Karen Duke - Drugs, Prisons and Policy-Making (2004)
Karen Duke - Drugs, Prisons and Policy-Making (2004)
Karen Duke - Drugs, Prisons and Policy-Making (2004)
Policy-Making
Karen Duke
Drugs, Prisons and Policy-Making
For my father
and
in memory of my mother
Drugs, Prisons and
Policy-Making
Karen Duke
Senior Lecturer in Criminology
Middlesex University
© Karen Duke 2003
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Duke, Karen.
Drugs, prisons and policy-making / Karen Duke.
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1. Prisoners–Drug use–Government policy–Great Britain.
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Contents
Preface vii
List of Abbreviations xi
v
vi Contents
Appendix 168
References 172
Index 194
Preface
****
Karen Duke
Middlesex University
November 2002
List of Abbreviations
Introduction
1
2 Drugs, Prisons and Policy-Making
How influential have the policy networks around drug issues in prison
been in the development of policy? When have they been most
influential and why?
How have these networks attempted to contain the contradiction
between treatment and punishment in policy development?
How has this ‘containment’ been shaped by changes in the way in
which the drug problem has been framed and defined, new research,
evidence and forms of knowledge, and the impact of wider political,
policy, social and institutional contexts?
Policy analysis
Wildavsky (1979: 15) emphasises the ‘art’ and ‘craft’ of policy analysis
which involves imagination, thought and creativity. A range of activi-
ties are involved in analysing policy. Hogwood and Gunn (1984) iden-
tify several approaches to policy analysis including studies of policy
content, policy process, policy outputs, evaluation studies, information
for policy-making, process advocacy, and policy advocacy. My analysis
best fits into their category of studies of the policy process which are
concerned with exploring the various influences on the development
of a policy issue and how this development unfolds over time.
However, it can also be classified as a study of policy content in that I
seek to describe and explain the origins, changes and developments
within prison drugs policy.
It is difficult to locate policy analysis within existing disciplinary cat-
egories. It is a field which is composed of various models, theories and
disciplines. Analysts of public policy often find it useful to adopt an
open and multidisciplinary approach to their subject which draws on
several different disciplines. For example, Ham and Hill (1993: 11)
Analysing Prison Drugs Policy 9
Policy networks
Analysing policy networks has become one of the dominant
approaches to studying policy-making in the UK, Europe and North
America (Dowding, 1995). Various case studies have demonstrated the
relevance and utility of the ‘policy network’ concept in describing the
policy process in different sectors (see Marsh and Rhodes, 1992; Wilks
and Wright, 1987; Smith, 1993; Berridge, 1996a; 1997; Thom, 1999;
Ryan et al., 2001). Policy network approaches emphasise the interac-
tion and patterns of association between various actors in particular
policy areas. The type of relationships that form between civil servants,
politicians, group representatives and others are seen to shape policy
outcomes and explain policy change. Rhodes and Marsh (1992a) char-
acterise policy networks as meso level concepts which provide the link
between the micro level of analysis dealing with the role of interests
and the macro level of analysis dealing with the distribution of power
within society. Policy networks both influence the policy process and
reflect the relative status and power of the various interests in particu-
lar areas of policy (Rhodes and Marsh, 1992a).
10 Drugs, Prisons and Policy-Making
Table 1.1: Policy communities and policy networks (the Wilks and
Wright (1987) typology adapted to prison drugs policy)
important however are the data on the real extent and nature of the
social phenomenon which include indicators such as the size of the
drug problem, its social and physical location, and the characteristics
of the drug users (MacGregor, 1999a).
The way in which the drug issue in prison has been defined and
framed has shifted over the various phases of policy development and
influenced policy outcomes. Defining social problems and framing
policy agendas continues throughout the policy process. In order to
understand a social problem, we must explore the process by which it
came to be identified and defined as a problem (Becker, 1966). From a
social constructionist standpoint, ‘problems’ are created by society and
viewed as the outcome of a political process where certain groups are
labelled by the powerful as ‘problematic’ or ‘deviant’. In relation to
drugs policy in prison, a key role has been played by policy networks
in defining policy issues and problems. However, as Jock Young
(1997a) has argued, the social constructionist perspective attempts the
impossible in that it tries to explain the reaction against deviance sepa-
rately from the deviance itself or the formation of social problems sep-
arately from the problems themselves. Thus, the reaction against drug
use in prison cannot be bracketed off from the phenomenon itself. In
left realism, the two sides of the dyad – action and reaction, the
signified and the signifier, rule-making and rule-breaking – interact and
shape each other (Young, 1997a). In my analysis, I will integrate these
two processes by examining the reaction, framing and definition of the
drug problem in prison as well as the nature and extent of the problem
itself.
Rein and Schon (1993) offer a useful framework for analysing policy
discourse which integrates facts, values, theories and interests. In their
view, policy participants construct and make sense of problematic
policy issues through a process of ‘framing’ which is defined as ‘a way
of selecting, organising, interpreting, and making sense of a complex
reality to provide guideposts for knowing, analyzing, persuading, and
acting’ (Rein and Schon, 1993: 146). Policy issues are often framed in
terms of severity, incidence, novelty, proximity and crisis (Rochefort
and Cobb, 1993). These dimensions influence whether they will be
placed on the policy agenda. Severity refers to how serious a problem
and its consequences are perceived to be. It often helps if an issue
affects a large number of people or has a devastating impact on a few
people. Incidence refers to the number of people affected or at risk of
the problem and whether the problem is perceived to be growing,
stable or declining. Novel, unprecedented or trailblazing issues have
Analysing Prison Drugs Policy 15
(i.e. they are awaiting the results of research). Social researchers and
the research they produce can also be used to deflect criticism away
from government in relation to unsuccessful policies (Weiss, 1986). As
Tizard (1990) argues, employing research as a tactic results in many
research reports remaining unread and collecting dust on the shelves
of government departments.
Research can also enter the arena of policy through a process of
‘enlightenment’ or ‘indirect diffusion’ (Weiss, 1986). Within the
enlightenment model, single pieces of research or even a body of related
studies do not directly impact upon policy, rather it is the effect of
cumulative research and information over time which sensitises policy-
makers to new issues and shapes the way in which problems are
defined and framed. However, the role of research through the process
of enlightenment can have a dramatic impact and can help to redefine
the policy agenda. Although the enlightenment model often corre-
sponds most closely to the way in which research informs policy deci-
sions (see Weiss, 1980), it does have several limitations. For example,
there is no filtering process by which inadequate or invalid research is
screened out. Many research findings will also fail to penetrate the
policy arena, while others take such long periods that they are out of
date or irrelevant by the time they are considered. Finally, the more
research conducted on a particular issue, the more complex the impli-
cations become for policy decisions. The direction for policy therefore
becomes less clear.
Research can also be viewed as part of the intellectual enterprise of
society. Here, research is not viewed as an independent variable affect-
ing the policy process, but rather as a dependent variable. As Weiss
(1986: 39) argues, ‘social science and policy interact, influencing each
other and being influenced by the larger fashions of social thought’.
Policy interest often sets the parameters of research, influencing which
social issues or problems are studied. One of the barriers to exploring
the relationship between research and policy is that they are often
treated as separate and self-contained activities. Smith (1992) also
emphasises the reflexive relationship between policy and research and
argues that research and policy are processes which constantly interact
and shape one another.
It is important to acknowledge that different types of research corre-
spond to different types of models (Tizard, 1990). In my analysis, I aim
to draw on the various models discussed above to explore ‘research
utilisation’ within the phases of prison drugs policy development. The
penetration of evidence into the policy-making arena is not automatic
Analysing Prison Drugs Policy 19
The internal context refers to the policy program itself and changes in
its own personnel, sponsors or clients. In this analysis, changes within
the internal structure and organisation of prison drugs policy and the
membership of policy networks will be explored. The proximate context
refers to the changes in the policy environment in which the particular
program operates (Rein and Schon, 1993). Prisons drugs policy can be
viewed as the outcome of interaction between three main public policy
subsystems or sectors: penal policy, drugs policy and social policy. The
distinction and separation between these areas of policy is artificial as
they overlap in both practice and theory. Traditionally, penal policy
and the criminal justice system have not been included in the realm of
social policy, but have been placed in a separate and distinct category
of public policy (Hudson, 1993). Similarly, drug issues have tended to
be the province of the medical-scientific community and have there-
fore occupied a marginal position within social policy (MacGregor,
1998b).
There are aspects of the penal system which are concerned with the
general welfare needs of prisoners, such as probation, specialist services
delivering drug treatment and counselling, as well as other agencies
providing services in prison and on release. Hudson (1993) has illus-
trated the cleavage and continuity between social and penal policy and
argues that the same ideological and material forces affect the develop-
ment of both sets of policies and that they deal with the same ‘client’
groups – the poor, the disturbed, and the addicted. Similarly,
MacGregor (1998b) shows how the development of drugs policy in
Britain, once the domain of the medical community, has also begun to
converge and intersect with other areas of policy. As drugs have
become ‘normalised’ within communities, policy responses have
become more congruent to the way in which other ‘social problem’
groups are dealt with. Thus, the concept of ‘policy spillovers’ is useful
to explain the process where new principles, ideas or policies are trans-
ferred or spill over to adjacent policy areas (Kingdon, 1995). Although
my analysis concentrates mainly on the impact of developments and
changing discourses within penal and drugs policy, the growing
overlap between these areas with wider social policies is also impor-
tant. It is also concerned with the reverse process or the extent to
which developments in prison drugs policy have impacted upon or
been transferred to adjacent policy areas.
The internal and proximate contexts can also be shaped by ‘policy
transfers’ or policy convergences between countries. Garland (2001)
argues that the languages and practices in crime control between the
Analysing Prison Drugs Policy 21
USA and UK are converging due to the fundamental structural and cul-
tural changes occurring in late modernity. However, Jones and
Newburn (2002) argue that both the role of structural factors and
human agency are important in understanding the nature of policy
convergences and divergences within and between nation states. For
example, in his analysis of programme development at the Home
Office, Rock (1994) notes how civil servants who had previously held
posts in North America began to channel North American models,
policies and practices into the Home Office. In the case of prison drugs
policy, policy initiatives from the United States, such as drugs testing,
certain types of treatment programmes and drugs courts, have played
important roles in influencing policy development. However, these
transfers have not been direct, but mediated through key actors and
organisations involved in the policy networks around drug issues in
prisons.
The macro context refers to wider changes in the overall direction of
policy and social, economic, political and institutional change, while
the global context refers to those at the broadest level such as changes in
the historical eras in which reframing may occur (Rein and Schon,
1993). From 1979 to 1997, significant changes took place in prison
drugs policy under the Conservative governments of Thatcher and
Major. This development has occurred within a broader context of tur-
bulent political, historical, economic and social change heavily
influenced by the ideologies of the New Right. Thatcherism was under-
pinned by a combination of neo-liberalism emphasising the free
market, freedom, choice, liberty, limited state, and the primacy of the
individual, and neo-conservatism emphasising authority, order, stabil-
ity, tradition, the family and morality. The ideologies of the New Right
informed Conservative policy, but often in inconsistent and contradic-
tory ways (see Brown and Sparks, 1989; Atkinson and Savage, 1994).
For example, in some policy areas such as welfare provision, controls
on public spending and minimal state intervention were advocated,
while in other areas such as law and order, resources and state inter-
vention increased.
Since 1979, developments in public policy have challenged the tradi-
tional ‘public administration model’ of welfare delivery based on a
bureaucratic structure, professional domination, accountability to the
public, equity of treatment, and self-sufficiency (Butcher, 1995). Under
the Conservative governments, there was increasing emphasis on a
more managerialist and consumerist orientation to public sector organ-
isation. The ‘new public management’ which emerged emphasised
22 Drugs, Prisons and Policy-Making
Existing research on drug issues and prisons has tended to focus on the
prisoners themselves, emphasising prevalence issues, risk behaviour and
their ‘performance’ in relation to the new rules, tests and regulations of
the most recent prison drugs strategies. Although criminologists are
beginning to examine the activities and cultures of the professionals
working within the criminal justice system (see Rock, 1986; 1990;
1994; 1995; Reiner, 1991 and Ryan et al., 2001), the tradition within
criminological research has been to concentrate on offenders and
‘deviant’ populations. Similarly, drugs research has been dominated
mainly by studies of drug users (see for example Becker, 1963; Young,
1971; Rosenbaum, 1981; Pearson, 1987a; Parker et al., 1998). With the
exception of several analyses of drug markets and law enforcement (see
Dorn et al., 1992; Collison, 1995), the focus of research has rarely been
on those in positions of power such as the police, Crown Prosecution
Service, Customs and Excise, and the probation and prison services or
those involved in the formulation of the policies drug users are subject
to. The focus has tended to be on the ‘objects’ of policy, rather than on
the policies themselves or the policy-makers and professionals working
within this area.
In the case of drugs and prisons research, there was therefore a need
to impose scrutiny on those who were in positions of power in relation
to the processes of policy-making. In order to explore how policy
Analysing Prison Drugs Policy 25
Documentary analysis
Documentary records have great significance in contemporary social
settings, particularly within the policy arena. Here, many of the key
actors are involved in the production and consumption of written
records and other types of documents (Atkinson and Coffey, 1997).
However, documents represent artificial or partial accounts which
cannot be taken at face value and require critical assessment.
Documentary materials should be approached for what they are and
what they are used to accomplish through an examination of their role
in organisations, their type and form, and the cultural values attached
to them. It is therefore important to attempt to get below the surface of
documents by probing and analysing their construction, production
and consumption. In relation to drugs policy, Spear (1995: 13) argued
for a fundamental rethink and the need to progress beyond the ‘glossy
government publications’ and their associated political rhetoric.
Within a context of increasing managerialism, Morgan (1997a) also
notes how prison policy documents have become briefer and glossier
over time, containing less meaningful information. Such documents
tend to reduce the complexity of policy issues to very simplistic and
crude levels.
In the area of prison drugs policy, there are several related types of
documents which can provide a source of data at the national level.
These are mainly ‘official’ documents which have been either written
or influenced by those involved in the policy networks around prison
drug issues. Under the typology of documents created by Scott (1990)
which focuses on dimensions of authorship and access, ‘open pub-
lished documents of State origin’ were the key ones employed in my
analysis. The main documents selected were those relating to prison
drugs policy, penal and criminal justice policy, national drugs policy,
and ACMD reports. Where available, I also collected and analysed
annual reports and other relevant documentation produced by penal
reform groups and drug agencies to explore the role of prison drug
issues in their work. Statistics relating to the prison population, drug
addict notifications and drug offenders also formed part of this analysis
26 Drugs, Prisons and Policy-Making
Semi-structured interviews
The fieldwork involved a total of 37 interviews with a wide range of
policy actors including fifteen civil servants working in government
departments involved in the formulation and implementation of the
1995 prison drugs strategy; 12 representatives of drug agencies devel-
oping and providing treatment services within the prison system; 6
directors of penal reform groups lobbying for reform within the prison
system; and 4 spokespersons for professional associations. Although
policy is shaped and influenced by others including government minis-
ters, members of both houses of parliament, journalists and the prison-
ers themselves, these groups were not interviewed. Those selected for
interviews were considered to belong to a central core of influence in
the policy process. This group can be defined by their knowledge of
28 Drugs, Prisons and Policy-Making
involvement in some aspect of the area under study. Most of this group
had experience and knowledge dating back to the early 1980s which
enabled them to reflect on the development of policy.
