Early Career Academics Network Bulletin Themed Issue 2020 - a year of crisis or Kairos? - Howard League for Penal Reform
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ECAN Bulletin, Issue 46, March 2021
Early Career Academics Network Bulletin
Themed Issue
2020 – a year of crisis or Kairos?
Part One
March 2021 – Issue 46
ECAN Bulletin, Issue 46, March 2021
Contents
Page
Introduction
Harry Annison, University of Southampton 1
Features
Justice interrupted: Experiences of enduring punishment in a pandemic 5
Ryan Casey, Betsy Barkas and Caitlin Gormley, University of Glasgow
COVID-19 and the criminal justice system: Audio contributions 13
Andrea Albutt, Prison Governors Association
Jonathan Gilbert, University of Cardiff
Kerry Ellis Devitt, Kent, Surrey and Sussex Community Rehabilitation Company
Helen Trinder, Parole Board for England and Wales
Power, control, and Covid-19: Challenges and opportunities in the midst of 14
a global health crisis
Kelly MacKenzie, Independent researcher
The impact of COVID-19 for victims of hate crime and the implications for 21
justice
Amy Clarke, University of Leicester
The impact of COVID-19 on Circles of Support and Accountability 29
Rosie Kitson-Boyce, Nottingham Trent University; Robin J. Wilson, McMaster
University; Kieran McCartan, University of the West of England; Mechtild Höing,
Avans University; Riana Taylor, Circles-UK; Isotta Rossoni, CIPM
Getting the right answers requires asking the right questions 39
Gwen Prowse and Tracey L. Meares, Yale University
Announcements
Become a Howard League Fellow 45
Guidelines for submission 46
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ECAN Bulletin, Issue 46, March 2021
Introduction
Harry Annison
The past year has been momentous,
with governments and individuals
alike scrambling to respond to the
first global pandemic for 100 years. It
has been a year in which novel
concerns have arisen, while other
long-standing issues have re-
emerged into public consciousness.
COVID-19 has caused widespread 4,000 prisoners would be released to
death and ill health, forced dramatic ease prison overcrowding – in the
changes to working practices, and face of projections of a catastrophic
caused significant concerns about impact of breakouts of COVID-19 on
ongoing wellbeing – not least in prisoners and staff – resulting in fact
relation to those subject to, working in a few hundred prisoners being
within, or otherwise affected by the released under the scheme.
criminal justice system. The
disproportionate impact of COVID-19 This edition of the ECAN Bulletin is
on people from Black and minority the first of a themed double issue
ethnic backgrounds has been striking that curates reflections on the issues
and concerning. and experiences of 2020, and the
provisional lessons which may be
At the same time, high profile emerging. Contributors include early
incidents of police brutality in the career academics, practitioners and
United States of America once again people affected directly by criminal
highlighted ongoing dynamics of justice institutions. In a first for the
systemic injustice and inequality. ECAN Bulletin, written pieces are
This inspired worldwide and complemented by audio
consequential demonstrations, with contributions.
vital self-reflection on thinking about
race and privilege. Recognition of a Casey, Barkas and Gormley’s
global climate crisis rumbles on in contribution provides an insightful
the background. No one issue stands examination of the experiences of
alone. people directly affected by criminal
justice in Scotland, during the
The emergence of COVID-19 posed pandemic. They explore how the
particular dangers for sites of feeling of suspension-as-punishment
confinement such as prisons, and the left people navigating the monotony
people detained and working there. and isolation of being both locked up
Action in most, if not all, nations and locked down. They conclude that
across the world has failed to match COVID-19, and the response to it,
the urgency of the situation. England has exacerbated vulnerability and
and Wales has been no exception, precarity, as well as deepening forms
with early suggestions that up to of entrenched social and penal
inequality.
Our first audio contributions provide
two distinct perspectives on prisons
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ECAN Bulletin, Issue 46, March 2021
during the pandemic. Andrea Albutt In her audio contribution Kerry Ellis
is President of the Prison Governors Devitt reports on research
Association; Jonathan Gilbert is conducted with her Kent, Surrey and
pursuing a PhD at Cardiff University Sussex Community Rehabilitation
and was released from prison in Company (KSS CRC) Research and
June 2020. Both recognised the Policy Unit colleagues and Dr Jane
necessity, and the difficulties, posed Dominey on the challenges faced by
by the full lockdown in prisons that probation practitioners during 2020.
began in March 2020. Andrea Albutt We learn about the profound effect of
spoke to the effects on, and future the pandemic on probation practice
concerns about, prison staff. She and the shift to remote forms of
suggests that as we (hopefully) move supervision. While identifying the
beyond the worst of the pandemic importance of face to face meetings
over the coming months, this may – in building relationships, and
offer an opportunity to learn lessons practitioners being able to draw on
and find ways to improve prisons and their senses accurately to appraise
the outcomes for people incarcerated the situation of a supervisee –
in them. The COVID-19 response Devitt also suggests that there are
showed that swift action (in some some positive elements of remote
regards) is possible. Equally, action supervision that might persist beyond
is necessary: prison safety and staff the pandemic.
