Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-16T22:34:10.494Z Has data issue: false hasContentIssue false

11 - Rethinking prison inspection: regulating institutions of confinement

Published online by Cambridge University Press:  04 February 2011

Hannah Quirk
Affiliation:
University of Manchester
Toby Seddon
Affiliation:
University of Manchester
Graham Smith
Affiliation:
University of Manchester
Get access

Summary

Closed institutions of all kinds – prisons, juvenile detention centres, police lock-ups, secure psychiatric wards, immigration detention centres and similar custodial services – pose accountability challenges for democratic societies.

(Harding 2007: 543)

Introduction

The need to shine a light into the closed world of prisons has been recognized for a very long time. In Britain, the ‘official’ inspection of prisons dates back to 1835, when its first emergence was part of the broader ‘revolution in government’ in the middle of the nineteenth century during which much of the administrative machinery of the modern state was assembled (MacDonagh 1958; Braithwaite 2003: 10). But the question of external scrutiny of prisons had also been widely discussed in the previous century, notably by the prison reformer John Howard in his classic The State of the Prisons first published in 1777 (see Stockdale 1983). Indeed, we can trace this back even further: medieval prisons were sometimes subject to inspection (Peters 1995: 29, 36), as were some in the ancient world, notably in the Roman Empire (Peters 1995: 19).

Today, the inspection of prisons is carried out across the world by a range of national bodies, as well as by supranational organizations such as the European Committee for the Prevention of Torture and the Special Rapporteur on Prisons and Conditions of Detention in Africa. The United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Opcat) came into force in 2006, requiring signatories to put in place adequate inspection arrangements.