Interviews were conducted between September 1997 and March
1998. This period was marked by a number of political and policy
changes which affected the research. After Labour won the general
election in May 1997, a series of new policies were in the process of
being formulated and implemented. For example, an anti-drugs coordi-
nator was appointed in October 1997 whose mandate was to guide and
coordinate the new national drugs strategy which was launched in
April 1998. The prison drugs strategy was also in the process of being
revised and was launched in May 1998. The timing of the fieldwork
was important as prison drugs policy was on the cusp of change and
entering a new phase. Respondents were therefore positioned to both
reflect back on the previous strategy and comment on the proposals for
the new strategy. Other significant developments during this period
included calls for a Royal Commission to explore the possibilities
around drugs legalisation, the campaign in the Independent on
Sunday newspaper for the legalisation of cannabis and the Home
Secretary’s son found dealing cannabis. These issues and events perme-
ated the interviews through informal discussion and provided further
insights into the politics and dynamics of the policy process.
Sabatier (1988; 1991) argues that longer term studies of the policy
process covering a time perspective of at least a decade are needed for
three main reasons. First, this usually allows for policy to complete at
least one formulation/implementation/ reformulation cycle so that the
success or failure of a policy can be assessed. Second, the ‘enlighten-
ment function’ of research stresses that the cumulative effect of
research findings impacts upon the policy process gradually (Weiss,
1977a), thus requiring a longer time period to assess its influence.
Third, in order to understand the significance of particular innovations
in policy, policy-oriented learning, and the importance of changing
socio-economic factors, policy analysis should be conducted over
longer time periods. In order to assess the influence of various forces
influencing the development of prison drugs policy, this research has
therefore adopted a time perspective of approximately eighteen years
from 1980 to 1998. The study begins in 1980 because this year marked
the first formal documented interest in drug issues in prison with the
publication of the first ACMD report on drug dependants within the
penal system (ACMD, 1980). The main focus of the research revolves
around the 1995 prison drugs strategy which involved fundamental
30 Drugs, Prisons and Policy-Making
shifts and changes in the way that drugs were dealt with in prisons.
One of the key difficulties in researching the contemporary policy
process is that it is continually developing and expanding. This causes
problems for researchers in terms of choosing a cut-off point for their
analyses. Moreover, as policies evolve and time passes, interpretations
and analyses often develop and change (Berridge, 1994). My analysis
ends in 1998 which marked the reformulation of the 1995 strategy.
Through my interpretations of the main policy documents and inter-
views with key policy actors, it became clear that the development of
prison drugs policy could be divided into four main phases: 1980–6;
1986–93; 1993–7 and 1997 onwards. At the time of writing, the last
phase continues to evolve and develop.
Chapters 2, 3, 4 and 5 deal with the phases of prison drugs policy
development chronologically. Each of these chapters broadly conforms
to the same pattern. They begin by introducing the particular phase of
policy development and highlighting the main features of the period.
This is followed by a brief discussion of the drugs and penal policy con-
texts during the particular phase. The chapters then explore how the
‘problem’ of drugs in prison was defined and framed. This is followed
by an analysis of the policy response to the drugs ‘problem’ in prisons
during the period under review. The chapters draw upon the key policy
documents, reports and relevant research, as well as data generated
through the interviews conducted with key actors in the policy
process. Chapter 6 reflects on the analysis of developments in the
various phases by re-visiting the questions, concepts and theories out-
lined above. This final chapter concludes by exploring the significance
of my findings for the future development of prison drugs policy.
2
1980–6: Prelude to Policy
Development
Introduction
31
32 Drugs, Prisons and Policy-Making
New Right ideas, altered the political and public policy landscape
dramatically.
The Thatcher government embarked on a strategy which involved
radically restructuring the British economy, dismantling the welfare
state, breaking the power of trade unions, reducing public expenditure
and minimising state intervention. Thatcher had placed ‘law and
order’ issues at the centre of her election campaign and committed the
government to additional resources for the criminal justice system. The
Conservative party focused almost exclusively on crimes which caused
public anxiety such as public order and street crimes, particularly
mugging (Hall et al., 1978). The existence of certain populations who
were perceived to be dangerous, including black youth, ‘welfare
scroungers’, drug addicts, and football hooligans, were used to justify
and legitimise increased surveillance, regulation and punitive sentenc-
ing (Brake and Hale, 1989). In the areas of criminal justice and penal
policy, the discourses of punishment and just deserts tended to prevail
over those of welfare, help and treatment. Welfare agencies contracted,
while penal agencies expanded (Hudson, 1993). However, the
Conservative package of social and criminal justice policy reforms
implemented in the early 1980s failed: crime rates continued to soar;
poverty, homelessness, unemployment and ill health increased; indus-
trial disputes continued (notably the miners’ strike in 1984), and a
number of riots occurred in various inner-city areas including Brixton
(south London), Toxteth (Liverpool), Handsworth (Birmingham) and
the Broadwater Farm Estate (Tottenham, north London) (Reiner and
Cross, 1991).
This macro context provides the background, framework and setting
for changes within drugs, prisons and ultimately prison drugs policy
during 1980–6. The chapter begins by exploring the drugs and penal
policy contexts during the period under review and then examines the
drugs ‘problem’ in prison and the responses to it.
By the late 1970s, the drug dependency units established during the
1960s had become less central in the treatment of drug use (Stimson,
1990a). The heroin problem had stabilised and the proportion of newly
notified addicts under the age of 21 had begun to decrease (Home
Office Statistical Bulletin, 1984). The clinics were treating only a small
proportion of drug users, mainly heroin addicts, while the voluntary
1980–6: Prelude to Policy Development 33
This definition encapsulated a wider range of drug takers and took the
view that drug problems are wide ranging, extend beyond the clinical
discourses of dependence and addiction, and require more than just a
medical response. The ACMD (1982) viewed the dichotomy of treatment
within the clinic and rehabilitation in non-statutory agencies as unhelp-
ful and advocated a broader social approach. Similarly, the House of
Commons Social Services Committee (1985: ix) argued that ‘overcoming
dependency demands more of a social than a clinical approach’. Thus, a
more comprehensive and integrated treatment and rehabilitation policy
was advocated which stressed liaison, collaboration, co-ordination and
co-operation between statutory and non-statutory agencies. Drug advi-
sory committees (DDACs) were established in health authority districts
to develop and plan local service provision. They included representa-
tives from the health service, local authority, police, probation and other
statutory and non-statutory agencies. It is important to note, however,
34 Drugs, Prisons and Policy-Making
politicised issue and the prevailing discourse was one of panic, danger
and fear. Drugs had become defined as an ‘alarming issue, a crisis, an
epidemic, even as a plague’ (MacGregor, 1989a: 3). There was much
concern within political circles that the UK would ‘inherit the
American nightmare’ where drug taking and crime would become a
way of life for the ‘underclass’ in society (MacGregor and Ettorre,
1987). In effect, a ‘moral panic’ had been created around drugs, drug
use and drug addicts (Cohen, 1972). This was neatly characterised by a
speech given by the Home Secretary, Leon Brittan, to the London
Diplomatic Association in 1983 in which he professed a strategy of
eradication:
wholly successful and the main outcome of the initiative was a new
layer of drug agencies and specialists (MacGregor, 1998a).
Prevention activities under the government’s new strategy were in the
form of high-profile mass media anti-heroin campaigns beginning in
1985. These initiatives were viewed with suspicion by the drugs policy
community which warned the government against a national campaign
based on fear tactics as this could backfire by stimulating interest in
drugs and leading to increased experimentation (ACMD, 1984). As Power
(1989) has argued, even a perfunctory review of the literature on
campaigns confirms such views and reservations. Despite the warnings,
the government went ahead with their plans. Both quantitative and
qualitative evaluations of the campaigns were undertaken and confirmed
that young people’s attitudes against heroin had been reinforced
(Research Bureau Ltd, 1986; Andrew Irving Associates, 1986). However,
these evaluations have been criticised on methodological grounds due to
the sampling design and size (see Marsh, 1986). Moreover, as Dorn
(1986) argues, the researcher’s conclusions were based on the incorrect
assumption that strong anti-drug attitudes will prevent drug use or that a
change in attitude will produce a change in behaviour.
Enforcement efforts took the form of new structures of drug enforce-
ment, penalties, surveillance and intelligence. Drug traffickers and
dealers were the targets of these efforts and the aim was to ensure that
they were ‘punished severely and should not profit from their illegal
activities’ (Home Office, 1985: 14). The National Drugs Intelligence
Unit (NDIU) was created under the command of a newly established
post of National Drugs Intelligence Officer and regional crime squad
drug wings were established to bring a greater degree of co-ordination
into the policing of drugs. Following the recommendations of the 1985
Home Affairs Committee, the Drug Trafficking Offences Act of 1986
introduced wide powers for the confiscation of assets of drug dealers.
The 1985 Controlled Drugs (Penalties) Act increased the sentencing
tariff for trafficking in class A drugs from 14 years to life imprisonment.
Greater attention was also paid to international co-operation with
regard to drug trafficking through the ratification by the UK of the
United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances of 1988 and by a series of bilateral Mutual
Legal Assistance Treaties agreed between the UK and a number of
countries. The assumption was that activity on the supply front and
the disruption of low level markets would impact upon the demand for
drugs by reducing availability and making them more expensive (Dorn
and Murji, 1992).
38 Drugs, Prisons and Policy-Making
will outline the context and main developments within penal policy
during the period 1980–6.
It was not until the late 1970s that the issue of drug users within the
prison system began to be recognised and debated. Historically, drug
1980–6: Prelude to Policy Development 43
users in the criminal justice system, and particularly prisoners, had not
been given prominence in discussions of drugs policy. As one com-
mentator argued, ‘in the 1970s prisons were regarded as a footnote,
albeit a perplexing one, in the treatment and rehabilitation debate’
(Runciman, 1996: 4). Similarly, the problem of drugs using prisoners
had not been a priority within penal policy. At this time, there was vir-
tually no research or evidence on the extent or nature of the drug
problem in prisons and very little external scrutiny (Berridge, 1990;
Pearson, 1990). Although there was no official, formal documented
policy or strategy which was publicly accessible, drug using prisoners
were dealt with by the Prison Medical Service (PMS). There was
growing criticism of the practices of the PMS from drugs experts and
other professionals in the community. The interest in the issue there-
fore emanated from external sources, rather than from internal sources
within the prison system. In the 1980s, three investigations were con-
ducted which began to examine the treatment of drug users in prison,
highlight and define the problem, and question existing strategies.
These included the 1980 ACMD report on drug dependants within the
prison system, the 1985 House of Commons Social Services Committee
Report on the Misuse of Hard Drugs, and the 1986 House of Commons
Social Services Committee Report on the Prison Medical Service.
By the late 1970s, the drugs policy community began to show inter-
est in the drug issue in prisons. In June 1977, the ACMD working
group on Treatment and Rehabilitation appointed three of its members
to examine and report on the treatment of drug dependants within the
prison system. Statistical evidence collated by the enquiry indicated a
growing number of drug dependants entering the prison system. A
sample of male addicts, followed up for five years after their first
notification, showed over half (56 per cent) had some experience of
custody (Mott, 1977). The report also provided evidence that the
majority of prisoners who were considered to be addicts had not been
receiving treatment during the year in which they were imprisoned.
Prior to the 1970s, prisoners with drug problems tended to be viewed
by both prisoners and prison staff as particularly ‘deviant’ and on the
margins of the mainstream population and culture within prisons.
Many prisoners were forced to keep their addiction hidden to avoid
mistreatment, bullying and harassment from other prisoners and
prison staff. Very few would actively seek treatment and help. During
the late 1970s and early 1980s, there was a perceived shift in the prison
population in relation to the characteristics of drug users or drug
involved offenders. A director of a drug agency who had been involved
44 Drugs, Prisons and Policy-Making
People who were coming in with drug problems were considered second
class citizens for a long time and were almost in the same category as
child molesters. They were seen apart from the criminal population and
they didn’t really mix very much … It used to be the case in the 1970s
that criminal gangs down in South London wouldn’t touch drugs. It was
mainly the hippies, degenerates and down and outs. Then what started to
happen is that mainstream criminals started to get into drug importation.
The whole division started to get more blurred. (Interview (03) with
director of drug agency)
When the addict goes to prison he will be able to, in most circum-
stances, continue with drug abuse. While we appreciate the
difficulties for the prison authorities with the present state of over-
crowding especially in local prisons, it is common knowledge
among addicts that drugs are available. (House of Commons Social
Services Committee, 1985: xxxiii)
Prior to the 1990s, there was very little clear action on drugs in prison and
individual cases were tackled through the medical model. The Prison
50 Drugs, Prisons and Policy-Making
Service wasn’t really out there acknowledging that it had a large number
of drug misusing prisoners or in fact didn’t know whether it had or not in
any structured way. (Interview (19) with civil servant)
The ACMD (1980) suggested that the reasons for this paucity in
treatment facilities included the shortage of psychiatrists in the Prison
Service; failure of the Joint Consultant Programme between the Prison
Medical Service and the NHS; opposition to treatment in prisons by
some psychiatrists; unwillingness of prisoners to seek treatment; low
concentrations of drug users in a single prison to make treatment
viable; the range of sentences served by prisoners made it difficult to
maintain intensive therapeutic regimes; many therapies were based on
a single theory of addiction and were unacceptable to many drug users;
prisoners often changed their minds about treatment between remand
and return for sentence; and overcrowding and budget cuts made it
difficult to initiate and sustain programmes.
In the late 1970s and early 1980s, the few formalised attempts at
drug treatment in prisons involved some form of therapeutic commu-
nity based on a democratic, collaborative, self-help ethos (ACMD,
1980). In such units, no psychotropic medication was available, con-
sultants from the NHS were brought in and prison officers were trained
to work within these regimes. The ACMD (1980) described the efforts
to provide therapeutic regimes in five prisons: the Holloway
Therapeutic Unit, the Annexe at Wormwood Scrubs, Grendon
Psychiatric Prison, Pentonville and Feltham. The ACMD recommended
that more therapeutic units for drug dependants be established on the
model of those operating at Holloway and Wormwood Scrubs and that
follow-up studies be undertaken of drug dependants who had received
treatment in custody. In response, the Home Office argued that
resources were not available for any further units (Home Office, 1980).