attrition are two issues requiring
urgent attention. Moving to another institutional
element of the criminal justice
Jonathan Gilbert reflects on his own system, Helen Trinder’s audio
passage through the prison system, contribution reflects on her
as he progressed towards release; experience as a Parole Board
an experience that unexpectedly member. The Parole Board pivoted
ended in the midst of a global swiftly to online hearings. While an
pandemic. Gilbert in particular raises online ‘Hub’ had existed for years for
concerns about the sustained the purpose of remote hearings, it
disruption that prisoners have, and had until 2020 been little used. While
will, experience to their prison suggesting that overall the Parole
‘journey’. Where usually prisoners Board’s efforts have been
(ideally) experience a gradual remarkably successful (and, we
moving forwards, a loosening of could note, certainly relative to the
restrictions, as they get closer to considerable delays that we see
release, COVID-19 has led to the building in the criminal courts)
majority of prisoners going Trinder rightly notes the need for
‘backwards’. They are, and have careful analysis to be carried out to
been, experiencing highly restrictive ascertain the quality of Parole Board
conditions through no fault of their decision making, and the implications
own. At the same time, the ‘journey’ of their decisions, during this time.
beyond prison and towards Will Parole Board panels prove to
successful resettlement has been have been too eager to release, or
heavily disrupted: learning is unable perhaps unnecessarily risk averse?
to take place, work opportunities Have people from minority
have been withdrawn and family backgrounds been treated fairly?
contact is limited. How have prisoners experienced
remote parole hearings?
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ECAN Bulletin, Issue 46, March 2021
A significant concern during the improve public safety, by supporting
pandemic has been the potential for individuals who have committed
pre-existing interpersonal harms to sexual offences and may be
be exacerbated. Contributions to this vulnerable themselves. Hit hard by
first Themed Issue address in COVID-19 and the ensuing
particular developments relating to lockdowns, Kitson-Boyce and
domestic violence and hate crime. colleagues show that CoSA
Kelly Mackenzie, an academic and providers across international
Independent Domestic Violence jurisdictions managed to provide at
Advisor (IDVA), discusses the ways least some level of support to
in which the pandemic has acted as individuals in spite of the challenges
a conducive context for domestic of the pandemic. They reflect on the
violence. Reports of domestic abuse ways in which CoSA providers have
are increasing, with significant had to try to prepare for a “new
demands placed on charities normal” that has yet to be fully
providing support. Mackenzie argues enunciated or understood.
that moving out of lockdown, long-
term, sustainable funding solutions 2020 also highlighted recurring
for relevant services are essential. concerns about racial bias and
And she hopes that it may provide an disproportionate treatment, not least
opportunity for a change in narrative; as regards policing, the application of
a renewed effort to hold these stop and search and of novel
uncomfortable, troubling, and crucial COVID-19 related powers. These
issues in view. longstanding concerns erupted into
widespread international protests,
Amy Clarke draws our attention to under the Black Lives Matter banner,
the dangers, and reality, of hate in response to the police killing of
crimes of various kinds, both fostered George Floyd – a killing which is
and exacerbated by COVID-19. This itself just one amongst many.
can be seen in general anti-foreigner
sentiment, anti-vax conspiracy In this context, Prowse and Meares
theories, and increased attacks on invite us to learn about their
minoritised groups. Clarke argues innovative Portals Policing Project in
that hate crime in the UK must the United States of America. This
urgently be addressed by official project asks “What is the best way to
agencies. More fundamentally still, produce public safety for those who
she argues that serious engagement feel the brunt of violence in their
with minoritised groups’ experiences neighbourhoods and the state’s
of hate crime, and the particular typical response to that problem
dynamics of the pandemic, may drive (armed general purpose first
us to reconsider the very meaning of responders)?” They give us insights
justice; propelling us towards more into emerging ideas – and tangible
holistic understandings that come action – that can serve to achieve
from, and reach out beyond, criminal improved safety; and within a frame
justice. of reference that eschews a narrow
focus on policing in its current form.
Kitson-Boyce and colleagues Importantly, they argue that what
explore the experiences of Circles of their work with (over-)policed groups
Support and Accountability (CoSA) makes clear is a desire not for the
groups during 2020. CoSA are one repudiation of the state. Rather, it
valuable means of seeking to shows a desire for robust, reparatory
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ECAN Bulletin, Issue 46, March 2021
and responsive institutions to replace Acknowledgements
those currently in existence.
Thanks to Helen Churcher, Anita
Are there threads of commonality Dockley and Calum McCrae for their
that weave between these assistance in the production of this
contributions? At the practical level, themed issue. Thank you to all who
many contributions speak to the have contributed their experiences
limits of remote interaction, but also and research.
of its benefits and the value of
exploring how these technologies About the editor
might complement in-person practice Harry Annison is an Associate
in the future. There have been Professor at Southampton Law
significant efforts made by people School. He is a member of the
across criminal justice (and beyond) Howard League’s Research Advisory
in seeking to keep the show on the Group. His research interests centre
road. The exhaustion and strains on penal politics and policymaking.
caused by COVID-19 and related
actions will have long-term effects,
on everyone working in and affected
by criminal justice.
Many contributions look to the future: Please note
will the pandemic and its effect on Views expressed are those of the
criminal justice come to be seen in author and do not reflect Howard
hindsight as a further perpetuation of League for Penal Reform policy
the apparently never-ending, never- unless explicitly stated.
resolving crisis in the English penal
system (and indeed in many nations
worldwide) as Cavadino and
colleagues have described for many
years now? Or will it prove to be a
moment of Kairos, of possibility and
change, whereby meaningful
changes are made not only to our
criminal justice institutions, but also
central underlying concepts including
justice and safety.
