What are we to make of the following facts ?
The week began with leaked figures apparently showing that ‘Recorded crime fell by at least 10% in 19 out of 43 force areas in England and Wales while budgets were cut by an average of just under 10%.’
Later came the revelation that the Prison population in England and Wales actually fell during last year – dropping by 2,869 to 83,909. Don’t get too excited The prison population is still very, very high( in 1950-51 it was 20,474, in 1960-61 it was 27,099, in 1970 it was 39,028, in 1980 it was 42,300, in 1990 it was 45,636 and in 1999 it was 64,770, passing 70,000 for the first time only in 2002).
But under Kenneth Clarke there is no doubt that, by some means or other, a way has been found to halt and even reverse the rise. The least likely explanation for this, especially under Mr Clarke, must be a tougher and more punitive justice system scaring wrongdoers back on to the path of righteousness. So either crime really is falling (a comically unlikely solution to the riddle) or a way has been found of a) ignoring more crimes b) not sending people to prison for offences which would formerly have merited prison sentences and c) letting more people out of prison more quickly. (Later addition**By the way, I don't myself believe that Mr Clarke's departure and replacemnt will make much difference. His successor, Chris Grayling, posed as a tough guy in a newspaper interview, but the Coalition and the Treasury together - as he well knows - are on Mr Clarke's side. So are the civil servants and the bureaucracy of the Criminal Justice system. So the Clarke policy will continue**).
One hint came when, on Thursday 3rd January)the ‘Sun’ newspaper revealed on page 2 (where important stories are put, which editors do not regard as exciting) that one in nine murderers is freed from prison after serving fewer than ten years of a life sentence. The figures, obtained by the genuinely conservative MP Philip Davies , showed that 275 convicted murderers were released during 2010 and 2011. Of these, 32 served fewer than ten years. Four served fewer than eight years, seven served fewer than nine. It is also the case that 35 people, who had been convicted of homicide, killed again after being released, surely the indefensible deaths of innocents caused by deliberate state action.
Will those who oppose the death penalty, because they are on principle unwilling to risk using it because there are a small number of wrongful executions, abide by the same principle, and also oppose the release of any convicted killers, lest they kill again? No, I thought not. Understandable, but in that case their objection is not a principle, it’s an excuse behind which they hide their real beliefs.
I might point out here that a huge amount of prison space is taken up by murderers serving ‘life’ sentences. Unlike many ordinary criminals, who (after 15 or so crimes) then start serving very short repeated sentences, murderers must by law be kept inside for comparatively long periods. I believe at least one prison in the South of England is largely devoted to housing such prisoners, many of whom are regarded as unlikely to reoffend.
The Ministry of Justice says that the *average* time served by convicted murders is now 16 years. I would stress here that many crimes which would once have been treated as murder are now tried as manslaughter in the courts, in order to obtain a swifter, cheaper conviction. So one could only get a true picture of the situation by close study of manslaughter cases and their outcome, which I have not done, lacking the time and the resources. I suspect such a study would show that , if cases were categorised as murder or manslaughter according to the rules of 30 or 40 years ago, the average time served for murder would be a good deal lower than 16 years. But it would be legally difficult to obtain, publish or comment on such information in individual cases.
Even so, I think it fair to say that homicide is less sternly punished in this country than at any time in modern history. I’d also add, as I always do, that the reason why we don’t have more homicide is not that people are getting nicer or more well-behaved, but because medical skills are getting better. Many attacks involving extreme and potentially lethal violence, which would once have inevitably resulted in homicide, no longer do so because of much-improved emergency trauma treatment. These facts are an important example of the way in which raw figures, examined without background knowledge, can give a seriously misleading impression.
It’s important to put in these distinctions because, as I recounted in ‘A Brief History of Crime’ , the existence of a functioning death penalty for heinous murders (which satisfied the public’s justified thirst for justice and retribution) enabled the relatively early release of the many more pitiable murderers who, even in the days of the gallows, were reprieved and instead sentenced to life in prison. By the end of the 19th century, 20 years had come to be regarded as the maximum time to be served by reprieved murders. Fifteen years was normal. By 1939, most life sentence prisoners were released after between ten and thirteen years. During the 1939-45 war this fell to between six and ten years, though afterwards it rose again to between seven and eleven years (figures mainly from the 1949 Royal Commission on Capital Punishment, an excellent source). In a few exceptional cases (‘mercy killings’ and survivors of suicide pacts, for example) those involved were released after one, two or three years. In the whole period between 1900 and 1949 only one released murderer committed another murder after being freed.