In 1985, the Social Services Committee was similarly impressed by
what they witnessed during their visit to the Annexe at Wormwood
Scrubs and reiterated the ACMD recommendation regarding the provi-
sion of further similar units.
Overall, the ACMD report received very little attention and did not
have a huge impact on the prison system or prison drugs policy
(Tippell, 1989; Runciman, 1996; Hamer, 1998). With reference to the
1980 ACMD report, the Social Services Committee (1985: xxxiii) noted
that, ‘the sad truth is that none of these recommendations have been
carried out: this report would seem to have been swept under the
carpet.’ In order for the report to be taken seriously, the Prison
1980–6: Prelude to Policy Development 51
regarding the treatment of drug users in prisons. The drugs and penal
policy communities began to recognise that there were important
issues which needed to be addressed within prisons regarding drugs. A
policy network began to emerge around drug issues in prison which
operated at the subsectoral level or at the interface between penal and
drugs policy. The main concern for this policy network was the treat-
ment provision for drug using prisoners, particularly on release.
Although the Home Office and Prison Medical Service remained at the
core of this network, an increasing number of groups and organisations
became involved at the periphery including the probation service,
SCODA, NACRO, and drug agencies. The drug issue within prisons was
gradually becoming exposed and subject to greater external scrutiny
and challenges.
This policy network recognised the constraints within the prison
system during this period, including the difficult penal conditions and
context, the lack of a formalised drugs policy, the collusion around drug
issues, the professional power of the Prison Medical Service, the lack of
financial resources, and the decline of the rehabilitative ideal. Rather
than attempting to tackle the problem on the inside, they pursued a
much more realistic and pragmatic approach by developing measures to
deal with the problem on the outside through throughcare and release
measures. Working within these parameters meant that they would not
have to confront the problems, conflicts and constraints internal to the
system. The Parole Release Scheme marked the beginning of drug
service development in prisons. It revealed a glaring gap in provision
and highlighted the lack of understanding around this aspect of the
drug problem (Tippell, 1989). In the following chapters, it will become
clear that service development preceded policy development in this
area. Following the work of the PRS, other drug agencies began to work
within prisons and internal interest in the drug issue within the prison
system began to increase. It gradually became more acceptable for drug
agencies to become involved in the criminal justice system:
Conclusion
Introduction
This chapter focuses on the period 1986 to 1993, which signalled the
beginning of more explicit policy development in relation to drug
issues in prisons. As in the previous phase, the issues of throughcare
and treatment continued to be emphasised, resulting in a more formal
policy document on throughcare in 1987 (HM Prison Service, 1987)
and a manual dealing with guidelines on how drug users should be
cared for within the prison system in 1991 (HM Prison Service, 1991).
The HIV/AIDS crisis was the key factor precipitating this move towards
a more defined prison drugs policy. In 1986, HIV/AIDS first began to be
debated in relation to drugs policy in the community (Stimson and
Lart, 1991; Berridge, 1996a). In contrast to the earlier phase, the
‘denial’ and ‘collusion’ which existed around drug issues in prison were
no longer sustainable in light of HIV and the evidence and research
base which was beginning to emerge on the nature and extent of the
problem. The concern around HIV and injecting drug use within the
prison environment resulted in a policy network forming around this
issue which began to pressure the Prison Service to acknowledge and
respond to the problem.
During the period 1986 to 1993, the macro public policy context
continued to be shaped by the reforms and restructuring initiated by
the Conservative government. The discourses of managerialism, value
for money, privatisation, devolvement, voluntarism, partnership and
community were becoming dominant features of the public policy and
political landscape. These were evident in the reforms to the NHS,
education and local government as well as criminal justice policy. The
main thrust behind the reforms and restructuring was to shift the state
56
1986–93: The HIV/AIDS Crisis 57
During the period 1986 to 1993, official indicators showed that the
drug problem continued to grow. With the exception of a decrease
between the years 1986 and 1987, the number of new drug addicts
notified to the Home Office increased steadily from 5, 325 in 1986 to
11, 561 in 1993 (see Table A.3, Appendix). The heroin ‘epidemic’ of the
early 1980s, however, appeared to be levelling off, as the percentage of
newly notified heroin addicts fell from 91 per cent in 1986 to 78 per
cent in 1993. During this period, the number of drug offences
increased threefold from 23, 905 in 1986 to 68, 480 in 1993 (see Table
A.2, Appendix). As a result of the crack cocaine ‘crisis’ in the United
States during the latter half of the 1980s, there was growing political
and media concern regarding increasing use of cocaine in the UK.
However, the addict statistics failed to show a significant problem, with
the proportion addicted to cocaine accounting for less than 10 per cent
throughout the period 1986–93 (Home Office Statistical Bulletins,
1987–94; see also Power, 1994 and Bean, 1993).
By the end of 1985, HIV infection was already established within
drug injecting populations in England, Wales and Scotland. For
58 Drugs, Prisons and Policy-Making
drug misuse’ (ACMD, 1988: 1). Thus, the containment of the virus was
viewed as more important than drugs prevention (Stimson, 1990b;
Berridge, 1991). The drugs policy community increasingly recognised
that many drug users may not wish to stop injecting and that risk reduc-
tion and harm minimisation strategies must be developed to work with
this group. Research evidence from the pilot syringe exchanges also
indicated that they had been successful in attracting clients and chang-
ing risk behaviour, but less successful in retaining clients and attracting
women and young people (Stimson et al., 1988).
Policy-makers were eventually persuaded that harm minimisation
strategies must be adopted to contain the virus and the threat of
leakage into the general population. As Berridge (1996a: 95) argues, the
gap between the ‘political’ and ‘policy community’ views on drugs
policy narrowed and an alliance or consensus developed which was
based on harm minimisation rather than eradication or cure. Drugs
had become a problem of public health rather than individual pathol-
ogy (Berridge, 1996b). Harm minimisation was officially adopted as a
policy goal and involved the extension of syringe exchange schemes,
free distribution of condoms, education around injecting and sexual
practices, and increased use of methadone prescribing. The new
language of risk reduction, harm minimisation, accessibility, and user
friendliness became the ‘official’ discourses in relation to HIV/AIDS
and drugs (Stimson and Lart, 1991).
The HIV/AIDS epidemic and the shift towards greater harm minimi-
sation also brought new players into the field including infectious
disease specialists, public health professionals, GPs and a re-shaped vol-
untary sector (MacGregor, 1998a). Although at one level the response
to HIV/AIDS indicated a partial re-medicalisation of drugs policy, the
emphasis on involving generalists such as community workers, out-
reach workers, and ex-addicts in drugs interventions continued
(Stimson, 1990b). More funds were made available for drug services.
The Central Funding Initiative in the mid-1980s had produced a wide
range of new drug agencies which were in place and ready to adapt and
respond to the HIV/AIDS crisis. In 1988–9 an extra 3 million pounds
and in 1989–90 an extra 5 million pounds were made available for
drug services to increase their role in halting the spread of HIV (Home
Office, 1990b). Such funding enabled many of these services to survive.
However, in order to meet the requirements of HIV funding, many ser-
vices were bent towards responding to HIV and injecting drug use, to
the exclusion of other drugs and other drug users (MacGregor, 1998a).
HIV had a profound effect on the way in which drug services operated.
60 Drugs, Prisons and Policy-Making
During 1986–93, there were also indications that drug issues in the
criminal justice system, particularly in relation to prisons, were moving
into mainstream drugs policy debates. Since their report on prisons in
1980, the ACMD showed a renewed interest in the criminal justice
system. In the series of reports on AIDS and drugs (ACMD, 1988, 1989;
1993), the special problems around the link between HIV and drug use
in prisons were specifically highlighted. In 1990, the Criminal Justice
Working Group of the ACMD was appointed. It explored the various
aspects of the criminal justice system in relation to drug users in three
major reports dealing with probation, police, and prison (ACMD, 1991;
1994; 1996). Policy networks began to form around each of these
issues. The membership of the Criminal Justice Working Group varied
according to the subject area, but many of the representatives had con-
tinuous membership, including Ruth Runciman who chaired each
group. The membership was generally comprised of officials from the
Home Office, Department of Health, Crown Prosecution Service, and
the Scottish Office, psychiatrists, social researchers, and representatives
from probation, police, social services, magistrates and drug agencies.
Although the response to HIV/AIDS was perceived to be radical, this
was only possible because of powerful historical antecedents (Berridge,
1991). Harm minimisation was not a new or unusual discourse, but
one which had a long history and strong tradition in Britain dating
back to the Rolleston era. The response was therefore based on what
had gone on before. As Berridge (1996a: 95) suggests, the AIDS
epidemic re-emphasised and gave political legitimacy to issues in drugs
policy which were already on the agenda within the drugs policy
community. Alongside the penal response, drug services had been
expanding through the CFI and becoming integrated with general
health provision, harm minimisation was advocated, and partnership,
prevention and ‘community’ were being re-emphasised.
The criminal justice system remains a key area of change for tack-
ling drugs misuse, which statutory and voluntary agencies will need
to address together. The boundaries of what constitutes enforce-
ment and what constitutes prevention, treatment and care are being
redrawn
1986–93: The HIV/AIDS Crisis 63
During the latter half of the 1980s, the penal crisis continued, culmi-
nating in serious riots at Strangeways and other prisons in 1990. This
was described by Sparks et al. (1996: 15) as the ‘most drastic and public
notorious event in the modern history of the prisons of England and
Wales’. During the late 1980s and early 1990s, several attempts were
made to manage and contain the crisis in British prisons. The emphasis
on economy, effectiveness and efficiency continued and the discourses
of managerialism and privatisation began to manifest themselves in
more concrete and visible ways. For example, in 1987, the Fresh Start
initiative was introduced which involved a fundamental overhaul of
working arrangements for prison officers and management structures.
By the late 1980s, the issue of prison privatisation was also gradually
creeping onto the political agenda. In 1989, two remand prisons were
handed over to the private sector to manage on an experimental basis.
In 1992, Wolds remand prison on Humberside was contracted out.
However, before it could be evaluated, an amendment to the 1991
Criminal Justice Act allowed for the extension of privatisation to the
mainstream prison population (Ryan and Sim, 1998).
As discussed in the previous chapter, with the decline of the rehabil-
itative ideal, the ‘just deserts’ approach to sentencing moved to the
forefront of penal policy (von Hirsch, 1985). Penal policy during the
late 1980s and early 1990s was in the direction of making punishment
proportionate to the gravity of the offence, making ‘fair’ punishment
the main penal aim rather than the reform or rehabilitation of offend-
ers, reserving imprisonment for serious offences, and substituting com-
munity penalties for short prison sentences for non-violent crimes
(Hudson, 1993). During the period 1986–93, two central themes were
operating within the discourse on justice: ‘just deserts’ and ‘punish-
ment in the community’ (Collison, 1993). These themes and trends
underpinned the Green Paper, Punishment, Custody and the Community,
and the White Paper, Crime, Justice and Protecting the Public, culminat-
ing in the 1991 Criminal Justice Act which marked a significant shift in
penal policy and a pragmatic response to the prison population crisis.
The Act can be viewed as the outcome of careful deliberation and
refinement of the relevant issues by civil servants who had consulted
widely and engaged key interest groups in the debates (Faulkner, 1996;
Downes and Morgan, 1997). By the late 1980s, the penal lobby was
growing increasingly sophisticated in its structure and organisation
and could not be ignored by policy-makers. For example, the Penal
64 Drugs, Prisons and Policy-Making
provided the framework and context for the way in which drugs and
HIV/AIDS were dealt with in the prison system. The opening up of the
prison to outside agencies in the community had the potential to
challenge the monopoly prison medical officers had over the care and
treatment of prisoners with drug problems. Before exploring some of
these issues, the next section will first examine the nature and extent
of the ‘problem’ of drug use in prisons and how it was reconceptualised
during the period 1986–93.
During the late 1980s and early 1990s, the drug problem in prison was
reconceptualised and framed in new ways. The problem had progressed
to the stage where it could no longer be denied nor ignored. The
collusion around drugs became increasingly untenable due to a
number of interlinked factors – changes in the drug problem in terms
of incidence and severity, the HIV/AIDS crisis and fears of leakage into
the general population, an emerging policy network around HIV and
drug issues in prisons, and the growing research and evidence base.
The drug problem in prisons was finally acknowledged reluctantly by
the Prison Service. This process was referred to as the ‘end of the
denial’ by informed members of the policy network around drug issues
in prisons. As a director of a drug agency argued:
There was always an absolute denial that there was any drugs in prison
… Drugs are illegal therefore they don’t exist. That went on right up until
the early 1990s … when there was an acknowledgement that there was a
drug problem in the prison setting. Before, there was always a complete
and total and utter denial, partly because no one really knew what to do
about it. So if we pretend it is not there, it will just go away. But it didn’t,
it got bigger and bigger. (Interview 04)
1991, but then increased again to 4,835 in 1993 (see Table A.2,
Appendix). Reflecting the greater use of cautioning for drug offenders,
particularly for unlawful possession, the proportion of drug offenders
sentenced to custody decreased progressively from 16 per cent in 1986
to 7 per cent in 1993 (Home Office Statistical Bulletin, 1994b). With
the ‘end of the denial’ and the growing public acknowledgement of
the drug problem, a director of a drug agency suggested that this
caused the issue of drugs in prison to grow and perhaps take on its
own momentum:
The increase in the extent of the drug problem in prisons was associ-
ated with heightened awareness of the issue and concern amongst
drugs experts, civil servants and other professionals that the problem
was becoming more serious with an increasing number of prisoners
using drugs other than cannabis. Perceptions regarding the drugs
‘problem’ in prisons had shifted in terms of incidence and severity. As
a civil servant commented:
Those working within prisons suggested that heroin use had become
accepted as a part of prison life. In a sense, it had become ‘normalised’.
The increased use of drugs, particularly class A drugs, was beginning to
pose a threat to the prison environment in terms of order and control
problems. Drugs were seen to be the source of more violence, bullying
and intimidation within prisons (HM Chief Inspector of Prisons, 1992).
A penal reformer recalled that as drug use became ‘routine’ in prisons,
it became a problem of control and order:
1986–93: The HIV/AIDS Crisis 69
You can’t authoritatively measure it, but the use of drugs in prisons – the
routine use of drugs – grew massively in the late 1980s, early 1990s. The
interest in what to do about it was to a significant extent a reflection of
what was happening. Drug use was becoming routine in prisons … it
offended against common sense ideas of ‘law and order’ and it was
associated with intimidation and violence … it presented control
problems. It certainly was a control issue. (Interview 24)
HIV/AIDS crisis
Another factor, perhaps the most important, which was linked to
greater awareness and the reconceptualisation of the drug problem in
prison was the HIV/AIDS crisis. The first prisoners in England and
Wales known to be HIV positive or to have an AIDS diagnosis were
received into the prison system during the period 1984–6. The number
of known reported HIV positive prisoners remained fairly stable and
averaged between 40 to 70 per month from 1986–91. During 1992–3,
this figure dropped to an average of 30 to 35 cases. By April 1995, a
total of 449 known HIV positive prisoners had been reported since
1985, 30 prisoners with an AIDS diagnosis were notified, and 12 pris-
oners with an AIDS-related illness had died during their sentences (HM
Prison Service, 1995c: 7).