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ECAN Bulletin, Issue 46, March 2021
Features
Justice interrupted:
Experiences of enduring
punishment in a
pandemic
Ryan Casey, Betsy Barkas, Caitlin
Gormley
Introduction
Lockdown has exacerbated the
marginalisation of people under
criminal justice control. Under these
testing and unstable conditions, people to navigate the monotony and
disruption to the routine isolation of being both locked up and
administration of justice has made locked down. By analysing the
more visible the multi-dimensional intersecting and complex
and compounding relations between circumstances of interrupted justice,
penal power and social inequalities. we can better understand how it has
Drawing on data from a large and exacerbated vulnerability and
rapid research project exploring the precarity, as well as deepened forms
health and social impacts of Covid- of entrenched social and penal
19 and its suppression among inequality.
already marginalised groups in
Scotland, this paper reflects on the Background and methodology
experiences of 120 people directly This paper draws upon data from a
affected by criminal justice control wider rapid research project, the
during the pandemic. Scotland in Lockdown study, which
focusses on understanding the
In this paper, we discuss how the impact of Covid-19 restrictions and
overlapping uncertainties of being measures (i.e. lockdown) on groups
punished during a pandemic of people already experiencing
amounts to a more deeply punitive exclusion, isolation, and
experience for most people. First, we marginalisation (see Scotland in
explore how people felt abandoned Lockdown, 2020). This includes
and forgotten due to lack of support people affected by criminal justice,
during lockdown, and in turn, the but also disabled people or those
consequences this produces in terms with long-term health conditions,
of mental health and wellbeing. refugees and people seeking asylum
Secondly, and linked to the feeling of who were at risk of destitution, and
abandonment, we explore the feeling people surviving domestic abuse or
of being in a state of suspension as sexual violence. The study was
punishment was prolongated, leaving funded by the Chief Scientist Office
(hereafter CSO) as part of its Rapid
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ECAN Bulletin, Issue 46, March 2021
Research in Covid-19 Programme1. major backlogs in court hearings
Ethical review and approval of the resulted in prolonged supervision
project was received via the College orders. New prison policies were
of Medical, Veterinary and Life accelerated to manage the crisis,
Sciences at the University of including an early release from
Glasgow. The research was custody scheme, the implementation
conducted and completed between of virtual visits, and mobile phones
July and December 2020 by a large being issued to some prisoners for
team of researchers at the University the first time. However, the Scotland
of Glasgow and supported by 20 in Lockdown (2020) study found that
partner organisations from the third these were implemented too little, too
sector. late, or with too many problems.
Meanwhile, the prison regime
This paper highlights the experiences became even more restricted with
and impacts of lockdown and its most prisoners being confined to
consequential interruptions for those their cell for 22-23 hours per day.
involved in the criminal justice Almost all aspects of daily life in
system, including people currently prison were cancelled, including:
serving or having recently completed external services; visits; fellowship
prison sentences, their family meetings; church services; education
members, those under community and library access; most prison work
supervision, and staff working in parties; and the gym (for a
services that support them. The comprehensive timeline of events
analysis is based on 15 interviews of relating to Scottish prisons and
people under supervision or who prisoners, see SPARC, 2021).
have recently left prison; six family
members; and eleven staff members. Interruption as abandonment
It also draws on a survey completed Many people in Scotland
by 86 sentenced prisoners (73 men, experienced significant changes to
eleven women, and two people who and challenges in their lives and in
did not disclose their gender) from all accessing key public services during
but one of Scotland’s prisons, as well lockdown (e.g. schools and health
as reflections on the prison services). However, people in prison
experience sent via two letters. and under community supervision
Finally, it includes analysis of data faced compounding problems and
shared by a research partner hardships in relation to criminal
organisation which conducted its own justice or other public services they
consultation of released and serving engaged with either for the support
prisoners. they needed or as requirements of
their sentences. For those in prison
In Scotland, regimes of punishment in particular, even access to the most
and control were dramatically basic services such as primary
impacted by the unfolding pandemic healthcare is mediated by the
throughout 2020. Community-based institution confining them. In the
sanctions pivoted to tele-support community, CJSWs also often
provided by Criminal Justice Social mediate access to other services for
Workers (hereafter CJSWs), yet people under supervision.
1 The project was funded as part of the Chief Information here:
Scientist Office (Scotland) Rapid Research https://www.cso.scot.nhs.uk/covidcalloutcom
in Covid-19 (RARC-19) Programme. e/.
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ECAN Bulletin, Issue 46, March 2021
Unsurprisingly, key statutory services However, for those who relied on
were significantly impacted by the social work for support, the absence
pandemic, affecting not just how or to of face-to-face meetings made them
whom they were delivered, but feel further isolated as this was the
whether or not staff and providers only regular social contact some
had any service capacity at all. people had. For those in more
Community groups and third sector precarious or vulnerable positions,
organisations worked creatively to light-touch and perfunctory welfare
respond to the needs of people and check calls were not enough and the
fill in the gaps left by the statutory lack of support adversely impacted
sector (Casey, 2020) but mental health.
nevertheless, many of the people
who participated in the study felt the
absence of services. For those Just before we went into
required to meet with social workers, lockdown, I was attending a
most in-person supervision was group as part of my order, I was
suspended and replaced with phone seeing my social worker once
calls. While it was a reduction of every couple of weeks, and
service provision, this was not things were going okay [....] I
necessarily a negative experience: mean, I felt in a good place then
[...] But then the lockdown
happened, so then I had to stop
I just feel it’s a much less going to my group, and I was
stressful relationship with [my always hearing from my social
family] and I can have quite a worker like once a fortnight by
relatively light-hearted good phone [...] seeing how I was and
check-in with [them] on the phone I’d be lying if I’d said my mental
now, whereas I didn’t really have health wasn’t affected. (Person
that before. (Person under under community supervision)
community supervision)
In prison, the absence of services
and support was even more striking.