But I digress. My main argument is that the crime figures are fiddled for political reasons, and cannot be trusted. And , thanks to the dedicated work of Dr Rodger Patrick, a former Chief Inspector in the West Midlands Police turned academic, I can tell you how it is done. Dr Patrick got in touch with me after I wrote about the astonishing increase of ‘Out of Court Disposals’ (OCDs) of crimes – including the use of ‘cautions’ to dispose of rape cases, in return for an admission of guilt.
He has been researching the manipulation of crime data for many years. During this time, police performance has been politically important – so bringing into operation what (unless anyone else wants to claim ownership) I shall term "Hitchens’s Law - Any politically sensitive statistic will be manipulated". This sits alongside the well-known ‘Bikini Effect’, noted by Sovietologists in the 1960s, under which the official interest in deception is so great that ‘What the figures conceal is more interesting than what they reveal’.
For example, in a period when the police are trying to obtain more money and resources, and the party in power is keen to oblige, police and state might co-operate to give the impression that crime is rising. When the government of the day is anxious to show that its ‘crackdowns’ are working, then the figures will be massaged to show that crime is falling. But the police, with other objectives, may not co-operate. Cue conflicts between different sorts of statistics. Similar things are true of inflation figures, exam results, school performance. But we will stick to crime.
Often the attempts to manipulate statistics show up when one force or another seems to be doing particularly, exceptionally well. Detection rates, for instance, sometimes rise quite spectacularly. In the case of at least one force, large numbers of supposed detections were obtained through offences being ‘Taken Into Consideration’(TICs) *after* culprits had been convicted and sentenced. Or crimes were dealt with through ‘Penalty Notices for Disorder’ (PNDs), thus avoiding the expense of a trial, but also sparing the culprit from proper punishment . You will have to get used to quite a lot of acronyms in this discussion, for there are more to come.
TICs are supposed to be offences which accused persons admit to when they plead guilty, so that they can be sentenced for them as well, and will not be prosecuted for them in future . You can easily see how a police force under pressure to show evidence of improved performance might persuade criminals to admit falsely to such offences, thus increasing their clear-up rate. There have been instances when this has been proven to happen. As for PNDs, once again it may be useful for criminals and police, in that the police can say the offence has been dealt with, while the offender avoids prosecution and a much more serious penalty.
Then there is what Dr Patrick refers to as ‘nodding’, when the number of burglaries and vehicle thefts ‘detected’ through TICs suddenly rises. If malpractice is exposed, the numbers then fall.
Next there is what Dr Patrick calls ‘cuffing’ ( a term taken from the trade vocabulary of conjurors, who use it to describe the hiding of objects up one’s sleeve).
This, most crucially for our discussion, is used to deflate the level of *reported crime*. You will note that it is *reported* or *recorded* crime that is said to have fallen in the figures leaked at the weekend. This is crime actually fed into the records by police forces, who have compiled the figures themselves. It is different from the levels of crime recorded by the British Crime Survey, an opinion poll of the over-16s which has considerable faults (not least that it leaves out so many young people, who are often victims of crime) .
Older figures, of arrests and convictions, are simply not comparable with either of these measures, as police are often reluctant to make arrests for ‘minor’ crimes because of the appalling bureaucracy they must then suffer; because those arrested are often not charged by the Crown Prosecution Service (CPS), when they would have been in the days when police took such decisions;and because a lot of prosecutions fail or are dropped ; and because a growing number of offences are dealt with by OCDs ( see above) including (largely unpaid) fines, farcically feeble ‘restorative justice’ and non-punitive actions such as probation or community service orders.
An attempt was made to avoid such ‘cuffing’ when in, 2002 a National Crime Recording Standard (NCRS) was introduced. This was based on the idea that the victim decided whether he or she had been the object of a crime, and what that crime was.
But around 2004, this absolute standard was altered. Instead, the police were asked to classify notified crimes according to the ‘balance of probability’. This meant that individual forces were once again free to decide whether a crime really had taken place. Sometimes senior officers cancelled crimes that had been recorded, by ruling that ‘no crime’ had taken place. A BBC survey in 2011 found wild variations among forces in how many crimes had been ‘no crimed’ (2% in one force, 30% in another) . These decisions are recorded and so fiddling is fairly easily detected.