70 Drugs, Prisons and Policy-Making
There are flavours of the year. There was HIV/AIDS when it was the
flavour of the year. This meant it attracted grants. We used to call it
‘positively funded’ … Drugs – the war on drugs – became a hot public
issue. Groups see the opportunities for funding and so it was in their
interest to talk it up. (Interview 29 with penal reformer)
All drug policies were driven by concern about HIV and AIDS then and
prison was seen as being a major route of transmission back into the
72 Drugs, Prisons and Policy-Making
these issues more visible. In 1989, the BBC produced a Panorama pro-
gramme entitled The Killer Inside, which focused on drug use in
prisons, needle sharing and HIV/AIDS. The reporter, Robin Denselow,
interviewed prisoners and staff in Wandsworth, Saughton, and Stafford
prisons. The interviews revealed that drug injectors were sharing
needles in prisons. One prisoner claimed they had two sets of ‘works’
between 30 prisoners, while another prisoner who was HIV positive
was sharing a needle with 20 other prisoners who were aware he was
infected with the virus. In many ways, this programme amplified the
issues of drugs and HIV/AIDS (Cohen, 1972), but it also helped to high-
light the plight and treatment of HIV positive prisoners and the lack of
policy response. Members of the policy network recalled that this was a
particularly powerful programme at the time and had much impact in
terms of raising awareness around the issues and placing them on the
policy agenda.
This growing research and evidence base corresponds to the ‘enlight-
enment’ model of research utilisation (Weiss, 1986), whereby a body of
evidence accumulates over time eventually sensitising policy-makers to
new issues and shaping the framing and conceptualisation of prob-
lems. It also corresponds to the ‘interactive’ model where research,
information, and data are pooled by a diverse range of actors such as
civil servants, journalists, interest groups, practitioners and profession-
als in order to make sense of the problem. The research was used by
the policy network to pressure for a different response in relation to
the problems of drugs and HIV transmission in prisons (Berridge,
1996a) and to force a public acknowledgement that drugs were being
used in prisons. Once this information was published and in the public
sphere, it meant that the problem could no longer be denied and
ignored by the Prison Service or the government. As a spokesperson
from a professional association argued, it was no longer politically
possible to deny the existence of a problem:
once the thing becomes public, once you say there are people using
drugs in prison, you then get a political dynamic happening. The pro-
fessionals are quite happy for people to be using drugs in prison as long
as it’s cannabis, as long as they’re not injecting. But politically it
becomes untenable for the government to allow prisoners to engage in
illegal activity while they’re supposedly serving a sentence. That is
unacceptable to Daily Mail-driven public opinion. It then becomes
unacceptable for politicians. That ratchets the awareness up that much
more. (Interview 21)
1986–93: The HIV/AIDS Crisis 75
The interest around the drug problem in prison reflected the preoc-
cupation with drugs in the outside community. Problems such as drugs
and HIV/AIDS, however, appear to be subject to time lags or delays
before they manifest themselves within the prison environment. This
is linked to the initial denial of the problems and the speed at which
the Prison Service deals with issues. Once the Prison Service acknowl-
edged the drug problem, they were forced to ‘catch up’ in their
response to it. A director of a drug agency recalled that this was a slow
process:
The period from the late 1980s to 1993 was described by one key
policy actor as a time when a ‘mood was developing’ in terms of
responding to the drug problem in prisons. More formal and explicit
policy development began with the statement of policy on the
throughcare of drug users in prison in 1987 which carried through
some of the issues highlighted by the policy network which had
formed around treatment and throughcare issues during the earlier
phase. This was followed by a more comprehensive manual of policy
guidelines entitled Caring for Drug Users in 1991. The HIV/AIDS crisis
also resulted in policy development which intersected with prisons
drugs policy. The next sections will explore the policy response to
drugs and then examine the response to HIV/AIDS.
policy was to build upon these efforts across the Prison Service and to
make the most of ‘the opportunity presented by imprisonment to help
drug users break or modify their habit’ (HM Prison Service, 1991a: 2).
The manual included guidelines for assessment and identification of
drug users, detoxification, treatment and counselling, general health
care and lifestyles, harm minimisation, throughcare, and liaison with
community agencies. A multidisciplinary response was advocated
which involved all prison staff including prison medical officers,
probation officers, prison officers, psychologists, education officers,
governors as well as specialist groups and agencies in the community.
The aim was to create a positive climate in which drug users would
reveal their drug problems and seek help.
Under these new guidelines, it was clear however that the quality
and type of care for drug using prisoners was not congruent with what
they would have received in the community. The legacy of the
Rolleston report and the discourse of less eligibility in relation to the
treatment of drug users in the prison system endured. Ross et al. (1994)
argued that the 1991 guidelines for dealing with drug users in custody
breached normal standards of professional ethical care. For example,
drug addicts in prison were much less likely to be receiving treatment
with a notifiable drug (i.e. methadone) than their counterparts in the
community. In many cases, prisoners receiving methadone treatment
on the outside were not given the opportunity to continue their treat-
ment within prisons. Where methadone was offered in prison, it was
provided on an accelerated seven day regimen (HM Prison Service,
1991a, sec. 2: 4). The accelerated withdrawal programme does not
replicate the physiological rate of withdrawal and can cause with-
drawal symptoms and stress to patients (Ross et al., 1994). Moreover,
strip cells were often used for prisoners who were addicted to opiates.
Such short regimens and harsh treatment may lead prisoners to use
illegal drugs in prisons. Ross et al. (1994: 1094) argued that the monop-
oly which the PMS had over medical provision in prisons, the non-
standard treatment regimens and the abuse of the concept of clinical
judgement left ‘the prisoners disenfranchised to the point of suffering
serious avoidable morbidity’.
At the same time as the manual was published, revised throughcare
guidelines were also issued (HM Prison Service, 1991b). Re-emphasising
the key roles of the probation service and prison medical officers, these
were similar to those issued in 1987, but they placed much more
emphasis on utilising a multidisciplinary approach involving all prison
staff. As discussed in the earlier section on partnerships in drugs policy,
78 Drugs, Prisons and Policy-Making
It was the reaction of the staff to them that made it quite clear that this
was something that had to be dealt with. Up to that point, people
assumed that it could be dealt with in a reasonable way as a medical
concern. It was only when staff reaction became so vivid, that in fact, it
was realised that it wasn’t just a medical problem, but that it was a
management problem. (Interview 31)
There had been several calls to end the use of VIR by various experts
and organisations (WHO, 1987; ACMD, 1988; 1989; Farrell and Strang,
1991; Woolf, 1991). By 1991, the Prison Service recommended that
HIV positive prisoners who were otherwise healthy should not be seg-
regated, but kept on normal landings. However, medical officers and
prison management retained the power to segregate HIV positive pris-
oners ‘for reasons of good order, discipline, health or safety’ (Home
Office, 1991a, annex A, para. 18). The application of this policy was
strongly localised (Berridge, 1996a). For example, on the K1 wing of
Wandsworth prison, VIR and segregation still operated and prisoners
were kept in a basement with little time out of their cells, whereas
Bristol prison had rejected VIR, ensured full confidentiality to HIV pos-
itive prisoners and integrated them on normal landings. The practices
at Wandsworth prison had been condemned in 1991 by the Woolf
Inquiry as a ‘travesty of justice’ (Woolf, 1991: para. 360). Although
there had been many calls for reform in relation to VIR, one third of
prisons in England and Wales were still segregating HIV positive
prisoners (ACMD, 1993). The manner in which HIV positive prisoners
were dealt with in the prison system illustrates the Prison Service’s
preoccupation in dealing with high-risk groups rather than tackling
high-risk behaviour.
By 1986, the Prison Service had established an AIDS Advisory
Committee to advise the Director of Health Care on all matters relating
to HIV in prison. Its membership included outside agencies, indepen-
dent experts on HIV and prison staff. The Committee developed a
strategy which aimed to: prevent people from becoming infected;
prevent onward transmission of the virus; minimise the social stigma
of HIV and provide proper medical treatment, support and care to
those with HIV (HM Prison Service, 1995c: 10).
82 Drugs, Prisons and Policy-Making
Harm minimisation
As discussed earlier, the advent of HIV/AIDS in the community was
eventually followed by an expansion of services for drug users, the
adoption of the principles of harm minimisation, and a broad-based
community approach involving doctors, pharmacists, police, social
workers, and probation officers. However, prisons were excluded from
these changes in practice and the liberal consensus which had been
achieved (Farrell and Strang, 1991; Berridge 1996a). The incorporation
of harm minimisation as a drug treatment philosophy had been met
with difficulties within the prison environment resulting in inadequate
choice and standards of care in relation to HIV positive prisoners com-
pared to similar patients in the community (Young and McHale, 1992).
One of the main factors in the adoption of the ‘abstinence’ based
approach was the resistance to publicly acknowledging that either drug
taking or homosexual sex is taking place in prisons. To adopt a harm
minimisation and risk reduction philosophy would mean condoning
two illegal activities in the prison environment. This was seen by the
Conservative government, in particular, to be politically unacceptable.
The Home Office’s reliance on ‘legal formalism’ placed prisoners at
greater risk from HIV/AIDS than the general public (Thomas, 1990: 90).
84 Drugs, Prisons and Policy-Making
Harm reduction is also about going back to the violence thing [and] is
linked to helping prisoners, particularly young offenders, get through their
sentence safely … Many governors [who] are aware will not say, ‘don’t
take drugs because they’ll harm you’, because they realise that’s not going
to have impact on recreational users. What they will probably say is, ‘For
goodness sakes, don’t borrow money to buy drugs. That’s the real danger.’
(Interview 14b)
Prison Service and its legal advisers. The Prison Service has argued that
the provision of condoms would mean that illegal acts were being con-
doned. However, the ACMD (1988: 65) pointed out that it was difficult
‘to see how allowing access to condoms in prison could be regarded as
condoning unlawful acts when placed in the context of the public
health considerations involved.’ Other arguments were also made by
the Prison Service that condoms do not provide adequate protection in
anal sex; condoms would increase the incidence of homosexual activ-
ity; there was a lack of evidence that high-risk behaviour occurs; staff
would object; and condoms could be used for other purposes such as
drug smuggling (Curran, 1991c).
In other European prison systems, including France, Denmark,
Germany and the Netherlands, condoms have been made available
to prisoners (British Medical Journal, 1995). There have been various
calls from outside bodies and organisations for the provision of
condoms in prison (WHO, 1987; ACMD, 1988; 1989; Trace, 1990;
Prison Reform Trust, 1991). Curran and Morrissey (1989) also found
that the majority of prisoners and staff at Wormwood Scrubs wished
to see condoms provided. Based on the House of Lords judgment in
Gillick v. West Norfolk, if prison medical officers were providing the
means of protection, they could not be held responsible for encour-
aging an illegal act. In effect, the provision of condoms in prisons
was seen to be a medical matter. Therefore during the period
1986–93, the prison policy on condoms was that they could be
provided subject to the clinical judgement of the prison medical
officer. In practice, however, condoms were not freely available.
Many prison medical officers refused to view them as a prescription
and prisoners were reluctant to request them.
Similar to the issue of condoms, the provision of needle exchanges
in prison has not been seen as appropriate by the Prison Service (HM
Prison Service, 1995c) or by the ACMD (ACMD, 1988). Needle
exchanges could be seen as encouraging drugs use and contradictory to
the duties of prison staff to detect the smuggling of drugs into prisons
and prevent drug use in custody. It was felt that ‘the conflict between
encouraging prisoners to use an exchange scheme and detecting illicit
drug use would have no easy resolution’ (HM Prison Service, 1995c:
30). Arguments have also been put forward that needles could be used
as weapons within the prison environment (Trace, 1990; British
Medical Journal, 1995). However, stopping syringes and drugs getting
into prisons means that there will be more sharing of existing ones and
thus, a greater threat of HIV transmission.
86 Drugs, Prisons and Policy-Making
It’s a hard one for us in working with the agencies who quite properly
would talk about harm minimisation approaches. It’s hard for us to
say that means that some of our prisoners are taking drugs some of the
time because it’s an illegal activity that we have some difficulty in
countenancing. It’s a rubbing point between work agencies can do and
our approaches to it. Sometimes those things don’t come together very
neatly. (Interview 14a)
began in 1992. It was not until 1995 that the Committee published its
review and its recommendations. These will be discussed in the next
chapter.
It is evident that many of the ideas and discourses which were
prominent in drugs policy during the 1986–93 period failed to pene-
trate the development of drugs and HIV/AIDS policies in prisons. The
policies which did emerge, including the 1987 throughcare guidelines,
1991 treatment manual, and HIV policies on VIR and education and
training, were hindered by implementation which was strongly
localised. The Prison Service limits its role to setting a policy frame-
work and standards and then local management applies these to mirror
local circumstances. Although the Prison Service can highlight the
importance of the policy guidelines and their recommendations for
good practice, they have no power to ensure that these are imple-
mented locally. This allows for much discretion and choice, particu-
larly for prison governors, in implementing central policy decisions
often leading to wide variation and lack of consistency across the
system.
Conclusion
During the phase 1986–93, the HIV/AIDS crisis became the driving
force behind the development of a more explicit prison drugs policy.
By 1986, the HIV/AIDS issue had become linked to injecting drug use
and fears of transmission into the heterosexual population became a
reality. In the community, HIV/AIDS had become a ‘national emer-
gency’ in policy terms provoking a ‘wartime response’ (Berridge,
1996a). Prisons were no longer immune from external scrutiny and
could not deny the existence of the drug problem in prison. The
‘official’ discourses around drugs in prison which were evident in the
early 1980s could no longer be sustained. The ‘end of the denial’ was
linked mainly to the HIV/AIDS issue, but also to a growing evidence
base which began to challenge the view that a drug problem did not
exist in prisons. Furthermore, a policy network was growing around
the drugs and HIV issue in prison which began to lobby the Prison
Service for a humane and pragmatic response.