For many supervisees, the switch to
The figure below gives an overview
phone-based support was positive,
of the main concerns of those in
particularly for those who were
prison, as reported to our survey of
concerned about the risks of being
prisoners distributed in September
forced to attend appointments at a
2020. It shows that overall, and for
crowded indoor office or the looming
most people, life in prison became
threat of a breach or recall to custody
worse during the pandemic (rated as
for non-attendance. Beyond the risk
either ‘A bit worse’ or ‘Much worse’).
of catching the virus itself, other
supervisees experienced the
reduction of service as a reduction in
the control social work had on their
lives. The distance and absence of
‘meaningful’ support allowed one
participant to gain freedom from
CJSW supervision and just ‘go
through the motions’ by phone.
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ECAN Bulletin, Issue 46, March 2021
Figure 1, Responses to prison survey question ‘How are the
following under Covid-19 compared to before?’ (N=86)
This graph shows that access to In the first few months of the
support services, contact with loved nationwide lockdown, many people in
ones, and everyday life in the prison spent up to 23 hours per day
residential wings [life on the hall] in their cells with little to no access to
were particularly negatively other services or outside contact:
impacted. It is also noteworthy that
although the majority of people in
prison said life was worse, a minority We are forgotten people of the
said that the restrictions had COVID 19 pandemic [...] there
alleviated some of the negative has been no compassion shown
aspects of prison life (such as to us human beings. We are
bullying, crowds, and noise). locked up 23 hours a day. How
Nevertheless, 67% of all respondents is this good for anyone’s mental
said that access to support services health on top of that we are
was worse and many commented stressed out to the max worrying
that this negatively impacted their about our families praying our
mental and physical health. love[d] ones manage to get
through this. (Person in prison)
8ECAN Bulletin, Issue 46, March 2021
Many people felt abandoned and My grandpa died in late February and
completely isolated because of the my head was all over the place I asked
institutional response to the for help from the mental health Team
pandemic. With in-person visits from and they said ‘we will get back to you’
loved ones suspended for months and still I’ve had no help from them.
and the options for phone contact (Person in prison)
(communal phones and, for some,
newly distributed mobile phones)
being limited and/or unsanitary, the Participants in prison and under
loss of connection was felt acutely by community supervision orders
those in prison as well as family acutely felt the effects of being
members outside (Barkas, 2020): denied access to support,
healthcare, and regular social
Why have we been forgotten? contact. This contributed toward
Why have we been so let down? feelings of institutional abandonment
That’s how we feel, let down. We against the backdrop of the
have committed no crime. So why pandemic. While some participants
have we been let down and found ways to benefit from the
forgotten? That would be my absence of statutory services’
question. (Family member of involvement in their lives, most
someone in prison) participants were left in socially
vulnerable positions. This rendered
them more dependent on statutory
In addition to being cut off from agencies for services and support.
outside contact, conditions inside
some prisons deteriorated. The Interruption as being left in
sense of being forgotten and suspension
abandoned was exacerbated by the Interrupted access to services left
lack of access to sanitiser, outside some people in prison and under
space, and healthcare. When supervision for longer, unable to
responding to our survey in progress towards completing their
September 2020, some people in sentence. In prison, mandatory
prison had been waiting since the programmes for progression towards
start of lockdown for one-to-one release were cancelled as were
contact with mental health services, transfers to the open estate for those
despite severely struggling with their people approaching the end of long-
condition (Schinkel, 2020; Scotland term sentences. One family member
in Lockdown, 2020): of a prisoner shared that her partner
had expected to be transferred to the
open estate on the day that lockdown
I was refused mental health point
was announced in March but spent
blank and dentist can only do
the next six months locked in his cell
certain procedures they saying.
instead (see Barkas, 2020). Some
(Person in prison)
people in prison were worried that
this would reflect badly on them
when they were later considered for
release. It also meant that more
people were being held under
conditions of excessive security for
longer. One person highlighted that
9ECAN Bulletin, Issue 46, March 2021
the painful uncertainty during that state; not-yet sentenced or not-yet
liminal period: progressed, waiting for news of when
the next stage could begin. Those on
remand were similarly left waiting for
Some of us in top end feel left in their cases to be heard but had to
limbo land not being able to endure an indeterminate period in
progress and get out it’s like our prison despite not having been
sentence has frozen but apart sentenced.
from that not much else has
changed. (Person in prison) Temporal suspension impacted
Note: In Scotland, National Top End is a everyday life in prison in new and
separate unit within a closed prison for unique ways, though mostly hinged
people progressing toward the end of around 23 hour in-cell confinement.
long-term sentences before moving to The lack of stimulation and isolation
the Open Estate. had severe impacts on health and
wellbeing:
Those awaiting sentencing were left
to deal with the uncertainties of I feel like my pain and mental
having their court dates postponed health problems have got worse.
