‘contestability’: i.e. purchasing probation services from a range of providers.
Critics claimed there was no business case for this privatisation, but the government did
not listen and created legislation that made it possible to take privatisation of probation
services further.
Offender Management Act 2007 – made it possible to sell off public probation services
after 2010.
In 2013 a consultation paper ‘Transforming Rehabilitation’ proposed to outsource most
probation services to private companies and/ or voluntary sector organisations by 2015.
Later strategies of reform that year confirmed the government’s intention to sell off the
majority of probation work.
In June 2014, a new National Probation Service was created with 21 new Community
Rehabilitation Companies.
In January 2015 these contracts with new owners of CRC’s were signed.
CRC contracts include a ‘Payment by Results’ component (financial incentive to reduce
rates of reoffending.)
Paragraph 1 – why the change?
Douglas Hard, in 1987 stated he would not accept a case for auctioning or privatising the
prisons or handing over the business of keeping prisoners safe to anyone other than
government servants.
the prior held anti privatisation stance turn to be more positive.
Introduction
The private provision of penal services is just one aspect of a wider movement to roll back
the state’s involvement in the criminal justice system.
The debate surrounding private prison dominantly focuses on cost, efficiency and the
quality of service provided.
The political climate in the UK underwent change in the 1980’s which ushered in the wave
of privatisation that swept across many of the UK’s public services in the 1980’s & 90’s.
Prisons
England and Wales first saw privatisation of prisons largely as a result of the Criminal
Justice Act 1991 which enabled contracting out of remand prisons.
Criminal Justice and Public Order Act 1994 allowed for remand and sentenced prisoners to
be held in privately managed prisons.
The construction of private prisons was run under the Private Finance Initiative, ie cost
considerations were high on the agenda.
England & Wales has the largest proportion of private prisons in Europe, holding around
19% of the prison population in 2018 (compared with about 9% in the USA).
Probation Services
Privatisation also extended beyond the prison system to include the probation system.
The Crime and Disorder Act 1998 introduced electronic monitoring of offenders and 3
private companies were awarded contracts.
Lord Carter’s report Managing Offenders, Reducing Crime (2003) introduced idea of
‘contestability’: i.e. purchasing probation services from a range of providers.
Critics claimed there was no business case for this privatisation, but the government did
not listen and created legislation that made it possible to take privatisation of probation
services further.
Offender Management Act 2007 – made it possible to sell off public probation services
after 2010.
In 2013 a consultation paper ‘Transforming Rehabilitation’ proposed to outsource most
probation services to private companies and/ or voluntary sector organisations by 2015.
Later strategies of reform that year confirmed the government’s intention to sell off the
majority of probation work.
In June 2014, a new National Probation Service was created with 21 new Community
Rehabilitation Companies.
In January 2015 these contracts with new owners of CRC’s were signed.
CRC contracts include a ‘Payment by Results’ component (financial incentive to reduce
rates of reoffending.)
Paragraph 1 – why the change?
Douglas Hard, in 1987 stated he would not accept a case for auctioning or privatising the
prisons or handing over the business of keeping prisoners safe to anyone other than
government servants.