Although a liberal response to the issue of HIV/AIDS and drug use
had eventually been achieved in the community through policies of
harm minimisation and risk reduction, this was extremely difficult to
extend to the prison environment (Berridge, 1996a). Such policies were
constrained by the institutional context of the prison system and the
88 Drugs, Prisons and Policy-Making
Introduction
89
90 Drugs, Prisons and Policy-Making
regard to offenders, Major argued that ‘we should understand less and
condemn more’ (quoted in Downes and Morgan, 1997: 130). During
this phase, both penal and drugs policy were affected by the populist
punitive rhetoric and by the new managerialism which had effectively
penetrated both policy areas.
The latter part of the chapter explores the way in which the drugs
‘problem’ was framed by key players and the policy response. During
this phase, the drug issue in prisons was officially acknowledged and
politicians in a sense had ‘come clean’ regarding the ‘problem’. Drugs
were increasingly framed as a ‘problem’ of order and control for the
institution. The response in both political and policy terms was to ‘get
tough’ and take control of the problem by implementing a defined
strategy which emphasised mandatory drug testing and security mea-
sures. As prison drugs policy became more explicit, the contradiction
between treatment and punishment intensified. A number of compet-
ing objectives required balancing: safety, security, control, punish-
ment, treatment, and care. However, the policy framework failed to
address how the ‘balancing act’ could be achieved (Seddon, 1996).
Within a framework which included a punitive political context, an
increasing emphasis on managerialism and the influence of US policies
and ideas, this chapter will show that the penal aims of the strategy
had clearly taken precedence over those of health and treatment. In
response, a policy network began to form which criticised the intro-
duction of mandatory drug testing and the over-emphasis on control
and punishment. It lobbied for increased resources and more focus for
treatment and care. Although this network had some success in rebal-
ancing the strategy, the focus on punishment, control and security
continued to be predominant.
During the period 1993 to 1997, official statistics indicated that the
drugs ‘problem’ in the community was continuing to grow. For
example, the number of new drug addicts notified to the Home Office
increased steadily from 11,561 in 1993 to 18,281 in 1996, and the pro-
portion addicted to heroin increased by 6 per cent during this period
(see Table A.3, Appendix). The number of persons found guilty, cau-
tioned or dealt with by compounding for drugs offences also increased
dramatically from 68,480 in 1993 to 113,154 in 1997 (see Table A.2,
Appendix). By the early 1990s, the drug problem in Britain had
changed. Research began to show that poly-drug use including
1993–7: Coming Clean and Taking Control? 91
As was the case in other policy areas, the strategy also introduced per-
formance indicators to monitor and evaluate progress, indicating a
more ‘managerial’ approach towards the problem of drugs. The new
strategy represented a new conception of what constituted ‘policy’. It
was much more strategic, concrete and specific in relation to key aims
and objectives than previous policy frameworks.
The strategy, however, focused almost exclusively on drugs and the
drug problem and failed to make links between drugs and other social
issues such as housing, employment and economic regeneration. The
three strands of the Statement of Purpose were to be interdependent
and given equal importance. Although it was stressed that the
Statement was not listed in priority order, the order has been assumed
by informed observers to reflect the priorities of the strategy. In
response to the strategy, many groups, associations and individuals
argued that a careful balancing act would have to be achieved to
ensure that crime, enforcement and control objectives would not over-
ride public health, treatment and prevention objectives (see ACOP,
1995; ACPO, 1995; ADSS, 1995; All Party Drugs Misuse Group, 1995;
Baroness Jay of Paddington, 1995; LDPF, 1995; LGDF, 1995; Phoenix
House, 1995; Release, 1995; SCODA, 1995; Turning Point, 1995). The
strategy also represented a retreat from the harm minimisation princi-
ples which had been pursued during the previous phase of drugs policy
92 Drugs, Prisons and Policy-Making
from 1986 to 1993 (Ashton, 1995). Abstinence had now become the
goal of intervention with harm minimisation as a means to that end,
rather than an end in itself (HM Government, 1995). During this phase
of policy development, it appeared that concern around HIV/AIDS was
superseded by the relationship between drugs and crime. The ‘drugs-
crime link’ had become the driving force behind policy development.
Further research on the links between drugs and crime was to be com-
missioned by the Home Office (HM Government, 1994). Moreover, the
criminal justice system was increasingly being seen as a location or
opportunity for drug treatment intervention. Findings from the
National Treatment Outcome Research Study (NTORS) showed that the
1,110 drug misusers in the NTORS cohort had committed over 70,000
separate crimes in the three months before entry into treatment. In the
two years prior to treatment, the cost to the criminal justice system in
dealing with their offences was estimated at £4 million and the cost to
their victims was estimated at £34 million (Department of Health,
1996: 11)
The emphasis on enforcement-related activities was also reflected in
the amount of resources spent on each activity. The funds spent on
enforcement, deterrence and controls greatly outweighed those spent
on treatment, rehabilitation, prevention and education. For example,
for the year 1993–4, the government spent an estimated total of £526
million on tackling drugs across the UK, with £209 million being spent
on police/customs enforcement, £137 million on deterrence and con-
trols, £104 million on prevention and education, £61 million on treat-
ment and rehabilitation and £15 million on international action (HM
Government, 1995, annex B). The new strategy did not attempt to
overhaul radically or redistribute drug spending. Very few new
resources were made available. Informed members of the drugs policy
community suggested that the national drugs strategy was imbalanced
and focused too much on enforcement issues. They thought the claim
that the three strands of the Statement of Purpose (i.e. crime, young
people, and public health) were to be given equal importance was
meaningless rhetoric. The only way to rectify the imbalance in practice
would be to radically overhaul drugs spending.
The bifurcation in drugs policy described in previous chapters con-
tinued to operate during this later phase of policy development. The
emphasis was on prevention and education for young people and treat-
ment for the ‘deserving’ victims of drugs, with increased enforcement
and policing for the hardened user who might also be offending.
Under the aim ‘to increase the safety of communities from drug-related
1993–7: Coming Clean and Taking Control? 93
crime’, one of the main objectives was ‘to reduce the level of drug
misuse in prisons’. This was the first time that penal drugs policy
objectives had been systematically incorporated at the national level.
Due to the growing interest in drug issues in prison within policy net-
works throughout the 1980s and early 1990s (as well as the fact that
law enforcement was one of the main planks of the strategy), the drugs
policy community saw the inclusion of prisons in national policy
development as imperative. However, some alluded to the fact that the
Prison Service was reluctant to be incorporated into the new drugs
strategy. This resistance reflected the insularity of the Prison Service
and their tendency to work on their own with little outside input. As a
drug agency director recalled:
My memory basically is that the Prison Service were trying to stay out of
that. They were trying to plough a single furrow on their own. They felt
that they had a problem and it was a ‘prison’ problem and they could
deal with their ‘prison’ problem. It was with quite considerable reluctance
and a great deal of political pressure that they became part of the targets
within TDT. That demonstrates things which are evident in other organi-
sational structures as well – structures that are very self-contained which
see themselves to some degree as being afflicted and criticised. They felt at
the point that they could produce some sort of solution which was just
their solution which didn’t go beyond their own walls. My sense at that
time was that the Prison Service nationally came on board reluctantly.
(Interview 08)
with the outside community and agencies, and how those agencies
and the community relate to prisons.
You can see certain things – MDT being the obvious one – as part of the
crackdown which follows the brief period of liberalisation [after] the
Woolf report … There was a period of what you could call the ‘Prague
Spring’ for the prison system … It doesn’t last very long. The tanks roll
back in and this takes many different forms – the introduction of the
incentive scheme is an example, MDT another … so it’s part of the
change of mood music of the period from about 1993 onwards.
(Interview 24 with penal reformer)
Agency status
A key trend in public sector reform during the late 1980s and early
1990s was the development of ‘agencies’. Under agency status, quasi-
autonomous bodies are established which are responsible for the devel-
opment of operational policies within a policy and resource framework
set by central government (Home Office, 1988b). The agencies are
responsible for delivering the services within these resource limits. On
1 April 1993, the Prison Service was detached from the Home Office,
hived off from direct government control and established as an execu-
tive agency. A Director General, Derek Lewis, was recruited from the
private sector to facilitate these changes. Under the new decentralised
arrangements, more responsibility, control and authority for budgets,
contracts, staffing and regimes was devolved from Prison Service head-
quarters to individual prison governors.
In 1993, six principal goals were set for the Prison Service: to keep
prisoners in custody; to maintain order, control, and discipline in a
safe environment; to provide decent conditions for prisoners and meet
98 Drugs, Prisons and Policy-Making
Drugs had become one of the most potent, expensive and powerful
currencies within the prison system. The type of currency within prisons
determines how the system will operate. Currencies, such as tobacco, tele-
phone cards and chocolate, have always existed. The problem was not so
much that drugs had become a currency, but that in some prisons they
had become very expensive leading to huge debts and violence. Sparks et
al. (1996) found that in prisons where cash economies operated, the price
of drugs was high and a lot of money was generated through them. The
illegality of drugs was also a key problem. For the first time, the currency
being used not only breached prison disciplinary rules, but was also
against the law. The Conservative administration was particularly con-
cerned with the illegality issue and the public imagery of failing to take
tough action on such activities. The use of alcohol is also against prison
rules and creates problems around violence and control. However,
alcohol was not viewed as problematic and no overall strategy existed for
alcohol during this period. This suggests that the concern around drugs
was set within a political rather than a practical agenda (Hewitt, 1996).
When drugs became a currency, it led to loss of control by the
authorities over the prison environment. For example, the Learmont
inquiry found that prior to the escapes at Parkhurst, drug use and
dealing were pervasive within the prison and had led to an increase in
assaults and violence between prisoners. An internal enquiry con-
cluded that the prison ‘had a serious drug problem [which was] greater
than initially envisaged. The supply of drugs is spiralling out of the
control’ (quoted in Learmont, 1995: para. 2.247). The notion that the
problem was out of control was seen to be the key to the drug problem
among those most concerned with developing prison drugs policies.
Drugs were no longer seen as ‘functional’ in keeping the system under
control (as they had been in the 1980s), but as a disruptive, destabilis-
ing, threatening and dangerous factor:
The consequences of [drugs] affected the whole life of the prison in terms
of potential violence, but also in terms of destabilising the whole system.
(Interview 18 with penal reformer)
It’s by no means only about drug use in itself … It is the overall sense that
it leads to a more unpleasant and unmanageable environment.
(Interview 02 with civil servant)
Imprisoning more drug traffickers and offenders does not ensure that
all drug-related crime will be controlled as the advocates of the 1991
1993–7: Coming Clean and Taking Control? 101
If the regime quality was fundamentally different, then we’d have a very
different story in terms of drugs. I principally see it as a quality of regime
issue which means the stultifyingly boring life is tempered by using drugs,
mainly cannabis and in its wake, it becomes a control issue of bullying,
violence, and trade … Therefore what you get is the collusion of princi-
pally families [and] friends breaking through that cordon sanitaire, plus
the occasional prison officer deviates. And the whole thing becomes a
great game. (Interview 05 with director of drug agency)
During this phase, there was also growing recognition amongst the
policy network that the drug problem in prison extended beyond the
prison walls in terms of links with crime and criminals on release,
debts, trafficking, and problems for prisoners’ families and friends. It
was difficult for prisoners to break free of drug networks within prisons
on release. The drug supply networks in prisons were inextricably
linked to those operating in the community. Prisoners’ families and
friends were being pressurised to smuggle drugs into prisons, forced to
102 Drugs, Prisons and Policy-Making
The next section will explore the response to the drug problem in
prison during this phase which took the form of the 1995 prison drugs
strategy.
1993–7: Coming Clean and Taking Control? 103
the United States in Spring 1993, the Director General of the Prison
Service, Derek Lewis, was impressed with American drug testing pro-
grammes and believed they could be effective in reducing drug use in
British prisons (Lewis, 1997). Under the MDT protocols in 1995, ten
per cent of the population of each prison was selected at random by
computer. Selected prisoners were required, without warning, to
provide a urine sample. The mandatory testing powers could also be
used on reception; on suspicion; prior to risk-related activities such as
temporary release and for persistent offenders. MDT is undertaken by
specially trained prison officers, rather than health care staff who are
bound by professional and ethical codes which prevent them from par-
ticipating in activities without the consent of their patients. The MDT
programme was resource and labour intensive and the cost for the pro-
gramme was borne partly from the existing budgets of individual
prisons and by diverting resources from other Prison Service areas.
Although prisoners could not be forced to provide a sample for
testing, those who refused could be disciplined for refusing to obey a
lawful order. Prisoners who tested positive were liable to the usual
range of disciplinary action on adjudication including additional days,
loss of privileges and earnings, and administrative measures such as
closed visits and removal of home leave. However, it was estimated
that 90 per cent of the adjudication outcomes involve awarding addi-
tional days (ACMD, 1996). The Home Office estimated that MDT
would increase the prison population by 300 (Home Office Statistical
Bulletin, 1996) and the annual cost for holding an extra 300 prisoners
in custody would be over £7 million (Penal Affairs Consortium, 1996).
The Prison Service outlined several purposes of MDT including deter-
rence, identification for treatment programmes, helping prisoners to
overcome peer pressure, provision of data on the scale and pattern of
drugs use in prison, and information for a performance indicator of
drug use (HM Prison Service, 1995b). But many key policy players
argued that the link between MDT and treatment was not as sophisti-
cated as it was presented in the strategy. MDT was primarily seen, par-
ticularly by those from penal reform groups and drug agencies, as a
means of control and a method for inflicting more punishment, partic-
ularly for cannabis use:
Undoubtedly, MDT has taken too much focus for us … There was
significant political pressure to introduce MDT and get it in quickly,
which meant that we had a rather cockeyed approach in the sense that
some prisons had MDT before they had a broader strategy in place. That
legacy is still with us about needing to look at the balance. (Interview
14a)
There’s no doubt in the first roll out, because MDT was obligatory by a
certain date in every prison, the emphasis has been on the control aspects.
(Interview 19)
Supply reduction
Supply reduction measures also featured prominently within the 1995
prisons drugs strategy. These included improved perimeter security (i.e.
patrolling, searching near perimeter fences, use of dogs and CCTV);
searching (i.e. unpredictable, random searches by specially trained staff
and dog teams); supervision of visits (i.e. CCTV, use of dogs, fixed fur-
niture, searching visitors, and using closed visits for prisoners found
guilty of drugs offences); intelligence gathering and use of informants;
and control of prescribed medication. These drug security measures
were tied into the recommendations from the Woodcock and
Learmont reports. As discussed above, the outcome of these two
inquiries was a greater emphasis and more resources for security
106 Drugs, Prisons and Policy-Making
We’ve got some victims of drugs in prisons – usually women – who are
under immense pressure to bring things in. As we’ve said to Ministers, it’s
very easy to say that these measures will deter … but, if my son was in
prison and he said to me, ‘Look, someone’s going to knife me, if I don’t get
something in’, you can imagine you might try to get something in.