(sometimes several times). People in I think this is because there is
this situation felt that the court date nothing to take my mind of them,
was hanging over them and they also the routine keeps changing
could not ‘move on’ until it had so you can’t relax. (Person in
happened. Delays to review hearings prison)
for people serving community
sentences left some in a
bureaucratically grey area as Only the time in your cell yourself
sentences rolled on past their you start to feel more anxiety as
expected end date, as one CJSW Covid-19 hits your thoughts so
explained: depression sets in. But have to
sleep early not to think much
about the day. (Person in prison)
So, you had this weird situation,
where officially an order has
finished, but the person remains Monotony is both frustrating and
in contact with us, until they’ve actively harmful to wellbeing,
gone to court again properly for particularly in the extreme
the Sheriff to say that is it ended environment of a prison lockdown
now […] Orders have not been where all aspects of life are
prolonged, but in a sense, they controlled. Some people under
have been prolonged, but not supervision in the community
officially, does that make sense? adapted lockdown restrictions to fit
(CJSW) their own objectives such as: getting
the clean break they wanted;
pursuing hobbies; or spending time
The postponement of sentencing, with loved ones (Scotland in
progression and end dates made Lockdown, 2020). However, the
some people feel that their majority of those in prison did not
sentences were prolongated and left experience this imposed stillness as
them in an ambiguous and liminal reflective or relaxing. The ever-
10ECAN Bulletin, Issue 46, March 2021
changing prison regime and lack of mental health support. Punishment
opportunities to make time was stretched by duration, through
meaningful through relationships or bureaucratic processes of
activities made it a more painful prolongation and postponement, and
experience. An interviewee released by severity as many people endured
during the summer described what it circumstances of solitary
was like to have no access to the confinement in their cells and in their
prison’s library: homes. People under community
supervision experienced the multi-
dimensional effects of interrupted
We couldn’t get to the library, so, justice through the disappearance of
you know, 23 hours [in your cell], the statutory sector’s involvement in
you’re trying to swap books with their lives; light-touch contact with
blokes that you don’t really know. criminal justice social workers made
You're trying to make a book last some people feel forgotten and
a bit longer. You might be others liberated.
reading the same book two or
three times. (Person recently The punitive bite of custodial and
released from prison) community sentences stung more
because of the uncertainty of being
Reading the same book several in suspension. Perhaps most
times illustrates this painful stillness. worryingly, we heard from many
Lengthy lock up resulted in an people in prison that, aside from
intensification of the painful aspects lengthy lock up and cancelled family
of prison life (Crewe, 2011), through visits, lockdown had minimally
a combination of strictly limited altered prison life. The reported lack
activity and social contact, and the of access to sanitiser, cleaning
intensification of monotony and products, or healthcare along with
‘stillness’. the endurance of lengthy periods of
extreme isolation made participants
Conclusion feel forgotten about and less than
Our findings reveal how intensely the worthy of protection from the virus.
pandemic restrictions were felt People under community supervision
among people who were already navigated further risk by being forced
marginalised and affected by criminal to balance adherence to sentence
justice control. The grinding halt of conditions along with public health
life during lockdown illuminated the restrictions. The overarching
deeply precarious, and often more institutional neglect left those subject
vulnerable, position of people to criminal justice control vulnerable
experiencing punishment. to both the virus, and the harmful
effects of social isolation, deepening
Sentences, lives, and aspirations for social inequalities, and injustices.
futures beyond punishment were
interrupted, and this was
compounded by the sense of References
institutional abandonment. The Barkas, B. (2020) ‘Why have we been
forgotten?’ What lockdown is like for
statutory sector offered significantly prisoners’ families. [Online]. Available at:
less support to people in prison and https://scotlandinlockdown.co.uk/2020/1
under supervision, despite worsening 2/18/why-have-we-been-forgotten-what-
conditions and explicit calls for
11ECAN Bulletin, Issue 46, March 2021
lockdown-is-like-for-prisoners-families/ is in the final year of her PhD at the
[Accessed 2 Jan 2021]. University of Glasgow and the Scottish
Centre for Crime and Justice Research
Casey, R. (2020) Capacities and (SCCJR). Her research is an
demands in times of crisis: Impacts of ethnographic exploration of penal
the pandemic on third sector service electronic monitoring. Ryan is also
provision. [Online]. Available at: currently a Research Fellow at the
https://scotlandinlockdown.files.wordpre University of Oxford.
ss.com/2020/11/service_provision_briefi
ng_nov20.pdf [Accessed 2 Jan 2021]. Betsy Barkas was a Research
Assistant on the Scotland in Lockdown
Chief Scientist Office (Scotland). Rapid study and is currently researching
Research in Covid-19 (RARC-19) deaths in custody as a PhD candidate at
Programme. [Online]. Available at: the University of Glasgow and the
https://www.cso.scot.nhs.uk/covidcallout SCCJR.
come/ [Accessed 25 February 2021]
Caitlin Gormley is a Lecturer in
Crewe, B. (2011) ‘Depth, weight, Criminology at the University of Glasgow
tightness: Revisiting the pains of and based within the SCCJR. Her
imprisonment’, Punishment & Society research focuses on marginalised
13(5): 509-529. groups and their experiences of
criminalisation and victimisation. Caitlin
Schinkel, M. (2020) Mental health in was a co-investigator on the Scotland in
Scottish prisons under pressure during Lockdown study, co-leading the criminal
lockdown. [Online]. Available at: justice research stream.
https://scotlandinlockdown.co.uk/2020/1
0/21/mental-health-in-scottish-prisons-
under-pressure-during-lockdown/
[Accessed 2 Jan 2021].