Type
Chapter
Information
Regulation and Criminal Justice
Innovations in Policy and Research
, pp. 261 - 282
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Ayres, I. and Braithwaite, J. (1992) Responsive Regulation: Transcending the Deregulation Debate. Oxford University Press.Google Scholar
Black, J. (2002) ‘Critical Reflections on Regulation’, Australian Journal of Legal Philosophy, 27, 1–35.Google Scholar
Bovens, M. (2007) ‘Analysing and Assessing Accountability: A Conceptual Framework’, European Law Journal, 13(4), 447–68.CrossRefGoogle Scholar
Boyne, G., Day, P. and Walker, R. (2002) ‘The Evaluation of Public Service Inspection: A Theoretical Framework’, Urban Studies, 39(7), 1197–1212.CrossRefGoogle Scholar
Braithwaite, J. (1985) To Punish or Persuade: Enforcement of Coal Mine Safety. Albany, NY: State University of New York Press.Google Scholar
Braithwaite, J. (1997) ‘On Speaking Softly and Carrying Sticks: Neglected Dimensions of Republican Separation of Powers’, University of Toronto Law Journal, 47, 1–57.CrossRefGoogle Scholar
Braithwaite, J. (2002) Restorative Justice and Responsive Regulation. New York, NY: Oxford University Press.Google Scholar
Braithwaite, J. (2003) ‘What's Wrong with the Sociology of Punishment?’, Theoretical Criminology, 7(1), 5–28.CrossRefGoogle Scholar
Braithwaite, J. (2005) Markets in Vice, Markets in Virtue. New York and Sydney: Oxford and Federation Press.Google Scholar
Braithwaite, J. (2008) Regulatory Capitalism: How It Works, Ideas for Making It Work Better. Cheltenham, Glos.: Edward Elgar.CrossRefGoogle Scholar
Braithwaite, J. and Braithwaite, V. (1995) ‘The Politics of Legalism: Rules Versus Standards in Nursing-Home Regulation’, Social and Legal Studies, 4, 307–341.CrossRefGoogle Scholar
Braithwaite, J., Coglianese, C. and Levi-Faur, D. (2007a) ‘Can Regulation and Governance Make a Difference?’, Regulation and Governance, 1, 1–7.CrossRefGoogle Scholar
Braithwaite, J., Makkai, T. and Braithwaite, V. (2007b) Regulating Aged Care: Ritualism and the New Pyramid. Cheltenham, Glos.: Edward Elgar.CrossRefGoogle Scholar
Burris, S., Drahos, P. and Shearing, C. (2005) ‘Nodal Governance’, Australian Journal of Legal Philosophy, 30, 30–58.Google Scholar
Cawson, P. (1997) ‘Who Will Guard the Guards? Some Questions about the Models of Inspection for Residential Settings with Relevance to the Protection of Children from Abuse by Staff’, Early Child Development and Care, 133(1), 57–71.CrossRefGoogle Scholar
Drahos, P. (2004) ‘Intellectual Property and Pharmaceutical Markets: A Nodal Governance Approach’, Temple Law Review, 77, 401–24.Google Scholar
Harding, R. (2007) ‘Inspecting Prisons’, in Jewkes, Y. (ed.), Handbook on Prisons. Cullumpton, Devon: Willan, pp. 543–65.Google Scholar
,Her Majesty's Inspectorate of Prisons (HMIP) (2008) Expectations: Criteria for Assessing the Conditions in Prisons and the Treatment of Prisoners, 3rd edn (at: www.justice.gov.uk/inspectorates/hmi-prisons/docs/expectations_2009.pdf; accessed 10/09/09).
Hood, C., Scott, C., James, O., Jones, G. and Travers, T. (1999) Regulation Inside Government. Oxford University Press.CrossRefGoogle Scholar
Hughes, G., Mears, R. and Winch, C. (1997) ‘An Inspector Calls? Regulation and Accountability in Three Public Services’, Policy and Politics, 25(3), 299–313.CrossRefGoogle Scholar
Lodge, M. (2004) ‘Accountability and Transparency in Regulation: Critiques, Doctrines and Instruments’, in Jordana, J. and Levi-Faur, D. (eds.), Politics of Regulation: Institutions and Regulatory Reforms for the Age of Governance. Cheltenham, Glos.: Edward Elgar, pp. 124–44.Google Scholar
MacDonagh, O. (1958) ‘The Nineteenth-century Revolution in Government: A Reappraisal’, Historical Journal, 1, 52–67.CrossRefGoogle Scholar
Maguire, M., Vagg, J. and Morgan, R. (eds.) (1985) Accountability and Prisons: Opening up a Closed World. London: Tavistock.
Mashaw, J. (2006) ‘Accountability and Institutional Design: Some Thoughts on the Grammar of Governance’, in Dowdle, M. (ed.), Public Accountability: Designs, Dilemmas and Experiences. Cambridge University Press, pp. 115–56.Google Scholar
May, Mr Justice (1979) Report of the Committee of Inquiry into the United Kingdom Prison Services. London: HMSO.Google Scholar
May, P. (2007) ‘Regulatory Regimes and Accountability’, Regulation and Governance, 1, 8–26.CrossRefGoogle Scholar
May, P. and Winter, S. (2000) ‘Reconsidering Styles of Regulatory Enforcement: Patterns in Danish Agro-Environmental Inspection’, Law and Policy, 22(2), 143–73.CrossRefGoogle Scholar
Mulgan, R. (2000) ‘Accountability: An Ever-Expanding Concept?’, Public Administration, 78, 555–73.CrossRefGoogle Scholar
Ogus, A. (1994) Regulation: Legal Form and Economic Theory. Oxford: Hart.Google Scholar
Owers, A. (2004) ‘Prison Inspection and the Protection of Human Rights’, European Human Rights Law Review, 2, 107–16.Google Scholar
Owers, A. (2009) ‘Reforming Prisons: The Role of Inspection’, Criminal Justice Matters, 77, 16–17.CrossRefGoogle Scholar
Parker, C. (2002) The Open Corporation: Effective Self-regulation and Democracy. Cambridge University Press.CrossRefGoogle Scholar
Peters, E. (1995) ‘Prison Before the Prison: The Ancient and Medieval Worlds’, in Morris, N. and Rothman, D. (eds.), The Oxford History of the Prison: The Practice of Punishment in Western Society. Oxford University Press, pp. 3–43.Google Scholar
,Prison Reform Trust (2009) Bromley Briefings: Prison Factfile, June 2009. London: Prison Reform Trust.Google Scholar
Raine, J. (2008) ‘Inspection and the Criminal Justice Agencies’, in Davis, H. and Martin, S. (eds.), Public Services Inspection in the UK. Research Highlights in Social Work 50. London: Jessica Kingsley, pp. 87–101.Google Scholar
Scott, C. (2000) ‘Accountability in the Regulatory State’, Journal of Law and Society, 27(1), 38–60.CrossRefGoogle Scholar
Smallridge, P. and Williamson, A. (2008) Independent Review of Restraint in Juvenile Secure Settings. London: Ministry of Justice and Department for Children, Schools and Families (at: www.justice.gov.uk/publications/docs/restraint_review.pdf; accessed 11/01/10).Google Scholar
Smith, G. (2009) ‘Citizen Oversight of Independent Police Services: Bifurcated Accountability, Regulation Creep and Lesson-Learning’, Regulation and Governance, 3(4), 422–42.CrossRefGoogle Scholar
Stenning, P. (ed.) (1995) Accountability for Criminal Justice: Selected essays. University of Toronto Press.CrossRef
Stockdale, E. (1983) ‘A Short History of Prison Inspection in England’, British Journal of Criminology, 23(3), 209–28.CrossRefGoogle Scholar
Vagg, J. (1994) Prison Systems: A Comparative Study of Accountability in England, France, Germany and the Netherlands. Oxford: Clarendon Press.Google Scholar
Walmsley, R. (2009) World Prison Population List. 8th edn. London: International Centre for Prison Studies, Kings College London.Google Scholar
Wood, J. and Shearing, C. (2007) Imagining Security. Cullompton, Devon: Willan.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×