(Interview 14b)
Treatment provision
Within the 1995 prison drugs strategy document, there was very little in
terms of new proposals and resources for drug treatment initiatives. With
regard to treatment, counselling, and support services, it was stated that
‘it is not possible to advocate a particular programme or programmes
which will meet the immediate needs of the prison, the longer term
needs of the criminal justice system, and the needs of the individual
inmates’ (HM Prison Service, 1995a: 18). It was recognised that different
programmes such as short educational programmes, self-help groups,
individual advice and counselling, and therapeutic communities would
be needed to match varying levels and types of drug use. However, it was
not specified where these programmes were to be provided, who would
be delivering them, or how they would be resourced.
Drug agencies working in the prison setting have always faced the
dilemma as to where they position themselves within the system
(i.e. as independent professionals or as part of the penal establish-
ment). The introduction of MDT altered the political environment
of prison-based drug work and raised complex issues for agencies
(Stokes, 1996). The premise that MDT would identify drug using
prisoners for treatment placed tremendous pressure on drug agencies
as there was insufficient treatment provision for MDT to work as a
108 Drugs, Prisons and Policy-Making
Some prison service staff are more interested in sexy operations like dog
searches and CCTV, than they are in things like … working with individ-
uals to deal with their drug use problems … Most people would regard the
second half of that as being sexier propositions than high walls, dogs and
CCTVs, but the Prison Service don’t, because that’s where their minds are
at. (Interview 21)
Harm minimisation
Similar to the national drugs strategy, HIV and harm minimisation
issues received little attention within the 1995 prison drugs strategy
1993–7: Coming Clean and Taking Control? 109
We get rainforests of paper sent out from Cleland House which are termed
‘guidelines’. Why are they guidelines? Why not instructions? So for
example, the Health Care Standards are guidelines … they are a waste of
paper. (Interview 26a with director of drug agency)
110 Drugs, Prisons and Policy-Making
provision; and finally, drugs would become more scarce and therefore
more expensive leading to more violence, debts, intimidation and bul-
lying (see Flynn, 1994; Tchaikovsky, 1994; Trace, 1995; Riley, 1996;
Berger, 1995; Hewitt, 1996; Heyes and King, 1996; Brazil, 1996; Gore et
al., 1996; Howard League for Penal Reform, 1996; ACMD, 1996;
Wayne, 1996; Penal Affairs Consortium, 1996; Rice, 1997).
Issues of race and gender were invisible within the strategy. Local
drugs strategies were to include ‘an assessment of local needs and prior-
ities which takes into account the equal opportunities implications of
tackling drugs in prisons’ (HM Prison Service, 1995a: 3). However,
there was no specification as to what these implications might be and
how prisons should deal with them. The ACMD (1996) stressed that
the needs of women, minority ethnic prisoners, and young offenders
needed to be more carefully considered in the development of the
strategy. Concern was expressed that MDT would lead to new degrada-
tions and indignities in women’s prisons (HM Chief Inspector of
Prisons, 1997a; 1997b). Carlen (1998) illustrates how the construction
of the MDT policy failed to consider and anticipate the differences in
terms of implementation in women’s prisons. There were also concerns
that MDT would be applied in a discriminatory manner, in particular,
there were arguments that the procedures should be ethnically moni-
tored (Runciman, 1996; ACMD, 1996).
The overriding criticism of MDT was that it would cause prisoners
to switch from using cannabis to class A drugs, such as heroin,
which are less easily detectable. Data from the pilot study indicated
that the proportion of prisoners testing positive for opiates or benzo-
diazepines rose from 4.1 to 7.4 per cent, while the proportion testing
positive for cannabis decreased from 33.2 to 29.1 per cent between
the first and second phases of random testing, indicating the possi-
bility of switching from cannabis to opiates and other drugs because
of lower detection rates (Gore et al., 1996). This conversion to class
A drugs was also noted in the canton of Zurich, Switzerland when
random mandatory drug testing was introduced. Their response was
to cease testing for cannabis (Gore et al., 1996). In response to these
initial findings, the Prison Service did not alter the implementation
of MDT policy or procedures. Later, as part of its review of the prison
drugs strategy, both quantitative and qualitative research on MDT
was commissioned by the Prison Service to explore some of these
issues. The fact that they were awaiting the results of this research
was used by the Prison Service as a ‘tactic’ to deflect criticism away
from the evolving strategy.
1993–7: Coming Clean and Taking Control? 113
We could think up 15 good reasons why MDT could never possibly work.
Then we had a briefing from the people from the Prison Service who
thought up 25 reasons why MDT couldn’t work and sorted out 24 of
them. It was a very impressive piece of work – the way they had looked at
every aspect of it … In planning terms, they did an excellent job.
(Interview 21)
We couldn’t just stand there and stamp our feet and say, ‘this is a terrible
thing’, because you’d just be sidelined. What we did say is that the best
thing it could do is give an indicative baseline of drug use in prison.
(Interview 10 with director of drug agency)
cause disorder and staff collusion with prisoners, if it was not intro-
duced with incentives to remain drug-free and within a broader treat-
ment strategy (The Guardian, 28 Oct. 1994, quoted in King and
McDermott, 1995: 195). The Chief Inspector of Prisons (1996) also
argued that testing needed to be followed by either reward or treat-
ment, and that financial provision needed to be made for these ele-
ments. Similarly, the British Medical Association recommended that
MDT should only be used with the provision of a full range of treat-
ment services (BMA, 1997). A policy network comprised of drug service
providers, penal reformers, civil servants and others began to lobby for
centrally funded drug treatment initiatives to back up the MDT mecha-
nism. Given their vested interests in this area, drug service providers
played key roles in this policy network.
context of a ‘tough’ policy on drugs, than one based upon harm min-
imisation. There were rumours that Michael Howard had been drawn
in by Phoenix House USA and attracted to the idea of a hard-line,
abstinence-based approach. There was also very little evaluative
research on the various types of prison-based programmes in the UK
and EU to make an informed choice (Turnbull and Webster, 1998). The
12-step, abstinence-based programme at Downview prison run by
Rehabilitation for Addicted Prisoners Trust (RAPt) had also been her-
alded as a success throughout the prison system, won the Guardian
Jerwood Award for charity work, and had also been independently
evaluated (see Player and Martin, 1996; Bond, 1998). Services which
had an abstinence-based, rather than a harm minimisation perspective
were seen to be favoured when it came to letting the contracts for the
pilot drug treatment programmes and when prison governors, who
were pursuing goals of drug-free prisons, decided on treatment provi-
sion for their establishments.
The Prison Service failed to undertake sufficient consultation when
developing the treatment strand of the strategy. The service providers
argued much could have been learnt by examining the development of
services in the community:
Some of the commissioning decisions that they have taken look like they
have not paid sufficient regard to the development of services in the com-
munity. This hell-for-leather search for abstinence – they thought that
they could eradicate the drug problem within prisons by running a few
programmes and detox units … the first tranche of service development
was very much based around that. (Interview 28 with director of drug
agency)
Similarly, the Prison Service could have learnt from those who had
experience of delivering programmes within UK prisons. Many of the
pilot programmes were very expensive, high profile, and could reach
only a minority of prisoners. What was missing were the low cost, low-
profile services which could reach a much broader group. As discussed
in the previous chapter, such services had been developing in the UK
from the late 1980s to early 1990s and had become a model for prison
drug work:
number of years in the UK. I very much saw a UK model of prisons drug
work which had evolved in response to the need. All of the sudden that
was run roughshod through by the Prison Service letting out some very
large contracts which brought in new players who had not been previously
interested in prisons work. So that we had very high profile TCS, 12 step
programmes, but what we had very little of is the counselling, information
and advice services. The services which are low cost, low profile, but
which reach huge numbers of inmates … The Prison Service really did not
speak to the established providers about what was going on … What they
did do was to bring over people from the US – Phoenix US. (Interview 26a
with director of a drug agency)
The pressure of politics and time led to a policy response which was
not ‘rational’ in any sense. To a certain extent, expertise within the UK
was ignored. The policy and many of the programmes were not based
on UK experience, but US experience and raised the issue of whether
such policy and programme transfers would be effective:
The Prison Service has to put its money where its mouth is in terms of
treatment provision. At the moment it has been a fairly unco-ordinated
approach to particular pockets of money in particular parts of the country
… There should be more on the resource planning front to make sure that
there is a totality of provision across the system, rather than just on an ad
hoc basis where some prisons are better off than others. (Interview 02)
[The question is] whether the organisations will be able to do it. And a
subsidiary of that is what will they stop doing? The voluntary sector is
notably fragile in terms of expansion … You could see a voluntary sector
with three-quarters of its work in the Prison Service and one-quarter in the
community – a complete warping of that sort of relationship. (Interview
08)
It sounds tough – maybe more because it’s tangible and measurable … It’s
like the government, the authorities are taking control of the situation. All
the messages from [the] drug culture in prisons are of a situation that the
authorities don’t have control. If you can actually test people and control
them and put them into treatment, it’s like you’re taking control of the
environment … It’s this whole feeling of things spinning out of control, so
the more you can take control over that it’s considered good. It’s the
rhetorical attraction of it. (Interview 07)
There was a view held by previous senior people in the Service that health
and control didn’t mix and shouldn’t mix and therefore health staff were
discouraged from having anything to do with the establishment drugs
strategy. They were told to keep very well clear of anything to do with
MDT … You had therefore people who were quite expert who were dis-
couraged from becoming [involved] because it had to deal with the disci-
plinary side as well. That was sort of a fundamental philosophy that
treatment and mandatory testing and discipline didn’t go together, so they
stayed very separate. (Interview 19)
1993–7: Coming Clean and Taking Control? 121
It became clear during the 1995 strategy that there will always be
some sort of ‘balance’ between treatment and punishment. The
difficulty for policy-makers was to determine the ‘correct’ balance
between the two activities and to accept that the balance might shift.
Within the policy network, there were key differences in how the two
activities were perceived (i.e. as a continuum or two separate activities).
Some described care and control as two separate continuums or dimen-
sions which are not necessarily connected:
Because the two initiatives came from different ends of the political spec-
trum – treatment and punishment. It would be very difficult linking them
from the start … It wasn’t really a proper strategy. MDT was introduced
quite quickly. (Interview 09 with civil servant)
In contrast, others argued that care and control should not be viewed
as separate and independent, but integrated and working together:
At worst one should hope for an uneasy alliance where there will be ten-
sions, but you can rub alongside each other. At best, I’m sure what we can
achieve is an understanding that the two things work hand in glove. They
are two sides of essentially the same coin and they are moving towards
helping individuals make decisions about changing their lives … But they
are also doing that on a macro level … They are doing it for the prison.
They are doing it for the wider community … Although there will be times
where they diverge, they fall out – a prisons blows up and there’s a great
big security issue and everything gets shut down, the balance can be
restored. It just requires an understanding of what these things really are.
(Interview 28 with director of a drug agency)
At the end of this phase, some members of the policy network, par-
ticularly the civil servants, were optimistic that in theory a balance
could be achieved between care and control, while others, mainly rep-
resentatives of drug agencies and penal reform groups, felt that security
concerns would always work to the detriment of any type of treatment
and rehabilitation activities. Their scepticism may be a reflection of
their experience on the ground of working with prisoners and within
prisons. It was not only the drugs strategy which was subject to this
tension between care and control, but it was an enduring conflict
within all prison activities. The balance between treatment and pun-
ishment within the prison drugs policy was affected by the Prison
Service Statement of Purpose which places security as the number one
122 Drugs, Prisons and Policy-Making
At the end of this phase, the continuing dilemmas for the policy
network were to grapple with the contradiction between treatment and
punishment, to attempt to shift the focus of policy away from security
and punishment and to make the treatment strand of the strategy
more explicit and defined. Their ideas and activities informed the
review of the 1995 strategy and the next phase of policy development
which will be explored in the next chapter.
Conclusion
During the period 1993 to 1997, important shifts and changes occurred
in the development of prison drugs policy. The first comprehensive
drugs strategy was developed, the Prison Service had been formally
incorporated into drugs policy at the national level, and prisons were
expected to become involved in drug issues outside the prison walls
through local partnerships. The drug issue in prison had finally been
acknowledged at a political level and had become a highly politicised
issue. It was increasingly framed as a problem of order, control and dis-
cipline which threatened the stability of the prison system. The
response was to impose order on a problem which was perceived to be
spiralling out of control. A more explicit prison drugs policy began to
develop and interface with the overall frameworks of both penal and
drugs policy. As policy became more explicit and defined, the contra-
diction between treatment and punishment became more intense.
The political context and the emphasis on managerialism during this
period ensured that the new prison drugs strategy was dominated by
punitive, but measurable, mechanisms such as MDT and increased
security. Drug treatment initiatives emerged as an afterthought in
policy development and in response to pressure from a policy network
1993–7: Coming Clean and Taking Control? 123
Introduction
This chapter focuses on the period from mid-1997 and outlines the
main developments in prison drugs policy which are planned for the
next decade. On 1 May 1997, Labour won the general election. Their
victory heralded the opportunity for new ideas, discourses and issues to
infiltrate policy agendas. However, during the lead up to the election,
the party had successfully reinvented and repositioned itself as New
Labour, signalling ‘the end of Old Labour, old policies and old wel-
farism’ (MacGregor, 1998d: 251). ‘Soft’ policies on crime, drugs, welfare
dependency, and the family were replaced by ‘tough’ new policies.
Although there have been significant changes and reforms within
public policy since the election of New Labour, the remnants of Tory
populism remain, and some of the new policies possess a striking con-
tinuity to the old. During this period, ‘policy feedbacks’ or the ways in
which the legacy of established policies and inherited policy structures
shape and constrain what is possible within policy development, have
been significant for the new government (Skocpol, 1992). Policy devel-
opment in all areas, including prisons and drugs, has also been heavily
influenced by transferring the ideas and discourses from the United
States.
This chapter begins by highlighting the main developments in drugs
and penal policy since the 1997 election, which provide the backdrop
for the changes within prison drugs policy. Borrowing ideas from
American drugs policy, an anti-drugs co-ordinator or ‘drugs tsar’ was
appointed who was to guide, co-ordinate and implement the new
national drugs strategy. The new strategy did not, however, mark a
significant departure from the previous one, Tackling Drugs Together.