Scotland in Lockdown (2020) Left out
and locked down: Impacts of Covid-19
lockdown for marginalised groups in
Scotland. [Online]. Available at:
https://scotlandinlockdown.co.uk/project-
report/ [Accessed 2 Jan 2021].
Scottish Prisoner Advocacy & Research
Collective (SPARC) (2021) Covid-19
Updates. [Online]. Available at:
https://scottishprisoneradvocacy.com/co
vid-19-updates/ [Accessed 6 Jan 2021].
Funding acknowledgement
This work was part of the Scotland in
Lockdown: Health and Social Impacts of
Covid-19 Suppression for Vulnerable
Groups in Scotland and was supported
by Chief Scientist Office (Scottish
Government) funding, Grant Number
COV/GLA/20/12.
About the authors
Ryan Casey was a Research Assistant
on the Scotland in Lockdown study. She
12ECAN Bulletin, Issue 46, March 2021
COVID-19 and the criminal justice system: Audio
contributions
Andrea Albutt Kerry Ellis Devitt
President, Prison Governors Research and Policy Unit, Kent,
Association Surrey and Sussex Community
Rehabilitation Company
Listen to Andrea speak about
the impact of COVID-19 on Listen to Kerry speak about the
prison regimes and prison challenges faced by probation
staff. practitioners during 2020.
Jonathan Gilbert Helen Trinder
PhD candidate, Cardiff Parole Board member
University
Listen to Helen speak about her
Listen to Jonathan speak experience as a Parole Board
about his experiences in the member during the pandemic.
prison system, and
progression towards release
during the pandemic.
13ECAN Bulletin, Issue 46, March 2021
Power, control, and COVID-
19: Challenges and
opportunities in the midst of
a global health crisis
Kelly MacKenzie
Introduction
The year 2020 provided critical insights
into how domestic abuse is perceived
and understood within society. In the UK, The nature of domestic abuse
economic, social, and political systems Domestic abuse is a globally pervasive
have been significantly disrupted since social problem that has a profound
the first lockdown was implemented to impact upon victim-survivors and those
curb the transmission of COVID-19 in around them. It can take the form of
March 2020. As communities turned current or ex-intimate partner abuse or
inward, with individuals confined largely familial abuse. The forms of abuse vary
to their homes, concerns were raised but include incidents or patterns of
that levels of domestic abuse would incidents of physical abuse, sexual
increase. Often hidden behind closed abuse, mental and psychological abuse,
doors, the lockdown measures drew the and other coercive and controlling
nature and impact of domestic abuse into behaviours. It is insidious in nature;
sharp focus. Local domestic abuse violence, or the fear of violence, is used
services have had to rapidly adapt to the by abusers alongside isolation,
challenges of providing continued surveillance, economic abuse, coercion
support in a global pandemic, while and degradation, amongst other tactics,
pathways to safety have reduced and to establish and maintain power and
abuse has escalated. The criminal justice control over the other person. While a
system labours under a growing backlog glance or expression does not on its own
of cases, with routes to justice for victim- constitute a criminal act, for a victim-
survivors narrowing; cases being survivor of domestic abuse such actions
delayed by months and even years. I by an abuser can result in fear and threat
write from the perspective of having of abuse. Hill notes that ‘there are
worked as an Independent Domestic criminal offences committed within
Violence Advisor (IDVA) throughout the domestic abuse, but the worst of it
pandemic (and having done so for some cannot be captured on a charge sheet’
time before), providing support to victim- (2020: 6). Domestic abuse can impact
survivors deemed to be at an imminent anyone, irrespective of age, gender,
risk of serious and immediate harm. race, sexuality, class, or geography. As a
Within this article, I explore some of the form of gender-based violence, women
challenges arising from the pandemic for comprise the majority of victim-survivors
both victim-survivors and frontline and face a greater likelihood of suffering
domestic abuse advocates, while some more sustained and severe forms of
of the lessons and possible opportunities abuse or violence resulting in injury or
to be gleaned from this year of crisis will death than men. The World Health
be considered. Organisation (WHO) has highlighted
violence against women as a ‘global
public health problem of epidemic
proportions’ (2013: 3). While I focus
14ECAN Bulletin, Issue 46, March 2021
predominantly on domestic abuse pandemic has created a ‘conducive
perpetrated by men against women, context’ (2020: 4). Instances of domestic
perpetrators and victim-survivors are not abuse are known to rise whenever
limited to one particular gender; men and abusers spend more time with their
LGBT+ communities are also adversely partners or families, such as during
affected. school holidays or at Christmas time.
Global health crises and disaster are
A ‘pandemic within a pandemic’ also known to increase the prevalence
The UK moved into a national lockdown and severity of domestic abuse (Lauve-
on 23 March 2020, confining individuals Moon and Ferreira, 2017: 124).
and those within their household to their Lockdown restrictions, while a necessary
homes. Heeding the warnings from public health intervention, inadvertently
countries who had already implemented assisted abusers and exacerbated some
lockdown restrictions, attention was of the predominant risk indicators of
drawn to the likelihood of increased serious harm or homicide, including
social isolation, promoted as a tactic to increased economic vulnerability,
reduce the transmission of COVID-19, substance misuse, mental ill-health, and
resulting in an increase in the prevalence isolation (Richards, 2009). Prolonged
of domestic abuse (Fraser, 2020). In the restrictions on movement to limit the
first few weeks of the lockdown, calls to spread of the virus have resulted in
domestic abuse helplines increased by increased economic strain as
120% (Moore, 2020). Fourteen women unemployment and income loss rise.
were recorded by Karen Ingala Smith’s School closures and a lack of childcare
blog Counting Dead Women as being facilities have contributed to increased
killed by men, ten of whom were killed by personal and professional pressures in
their partner or ex-partner (Ingala-Smith, the home. Increased fear and anxiety
2020). Media headlines framed domestic concerning the pandemic has had a
homicides as ‘coronavirus murders’ detrimental impact on mental health and
creating a narrative that centred COVID- wellbeing (Mittal and Singh, 2020).