Since this method was exposed, forces have tended to put pressure on officers not to record an event as a crime in the first place. Thus members of the public are asked to accept that that a theft is in fact no such thing, just ‘lost property’. Or a group of burglaries in one block of flats are classified as one crime.
One way in which these figures are influenced is in the police response to reports of (for instance) stolen mobile phones. There have been cases of youngsters (with no conceivable dishonest motive as they were not insured) threatened with prosecution for making false claims that their phones had been stolen. Could this be to help keep the figures down?
Some social scientists have in any case estimated that around half of all robberies and of theft from the person are never reported to the police at all, probably because the items are uninsured and the hope of detection is very small. The fact that many people do in fact have insurance on mobile phones may have increased the number of such cases, previously unrecorded, which began to be recorded.
In one of his papers, Dr Patrick shows how levels of certain crimes dropped abruptly when particular forces adopted new policies of challenging and discouraging the reporting of certain types of crime. This was a shift from a victim-centred approach, under which the police believe you unless there is evidence to the contrary, to a police-centred approach, under which the person who reports a crime is not believed until he can produce proof of the crime.
(I mention here a general point, that I often hear from readers, that police are uninterested in pursuing a crime unless actual CCTV evidence exists of it taking place, and a particular point, the extraordinary account of a burglary in Southampton, carried out in broad daylight (with a crowbar) and recorded on a web cam, so clearly that the burglar’s face is plainly visible. Police did then act and the burglar was convicted, but he was then (ludicrously) bailed while he waited to be sentenced (presumably because of the usual ‘social inquiry reports’ which have to be compiled before anyone is sentenced these days, so that excuses can be found for their behaviour).
The burglar then simply failed to turn up for sentence. Despite his victim reporting sightings of him to the police, nothing was done until the victim and his friends tracked down the culprit to his pace of work.
The burglar was then sentenced to 30 months in prison (in reality, a maximum of 15 months and probably a good deal less than that), despite the fact that he was already subject to a ‘community order’ for a drugs offence. The story is amazing in several ways, and the video footage dispiriting and disgusting. But the simple inertia of the criminal justice system, when a convicted burglar is on the loose, is not accidental or untypical. There is no moral fury in the system, just a weary bureaucratic going-through-the-motions ‘oh well then, if you insist’ attitude. If the victim hadn’t captured the event on film, how much chance do you think there would have been of anything happening? The thief thought he was safe, having smashed another camera on his way in, and failed to realise there was a second one. He was very nearly right to think he was safe. But I digress. This is a comment upon the spirit of the system, which of course affects its behaviour.
Dr Patrick quotes Hans de Bruijn, an expert on performance measurement, saying that any system of performance management can be threatened by the activity known as ‘gaming’ , generally accepted as one of the failings of the Soviet centrally planned economy’. What this means is that , seeking to meet targets, those involved will distort the figures to please their political or other masters.
As De Bruijn wrote: ‘Once a system of performance measurement has been designed and introduced, the perverse effects will, in the long term, force out the beneficial effects’.
Another method mentioned by Dr Patrick is (apart from deliberate under-recording and the conversion of post-sentence admissions into TICs, dealt with above) is ‘the shifting of efforts towards easier-to-detect offences, and the systematic redeployment of specialist officers traditionally committed to combating serious and organised crime in inner city areas to affluent suburbs’. This is known as ‘skewing’.
One thing which Dr Patrick homes in on the use of cautions and informal warnings. ‘This resulted in many individuals gaining a police record when the evidence was insufficient to secure a conviction at court. In some cases the suspect would be unaware they were being recorded as responsible for an offence, this included serious offences such as rape and kidnapping’. This might mean they continue in their criminal behaviour, and do much more serious things later. They also escape justice, as their crimes are dealt with through minor fixed penalties or cautions, and cannot thereafter be brought to court.
We have dealt with ‘cuffing’ , ‘nodding’ ‘skewing’ and ‘gaming’. Another method available to police forces which want to give a false impression are ‘stitching’ under which offenders are charged with crimes when there is insufficient evidence. The police know perfectly well the CPS will not pursue the charge, but can still claim that the crime has been ‘solved’ in records.
You might think that the massaging of figures could be shown openly to clash with the British Crime Survey, which for all its faults cannot be manipulated in the same way. But Dr Patrick says the Home Office has in recent years stopped asking the specific questions in the BCS , on which such comparisons could be based.
I think those who ceaselessly maintain that the official crime figures should be believed without question have to re-examine their position in the light of Dr Patrick’s research (which I have here briefly summarised from voluminous papers).