124
1997–: Eradication to Realism? 125
The attention given to the relationship between drugs and crime and
the role of the criminal justice system in dealing drugs during 1993–7
was continued and reinforced by the new Labour government. In
opposition, Labour portrayed the drugs and crime problems as inextri-
cably linked and produced a document entitled Breaking the Vicious
Circle, which outlined its proposals to tackle drug-related crime
(Labour Party, 1996). Drawing upon selected pieces of research,
Labour policy on drugs was to be underpinned by the following key
principles: drug treatment works and is cost-effective; coerced treat-
ment is just as effective as voluntary treatment; drug testing helps to
identify drug users and ensure they conform to treatment regimes;
and offenders should be kept in treatment for a minimum of three
months. Within Labour’s election manifesto, three main commit-
ments in relation to drugs were outlined which they pursued once in
office: the appointment of an American-style ‘drugs tsar’; the intro-
duction of a new treatment and testing order based on the US drug
court models in Dade County, Miami; and the extension of access to
voluntary testing for all prisoners.
the appointment and the American label of ‘drugs tsar’ (see also Jenkins,
1997; Eaton, 1997; Strang et al., 1997). However, civil servants argued
that the appointment was not intended to signal a fundamental shift in
drugs policy and the person’s role was to co-ordinate action on drugs
and build upon the existing strategy, Tackling Drugs Together. It was
important that the person appointed could demonstrate that s/he had
the confidence of all the principal professions and interest groups.
However, it would be difficult to fulfil the expectations of all the actors
involved in drugs policy networks.
In the end, however, two appointments were made. In October
1997, Keith Hellawell, the Chief Constable of West Yorkshire police,
was appointed to the position of UK Anti-Drugs Co-ordinator, and
Mike Trace, the director of the prison-based treatment agency, RAPt
(Rehabilitation for Addicted Prisoners Trust), was appointed as
Deputy Co-ordinator. The appointments were billed as a ‘dream
ticket’ in the media in that both enforcement and treatment aspects
were covered (The Guardian, 15 Oct. 1997). This appeared to signal a
commitment to ensuring that action and policy on drugs would be
balanced between the treatment and punishment dimensions. There
was also the potential to highlight prison issues more prominently
in future drugs policy debates as the Deputy had an established
reputation in prison-based work. The Co-ordinators embarked on an
intense period of familiarising themselves with the existing
approach to drugs, reviewing research and consulting with key
groups and individuals in the drugs field. After six months, they
developed a new national drugs strategy.
During the early 1990s, the Labour party had begun to challenge the
Conservative government on criminal justice issues. New Labour
altered its traditional image of being ‘soft on crime’ to presenting itself
as the ‘party of law and order’ by promising it would be ‘tough on
crime, and tough on the causes of crime’ if elected (Blair, 1993). By
1997, the opinion polls indicated that the public had gradually become
more confident in Labour’s new populist rhetoric and image (Downes
and Morgan, 1997). The New Labour government introduced and
implemented many of its own law and order ideas, but it also contin-
ued to develop some of the policies which were proposed by the
Conservative government. It is clear that the populist punitiveness of
the Tories has endured.
Although New Labour claimed it was committed to reducing the
prison population, there is no evidence thus far that the ‘prison works’
discourse has been successfully overturned (Morgan, 1999). The prison
ship docked in Portland, Dorset, which had been commissioned from
the New York prison authorities by the Conservative administration in
1997, was put into operation by the Home Secretary, Jack Straw,
1997–: Eradication to Realism? 131
Nature and extent of the problem: the impact of the 1995 strategy
A judgement on the efficacy of the 1995 prison drugs strategy depends
on the criteria used to measure effectiveness. Such criteria could
include the proportion of positive mandatory drugs tests, the propor-
tion of prisoners successfully completing drug treatment programmes,
the number of treatment referrals, the number of drug finds in prisons,
rates of recidivism and/or rates of drug use on release. However, the
only systematic objective indicators produced through the monitoring
1997–: Eradication to Realism? 135
Upon completing the review of the 1995 strategy and considering the
research findings, the Prison Service concluded that its basic structure –
tackling supply, demand and the health consequences of drug use –
should remain intact (HM Prison Service, 1998a: 23). The existing strat-
egy would therefore not be subjected to a radical overhaul. In many
ways, the research was used to justify the existing policy framework.
However, there is evidence that some of the lessons from the research
and concerns expressed by the policy network around the 1995 strat-
egy had been taken on board. Their activities and lobbying during the
previous phase had informed and influenced the reformulation of
policy. The new 1998 strategy would place greater emphasis on volun-
tary testing; effective treatment provision; education for young offend-
ers; throughcare; discrimination between dealers and users and
between less harmful and more damaging drugs; and identifying strate-
gies for short-term and remand prisoners (HM Prison Service, 1998b).
The particular needs of women prisoners would be examined sepa-
rately. However, issues relating to race remained invisible within the
reformulated strategy and the particular problems of minority ethnic
prisoners in accessing drug services had not been considered (see
Awiah et al., 1992). Under the new strategy, there was also a commit-
ment to develop the research base around the strategy with an empha-
sis on exploring recidivism rates for those participating in drug
treatment programmes. Plans to develop future policy in relation to
other substance use, particularly alcohol, were also indicated. In a
report on alcohol and prisons, the Health Advisory Committee for the
Prison Service (1997) argued that there was an overlap between the
138 Drugs, Prisons and Policy-Making
groups using alcohol and those using other substances and advocated
an integrated approach for future policy development.
Within the 1998 drugs strategy, even more emphasis was placed on
partnership, liaison and co-ordination. As discussed in the previous
chapter, the structural division within Prison Service Headquarters
between the Directorate of Health Care, responsible for health and
treatment concerns, and the Security group, responsible for security
and control matters, was to be overcome by establishing a new single
Drugs Strategy Unit within the Directorate of Regimes. The new unit
would deal with all drugs-related issues and bring together the various
threads of prison drugs policy. Co-ordination and partnership would
also be improved by the appointment of area drugs strategy co-ordina-
tors who would be responsible for a group of prisons within a geo-
graphical area. Their task was to develop the strategy at the regional
and local levels by ensuring consistent application of effective practice
and promoting links between prisons and communities. The Prison
Service was also expected to improve its representation on Drug Action
Teams under the new strategy.
For the period 1999–2002, the Prison Service received an additional
£76 million from Comprehensive Spending Review (CSR) allocations to
fund the new drug initiatives (DPAS, 1999). At the time of the policy
review, members of the policy network were generally optimistic about
the potential for change under the new strategy. Civil servants sug-
gested that under the Labour administration there was now a possibil-
ity of altering the balance between care and control. This balance
would depend on their perception of the ‘problem’ over time:
They argued that the Labour government has focused more closely on
the connection between MDT and treatment:
Although the revised strategy was more realistic and pragmatic in its
approach, by targeting problematic drug use and focusing more on
treatment and throughcare, the basic punitive framework for deliver-
ing the strategy, whereby drug users are punished, remains in place.
Moreover, there is some cause for concern around the proliferation of
voluntary testing which has also been incorporated into this frame-
work of punishment. The following sections will briefly examine the
main developments within the new strategy.
Prison Service, 1998a: 17). Many of the existing units were established
with very little central guidance and range from enhanced regimes and
compacts to remain drug-free to relapse prevention units. The 1998
strategy issued detailed guidance to governors identifying the key
issues they should consider when drawing up their own programmes
for voluntary testing (see HM Prison Service, 2000). A single model for
VTUs was not recommended as governors need the flexibility to adapt
VTUs to the physical space of their prison and the needs of their
population.
The key difference between mandatory and voluntary testing is that
positive tests under MDT result in disciplinary action and positive vol-
untary tests result in administrative action. Although VTUs are popular
with prisoners (Kinchin, 1998) and broadly supported by key policy
players, there are a number of important issues raised by their exten-
sion across the prison system. Voluntary testing can be used as a
method of assessing prisoners for greater privileges and for retaining
them. Hence, differential regimes have developed on the basis of drugs
use alone. If prisoners consent to voluntary tests and prove negative,
then they may become eligible for privileges such as temporary release,
in-cell television, desirable jobs or moving to an enhanced regime. This
raises the question of ‘voluntary’ consent because there are penalties
for those who do not consent in that they cannot receive such
benefits. The units have been established mainly for those who have
never taken drugs and those who have given up the habit. As Hewitt
(1996) argues, this has the potential to create scenarios where a recidi-
vist armed robber who has never used drugs is better treated than a ex-
heroin addict who is rehabilitated and occasionally uses cannabis.
Furthermore, those who have real problems with addiction are further
punished by not having access to such privileges. There are also issues
relating to the evidential standards for voluntary testing. Mandatory
drug testing is subject to national standardisation and rigorous eviden-
tial standards (HM Prison Service, 1995b), whereas less stringent proce-
dures are often followed for voluntary testing which take place on-site
and are generally cheaper, such as dip and read tests and urinalysis
machines.
Voluntary testing essentially means more testing and more resources
for the increased volume of testing, staff time and training, structural
alterations to the prison to create VTUs, and additional counselling
provision. Over the period 1999–2002, £17 million was spent on the
voluntary testing programme (HM Prison Service, 1999). Because vol-
untary testing is inextricably linked to rewards and punishments, it
1997–: Eradication to Realism? 141
There is a move now to create voluntary testing for enhanced regimes and
congregate on basic regimes all the drug users and suppliers, so they’ll be
isolated – all the ones who want to stay on drugs and all the ones who are
caught dealing. It’s up to them if they want this very basic, very austere
regime and almost segregated from the rest of the population. The rest of
the population is going to be on enhanced regimes with voluntary testing
which even though it sounds like the people who need the most help are
getting the least … But it does offer a tiered response. (Interview (15)
with director of drug agency)
Supply reduction
The measures to reduce the supply of drugs in prisons outlined in the
1995 prison drugs strategy were further enhanced under the revised
strategy. Such initiatives were supported by the Home Affairs
Committee exploring the management of the Prison Service. They rec-
ommended that security measures such as fixed furniture in visits
rooms, CCTV, sniffer dogs, random strip searching of prisoners after
visits, closed visits for prisoners who have received drugs, and rigorous
searching of visitors should be extended across the prison system
(Home Office, 1997b). The review of the 1995 strategy highlighted
various examples of good practice in relation to supply reduction and
deterrence including imposing closed visits on those found guilty of
drugs offences; use of CCTV recordings to provide evidence of passing
drugs for subsequent adjudications; drawing up protocols between
prisons and police for arrest procedures and intelligence gathering; dis-
playing posters and newspaper articles detailing the risk of arrest and
prosecution in visitors centres; and the provision of support to visitors
142 Drugs, Prisons and Policy-Making
who feel pressurised to bring drugs into prisons (HM Prison Service,
1998a). Under the 1998 strategy, the Prison Service promised ‘to con-
tinue to target those who seek to profit from the misuse of drugs … we
will not let up on the battle to reduce the flow of illegal drugs into
prisons’ (HM Prison Service, 1998b: 6–7). Three new supply reduction
objectives were introduced: to develop a performance indicator on
action taken against suppliers and dealers; to establish anti-social
drugs-related activity as a key criterion within incentives and earned
privileges schemes; and to disrupt the distribution networks for illegal
drugs (HM Prison Service, 1998b).
In January 1999, supply reduction measures were further enhanced
when Jack Straw announced that visitors who were caught or suspected
of smuggling drugs into prisons would be banned for a three-month
period from further visits (Home Office, 1999). This illustrates that the
government has failed to grasp the dynamics and complexities of drug
smuggling and victimisation in prison and ignored the gender dimen-
sion to the problem as outlined in the previous chapter.
Harm minimisation
As with the previous drugs strategy, harm minimisation measures did
not receive a high profile in the policy review or the 1998 strategy. The
review revealed that Health Care Standard 8 dealing with
detoxification had been implemented in the pilot residential drug
detoxification units, but these were found to be expensive, resource
intensive, and only had the potential to deal with a minority of prison-
ers (HM Prison Service, 1998a). As the ACMD (1996) had warned, com-
pliance with the implementation of Health Care Standard 8 was found
to be variable across the prison system. This further highlights the
enduring problem of the autonomy of prison medical officers in imple-
menting national standards with regard to detoxification and also the
continuing tension between central policy directives and local deci-
sions about implementation. The evaluation of pilot drug treatment
programmes recommended that specialist NHS services should be used
to meet the need for safe and adequate detoxification and to provide
specialist supervision when required (PDM Consulting Ltd, 1998).
Within the 1998 strategy, a key harm minimisation objective was to
provide appropriate interventions within the framework of a revised
Health Care Standard 8, concurrent with Department of Health guide-
lines, to minimise drugs-related harm (HM Prison Service, 1998b).
Subsequent inquiries have further highlighted the continuing inconsis-
tency regarding detoxification and methadone maintenance practices
1997–: Eradication to Realism? 143
across the prison system and between prisons and the community
(Home Affairs Select Committee, 1999; 2002).
After a long delay, research commissioned by the Prison Service which
had been conducted in 1994 on HIV/AIDS risk behaviour was finally
published late in 1998 (Strang et al., 1998). This involved interviews
with a random sample of 1,009 prisoners in 13 prisons about their
knowledge, attitudes and behaviour concerning HIV/AIDS. In relation to
drug risk behaviour, the main finding was that the majority of drugs
injectors ceased to inject on entry to prison and the rest tended to inject
less frequently. However, those who continued to inject whilst in prison
were more likely to share needles (Strang et al., 1998). These findings
provide the ‘official’ evidence, which was missing during early phases of
policy development, that there is a group of prisoners who continue to
engage in high-risk drug behaviour and are therefore at greater risk of
transmission of HIV and other blood-borne viruses such as Hepatitis C.
As we saw in the previous chapter, the Prison Service recognised this
threat and was developing a scheme to provide sterilising tablets for
cleaning syringes to prisoners who continue to inject. The pilot scheme
for sterilising tablets was introduced in July 1998 in eleven prisons for a
three month period. Prisoners were to have easy access to the tablets
without having to identify themselves as drug users. However, it is ques-
tionable given the punitive, security-focused culture surrounding drugs
within the prison system whether prisoners would risk the possibility of
being seen accessing the tablets.
It is interesting that no reference was made to the introduction of
sterilising tablets in either the new drugs strategy or the policy review
documents. It may be that the Prison Service was concerned that incor-
porating such an initiative into their drugs strategy document would
appear as an admission of policy failure, that they were condoning
drug use and as a contradiction to their ‘tough’ stance on drugs in
prison. Despite the low profile of harm minimisation in the Prison
Service’s public discourse on drugs, key policy players felt that the new
government was more willing to engage in harm minimisation debates
and implement such measures. As a civil servant commented:
Treatment
As argued by the policy network which emerged around the 1995 strat-
egy and documented in the policy review and the evaluation of treat-
ment programmes, existing treatment provision required much
improvement and change to meet the Prison Service’s goal of every
prison having access to ‘a comprehensive range of prevention, treat-
ment and rehabilitation programmes which meet the needs of all pris-
oners’ (PDM Consulting Ltd, 1998: 1). In order for this to become a
reality, prisons would need to liaise and make treatment referrals to
other prisons in their area. Under the new strategy, treatment provi-
sion was to be developed on an area basis. It was based on the success
of the area-wide model in Kent which established inter-prison and
inter-agency co-operation through a referral system and area co-ordina-
tor (see Appleyard, 1998).