19 as the cause of the murders, rather Abusers have used the pandemic as a
than the actions and decisions of the means to increase their controlling and
abusers (Williamson, et al. 2020). Such manipulative behaviours, further isolating
narratives prevail throughout society, victim-survivors from key support
failing to focus the lens upon those networks, such as family, friends, and
responsible and demonstrating the support services, purposefully not
distinct lack of awareness concerning the adhering to restrictions as a means to
pervasiveness of domestic abuse. incite fear and anxiety, as well as
Working as a domestic abuse advocate, I blaming the victim-survivor for the
am acutely aware that those who suffer economic impact of the virus (Davidge,
as a consequence of such narratives are 2020: 13-14). Referrals to our service
not the individuals who perpetrate the slowed in the immediate aftermath of the
abuse, but rather those who directly lockdown announcement, as barriers for
experience it, reflected in the continued victim-survivors to disclose, report, and
shame and stigma surrounding domestic escape the trauma of domestic abuse
abuse. grew. The lockdown measures
inadvertently granted abusers ‘greater
COVID-19 is not the cause of domestic freedom to act without scrutiny or
abuse, abusers are. The Ending consequence’, while further limiting the
Violence Against Women (EVAW) choices available to victim-survivors
coalition notes, however, that the (Bradbury-Jones and Isham, 2020).
15ECAN Bulletin, Issue 46, March 2021
COVID-19 has made it harder for women COVID-19 and domestic abuse
experiencing abuse during the pandemic advocacy
to escape (Davidge, 2020: 13). For Black As an IDVA, I proactively address issues
and minoritised women, the intersection of risk and safety with victim-survivors of
of the violence against women and domestic abuse in a manner that helps
coronavirus pandemics have further them find their own voice, providing them
exacerbated racialised discrimination with a renewed sense of control over
and structural inequalities (Banga and their lives through independent
Roy, 2020: 3). Other minoritised groups, advocacy. Part of an IDVA’s role is to
such as deaf and disabled women, have engage in a coordinated multi-agency
also been disproportionately impacted, response, using institutional advocacy to
particularly victim-survivors who are develop knowledge of domestic abuse
reliant upon their abuser to meet their amongst professionals, foster effective
basic care needs (Women’s Aid, et al., working relationships, and challenge
2020: 16). oppressive systems and working
practices to facilitate the best possible
While the Office for National Statistics outcomes for victim-survivors and their
(ONS) notes that the increase in children (Burman and Brooks-Hay, 2020:
offences flagged as domestic abuse 138). Slattery and Goodman describe
related cannot be ‘directly attributed to domestic abuse advocacy as the ‘key
the coronavirus pandemic’, demand for component’ in meeting safety, support,
specialist services also increased, and healing needs of victim-survivors
particularly as measures were eased in and their children when escaping abuse
June (ONS, 2020). Referrals in to our (2009: 1374). The conditions arising as a
services spiked in the period from June consequence of the COVID-19 crisis
to August with our organisation receiving have further cemented the integral
the highest number of referrals on record nature of the role of advocates, providing
during this period. Reflected in the victim-survivors with crucial advice and
findings of a recent Women’s Aid report, support during the lockdown restrictions.
our IDVA service also saw an increase in When the first lockdown was introduced
the severity of abuse being perpetrated in March 2020, the majority of service
(Davidge, 2020: 33). This is concerning provision moved exclusively to
as it indicates that victim-survivors are telephone-based support with many
potentially only seeking support when at organisations closing their outreach
a much higher threshold of risk, rather centres. My colleagues and I had to
than self-referring for support at an rapidly adapt to remote working to
earlier stage. While the severity of abuse ensure that our capacity to provide
intensified during lockdown, victim- successful interventions and support for
survivors were limited in the avenues victim-survivors did not waver as the
available for them to safely seek support lockdown progressed. The move to
and escape the abuse (BBC, 2020). The remote working was entirely new terrain,
complexity of cases has also increased, creating challenges for victim-survivors
with many victim-survivors accessing and advocates alike.
support having higher and more varied
support needs around substance misuse Many victim-survivors have lived through
and escalating mental-ill health. exceptionally traumatic circumstances.