The goal of the new strategy was to develop a drug treatment service
framework which provides ‘an equitable provision of basic and
enhanced specialist services to meet low level, moderate and severe
drug problems’ (HM Prison Service, 1998a: 4). Drug services were
configured to provide low cost and low intensity interventions across
the prison system, with fewer higher cost and higher intensity pro-
grammes offered on an area and national basis. An integrated
Counselling, Assessment, Referral, Advice and Throughcare service
(CARATS) was developed within and across Prison Service areas which
was tailored towards the specific needs of the populations in each
prison (DPAS, 1999). From October 1999, CARATS were to provide a
range of easily accessible interventions and act as the link between
courts and prisons, different departments within an individual prison,
different prisons when prisoners are transferred, and prisons and com-
munity agencies. Prisoners requiring more intensive treatment could
1997–: Eradication to Realism? 145
the Home Office has successfully incorporated the voluntary sector. I wish
the voluntary sector could be renamed the independent sector because the
independence is crucial … So you call it partnership. I call it incorpora-
tion. It’s a scary thing … the emulation of one group by the other.
(Interview 29 with penal reformer)
available for drug treatment, opportunities are now available for drug
agencies and many have an interest in pursuing contracts within the
criminal justice system. Concern was expressed that treatment
providers had compromised their principles by working with prisoners
who were not entering treatment on a voluntary basis. Key policy
actors maintained that in order for treatment to be effective, it had to
be entered into on a voluntary basis. As a penal reformer argued:
You’ve got the voluntary sector with their vested interests and all their
jobs, and their monies and their fundraising. They shouldn’t work in
prisons where prisoners are punished … They’ve swallowed a lot of the
principles. Drug groups used to argue that they wouldn’t take anybody in
a rehab unless it was voluntary and they were committed to the
programme. Now they’re working with people in prisons who are so-called
committed to the programmes, but if they have a relapse or found with
drugs in their urine, they’re sent down the plonk or they lose their
remission. (Interview 29 with penal reformer)
On the other hand, the view emerging from the service providers was
that they no longer had the luxury of dealing with voluntary clients:
A lot of the treatment services are now linked to the criminal justice
system, so in a sense the criminal justice system has become the ‘front
148 Drugs, Prisons and Policy-Making
Conclusion
Over the four phases of policy development, policy networks have acti-
vated, shaped and reshaped the development of drugs policy in
prisons. In the analysis, policy networks were characterised as primarily
issue-based. They played key roles in the processes of identifying,
defining and framing drugs issues in prisons. The framing process was
151
152 Drugs, Prisons and Policy-Making
Table 6.1: Policy issues and policy outcomes in prison drugs policy
Though it is now presented as the Prison Service drugs strategy, I’m not
sure it was actually conceived as a ‘strategy’. There were different strands
that coalesced into something … It’s never as clean and as neat and as
rational as sometimes in hindsight you like to present it. (Interview (24)
with penal reformer)
It is within this context that the 1995 prison drugs strategy revolved
around the results of MDT as an indicator of its success or failure. The
managerialist trend was paralleled by the growing punitive rhetoric in
penal policy. Within the managerialist dominated framework, MDT
produced tangible, ‘objective’ results very quickly, providing it with
much appeal to policy-makers and politicians. Furthermore, MDT was
attractive because it gave the impression of ‘taking control’ of the drug
problem in prisons by punishing drug users. Sanctions could be
applied immediately to those who tested positive. Drug testing became
a mechanism for managing and classifying prisoners into a risk group
(Feeley and Simon, 1992). In comparison, it is much more difficult to
Conclusions 157
Care Directorate and Security Group which led to the control and
treatment elements of the 1995 strategy developing separately. By
1998, the Prison Service Drugs Strategy Unit was established as an
attempt to overcome these divisions and unite policy interest. This
unit is likely to remain at the core of any future policy networks
around drug issues in prisons. With the greater emphasis on treatment
and the growing interdependence between the Prison Service and
service providers, drug agencies are also likely to move from the
periphery towards the core of future networks.
In order to understand policy change, analysis at the micro level
dealing with the role of human agency is necessary. As Rhodes (2000:
86) argues, analyses of governing structures need to be connected with
the beliefs and narratives of individuals. This was recognised by
members of the policy network. In the interviews, respondents
discussed the characteristics of particular individuals such as their
backgrounds, knowledge bases, training, allegiances, preferences,
management styles and their impact on the policy process. As a
director of a drugs agency argued:
I don’t think you can get away from individuals. You’ve got to look at the
people … There might be some good sound policy reasons, but there are
other sociodynamic, psychodynamic forces at work – you’ve got the right
person in the right job at the right time … For me, structures only do so
much … What you’re dealing with at the end of the day is personalities.
(Interview 05)
Table A.1: All drug addicts1 notified to the Home Office by prison
medical officers by addict status 1981–96
19814 320 14 — — — —
1982 322 12 — — — —
1983 472 11 — — — —
1984 819 15 — — — —
1985 1 138 18 — — — —
1986 1 102 21 — — — —
1987 685 15 653 11 1 338 12
1988 689 13 622 9 1 311 10
1989 624 11 535 6 1 159 8
1990 730 11 690 6 1 420 8
1991 955 12 792 6 1 747 8
1992 1 268 13 1 318 9 2 586 10
1993 1 941 17 1 823 11 3 764 13
1994 2 080 15 1 843 9 3 923 12
1995 2 602 18 2 464 11 5 066 14
1996 3 665 20 3 269 13 6 934 16
Sources: Home Office Statistical Bulletins, Issues 6/92, 15/93, 10/94,17/95, 15/96, 22/97,
‘Statistics of Drug Addicts Notified to the Home Office, United Kingdom’, Tables 8a and 8b.
Notes: (1) The statistics relate to notifications under the Misuse of Drugs Regulations 1973,
which required doctors up until 30 April 1997 to send the details of people they
considered to have been addicted to any of the following 14 controlled drugs to the Chief
Medical Officer at the Home Office: cocaine, dextromoramide, diamorphine (heroin),
dipipanone (Diconal), hydrocodone, hydromorphone, levorphanol, methadone
(Physeptone), morphine, opium, oxycodone, pethidine, phenazoncine, and piritramide.
(2) The other sources of notifications include general medical practitioners, police
surgeons, and hospitals/treatment centres. (3) Full data on renotified addicts are available
for the years 1987 onwards. (4) Data on notifications by prison medical officers is only
available for the years 1981 onwards.
168
Appendix 169
Source: Home Office Statistical Bulletins, Issues 18/84, 25/88, 10/98, 4/02, ‘Statistics of
Drugs Seizures and Offenders Dealt With. United Kingdom’.
Notes: (1) Drug offences include unlawful possession and trafficking (unlawful production
of drugs other than cannabis, unlawful supply, possession with intent to supply
unlawfully and unlawful import and export).
170 Appendix
Table A.3: Number of new and renotified drug addicts1 notified to the
Home Office and percentages addicted to heroin 1980–96
1980 1 600 72 — — — —
1981 2 248 74 — — — —
1982 2 793 76 — — — —
1983 4 186 66 — — — —
1984 5 415 91 — — — —
1985 6 409 93 — — — —
1986 5 325 91 — — — —
1987 4 593 89 6 123 83 10 716 86
1988 5 212 89 7 432 83 12 644 85
1989 5 639 87 9 146 83 14 785 84
1990 6 923 84 10 832 80 17 755 82
1991 8 007 79 12 813 68 20 820 72
1992 9 663 79 15 040 62 24 703 69
1993 11 561 78 16 415 60 27 976 68
1994 13 469 78 20 483 57 33 952 66
1995 14 735 79 22 429 58 37 164 66
1996 18 281 84 25 091 61 43 372 70
Sources: Home Office Statistical Bulletins, Issues 18/83, 25/88, 6/92, 10/94, 17/95, 15/96,
22/97, ‘Statistics of Drug Addicts Notified to the Home Office, United Kingdom’.
Notes: (1) The statistics relate to notifications under the Misuse of Drugs Regulations 1973,
which required doctors up until 30 April 1997 to send the details of people they
considered to have been addicted to any of the following 14 controlled drugs to the Chief
Medical Officer at the Home Office: cocaine, dextromoramide, diamorphine (heroin),
dipipanone (Diconal), hydrocodone, hydromorphone, levorphanol, methadone
(Physeptone), morphine, opium, oxycodone, pethidine, phenazoncine, and piritramide.
(2) Heroin addicts can be addicted to other drugs. (3) Full data on renotified addicts are
available for the years 1987 onwards.
Appendix 171
Sources: Home Office, Prison Statistics, England and Wales 1985, 1989, 1994, 2000.
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Service establishments. These counts are usually made on the last day of the month. The
annual average population is an average for the monthly returns.
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Index 195
Howard League for Penal Reform, 64, intimidation in prison, 84, 99, 100,
111 102, 106–7
Hudson, B., 20, 64
Jenkins, W. I., 7
ideology, 13 Jerwood Award, 115
illegal activities in prison, 84–5, 100, joint working see interagency
130 working; partnership initiatives
incapacitative policies, 95–6 Jones, T., 21
Independent on Sunday, 29 ‘just deserts’ approach, 39, 54, 63, 64,
individualised approach to policy, 4, 96, 157
98, 102, 108, 160 ‘justice’ concept, 65–6
informal prison economy, 69, 84, juvenile offenders, 42, 112, 131
99–100
injecting practices: harm key performance indicators (KPIs), 98,
minimisation policies, 58–61, 143; 103, 105, 113
high-risk behaviour, 2, 70, 73, 143; Kilgour, John, 80
HIV cases in mid-1980s, 57–8, 72; Killen, Sue, 130
see also HIV/AIDS Killer Inside, The (TV documentary), 74
Inquest, 40 knowledge-driven research model, 16
‘institutional embedding’, 15, 160
‘institutionalised collusion’, 46, 49, Labour government see New Labour
54, 113–14, 135 Lart, R., 23
institutionalist approach, 12–13, 15, Learmont Report, 95, 96, 100, 105–6,
160 118–19, 136, 157–8
intelligence gathering, 6, 105, 106, Lee, M., 64–5
141 legalisation debate, 29, 130
interactive research model, 16–17, 74 legitimacy debate, 39, 42, 64, 65–6
interagency working, 22–3; ‘less eligibility’ discourse, 15, 48, 77
Anti-Drugs Co-ordinator, 127; Lewis, Derek, 97, 104
CARATS scheme, 144–5; for drug local drugs strategies, 103, 109, 112,
testing and treatment orders, 117
133–4, 147, 148, 165; for effective local partnerships, 131
treatment, 33–4, 144–5; national London Research Centre, 62
drugs strategy 1985, 36–7; national Lowthian, J., 157
drugs strategy 1995, 93–5; and
policy formation, 38; in McCaffrey, Barry, 126
preventative policies of 1980s, 59, McClelland Report, 58
60, 61–2; prison drugs strategy MacGregor, S., 5, 20
1998, 138, 144–6, 150; in Prison macro policy context, 21, 153, 155–7
Service, 62, 67, 70–1, 76–7, 77–8, Maden, A., 102
129, 150, 164–5; release maintenance prescribing, 6, 17, 48,
arrangements, 51–2, 55, 109, 159; 109; as control mechanism, 44–5,
see also partnership working 54, 105; denied to prisoners, 77;
intermediate treatment, 42 inconsistency of practice, 142–3;
internal policy context, 20, 153, limitations of, 33; as preventative
158–60, 167 measure, 59
intertextuality, 26 Major government, 89–123, 157–8
interviews see semi-structured managerialism, 4–5, 21–3, 56–7, 90,
interviews 155–6; in criminal justice system,
200 Index
22, 42, 63, 95, 131, 155, 166; National Association for the Care and
influence on research, 166; in Resettlement of Offenders
national drugs strategy, 91, 125, (NACRO), 52, 53, 64, 159
128, 155; in Prison Service, 42, 63, National Association of Probation
90, 98, 119–20, 155 Officers (NAPO), 45–6, 64, 76
mandatory drug testing (MDT), 2–3, National Drugs Intelligence Unit
6, 11, 90, 96, 103–5; campaigns (NDIU), 37
against, 111–14, 162; as control national drugs strategy: 1985, 35–9,
mechanism, 104, 119–21, 135–6, 60, 158; 1995, 91–5, 103–23, 118,
148, 156–7; evaluation of, 125, 134, 158, 162; 1998, 29, 127–50; see also
135–6; flexibility of 1998 prison prison drugs strategy
drugs strategy, 139, 140; as policy National Health Service (NHS), 50, 142
priority, 4–5, 149–50; policy National Local Authority Forum on
transfer from US, 21, 104, 154; and Drug Misuse, 62
treatment referral, 104, 105, 107–8, National Prisoners Movement (PROP),
113–18, 126, 132–4, 138–9; and 39–40, 44
voluntary testing, 140–1 National Treatment Agency, 130
marginalised groups, 89 National Treatment Outcome
Marsh, D., 9 Research Study (NTORS), 92
mass imprisonment, 154 needle exchange schemes, 58, 84, 85
May Report, 40 needle-sharing, 70, 73, 74, 85, 143
media, 2, 29, 95; anti-heroin nested contexts, 19–24, 153–61
campaigns, 37; and drugs tsars, 126, networks see policy networks
127; and HIV awareness, 73–4; and new institutionalism, 12–13, 23
supply reduction measures, 106 New Labour: drugs policy, 2, 23–4,
Medical Committee Against the Abuse 29, 124–150, 155, 161; penal
of Prisoners by Drugging, 44 policy, 125, 130–4
medical control, 3–4, 5, 44–6, 47–9, new public management, 21–2, 155
54, 69, 157 New Right ideology, 21–2, 31–2, 153
medical model in drugs policy, 34, Newburn, T., 21
38, 48, 49–50, 59, 85 Next Steps agencies, 22, 155
methadone prescribing, 17, 59, 109, ‘nothing works’ doctrine, 17
142–3; accelerated withdrawal in
prison, 77 official documents, 25, 26
Miami drug courts model, 126, 132–3, OPCS survey, 102
154 opiate drugs, 2, 112, 135; see also
micro-level policy context, 160, 167 heroin
Ministerial Subcommittee on the overdose: deaths in prison, 45; release
Misuse of Drugs, 93 risk, 51, 78
Morgan, R., 25, 64, 96
Morris, T., 40 Panorama (TV series), 74
Morrissey, C., 73, 85 Parkhurst prison, 96, 100, 118
Mountbatten Report, 39 Parole Release Scheme (PRS), 51–2,
mules see drug traffickers 53, 78, 158
multi-agency working see interagency parole restrictions, 41, 51
working partnership working, 22–3, 61–2,
77–8, 129, 158, 162–3; New
National Addiction Centre, London, Labour’s local partnerships, 131;
135 prison drugs strategy (1998), 138,
Index 201