Advocates often provide a considerable
amount of emotional support in the
interim prior to victim-survivors engaging
with specialist therapeutic services if they
16ECAN Bulletin, Issue 46, March 2021
choose to do so. Working from home has aspects in the role of an IDVA. Many of
meant that their traumatic experiences the victim-survivors I have supported
are inadvertently invited into an during the pandemic, who were due to
advocate’s personal and private space present evidence as witnesses in their
on a daily basis. Many advocates do not case, have had their trial date postponed
have a separate working space to their numerous times; often notified only one
home, no longer being able to use the to three days in advance. Trial dates are
commute home from their office space to now being set at least six months in
work through the intensity of the day. advance. Despite guilty verdicts, many
The complete reconfiguration of working perpetrators of abuse have also had their
practice at the outset of the lockdown sentencing hearings postponed and
initially caused tension between my rescheduled numerous times. The
professional and personal boundaries as, adversarial context has long been
like many, my home became my recognised as a ‘protracted and
workplace overnight. Vicarious trauma, bewildering process’ for victim-survivors,
or ‘secondary traumatic stress’, is a a process they must engage with while
recognised risk of domestic abuse managing ‘the demands of their
advocacy (Slattery and Goodman, 2009). everyday life’ and those arising from the
Remaining resilient as the violence abuse, such as seeking alternative
against women pandemic and COVID-19 housing or addressing health issues
crisis intersect has been a considerable (Burman and Brooks-Hay, 2020: 136).
personal and professional challenge. Such demands now arise under the
Advocates must now engage in conditions created by COVID-19, with
independent and institutional advocacy victim-survivors experiencing further
without face-to-face contact with victim- delays as the criminal justice system
survivors, colleagues and other struggles to schedule trial and
professionals, while having to manage sentencing hearings amidst an ever-
their own emotional and physical growing backlog of cases in both the
wellbeing all from within their own home. Magistrates and Crown Courts (Webster,
Integral aspects of my role continue to be 2020). For victim-survivors, this extends
undertaken via telephone or group video an already arduous process,
calls, complicating the negotiation and exacerbating primary trauma and
advocacy needed to overcome contributing to secondary victimisation,
institutional obstacles for victim- as the progression of cases slows further
survivors. Moreover, moving to while conviction rates remain low
predominantly telephone-based support (Burman and Brooks-Hay, 2020: 136).
means many victim-survivors have been COVID-19 risks increasing levels of case
left without the option of face-to-face attrition throughout the criminal justice
support from specialist domestic abuse system as victim-survivors choose to
services, reducing their ability to disclose withdraw from the process (EVAW, 2020:
abuse and seek support slowly and in 23). Alongside the increase in demand,
their own time. While some victim- the backlog of trials and shifting
survivors choose to seek support, many lockdown restrictions have created
go undocumented and it is likely that the greater demand for services, increasing
unfolding pandemic will prevent many practitioner caseloads and placing
more victim-survivors from disclosing the increasing pressures on capacity. Alarm
abuse they are experiencing. bells continue to ring as domestic abuse
services try to prepare for the
Supporting victim-survivors through the ‘anticipated increase in demand for
criminal justice system is one of the main support over the coming months, which
17ECAN Bulletin, Issue 46, March 2021
is unlikely to be predictable or uniform’ The COVID-19 crisis has consumed
as the pandemic continues to develop collective consciousness over the past
(Davidge, 2020: 38). year, with the lockdown conditions
imposed mirroring the conditions created
Lessons and opportunities by an abuser. Feelings of ‘subjection and
With the pandemic moving into its powerlessness’ experienced by victim-
second year, it is important to reflect survivors have been felt across the wider
upon the lessons and opportunities for population living within the conditions
change that have arisen during the created by the crisis (Burman and
COVID-19 crisis. Although access issues Brooks-Hay, 2020: 135). The
persist due to limited face to face service implications of the crisis, such as
provision, domestic abuse services have isolation, restrictions on movement, fear,
found new and innovative ways of and increasing mental and physical ill-
working. A broader diversity of provision health, have exemplified the nature and
in the form of text, email, and web-chat impact of domestic abuse upon victim-
based support has allowed those unable survivors. Although devastating, the
to speak on the phone due to living with COVID-19 crisis has inadvertently
their abuser to access crucial support, created an opportunity to challenge
and practitioners have formulated prevailing narratives, such as those that
innovative and tailored plans to help ask why a victim-survivor does not
keep victim-survivors safe during the simply leave an abusive relationship. It
pandemic. COVID-19 and the resulting has revealed the complex array of
lockdown measures have brought reasons and interrelated challenges that
domestic abuse into the public eye, make leaving an abusive relationship a
placing a spotlight on an existing difficult and dangerous process for many
pandemic that can no longer be ignored victim-survivors. Crucially, this presents
(Evans, et al. 2020; Davidge, 2020: 4). a pivotal opportunity to formulate a new
The National Domestic Abuse Helpline narrative, that centres the actions of
number now appears on the bottom of perpetrators of abuse and the causes
some supermarket receipts, while ‘Safe and conditions that contribute to its
Spaces’ have been created in a number prevalence, while providing victim-
of pharmacy consultation rooms around survivors the tools and resources to
the UK. Initiatives such as these not only leave safely.
create discreet avenues of support for
victim-survivors but provide recognition Conclusion
of the prevalence of domestic abuse Working as an IDVA, the challenges
within local communities. Short-term unfolding from the COVID-19 crisis now
funding has been made available by the form the backdrop to my daily working
government to provide for specific practice. Within this article, I have
projects responding to the COVID-19 outlined some of these challenges,
crisis within the domestic abuse sector. exploring the implications upon victim-
Innovative measures and pots of funding survivors and advocates as economic,
for programmes are gratefully received. political, and justice systems struggle
However, such measures must be met and are beleaguered by the unfolding
by longer-term, sustainable funding COVID-19 crisis. It has, nevertheless,
solutions for all services, particularly presented an opportunity for the lived
those that support black and minoritised experience of victim-survivors and the
women, including those with no recourse nature and impact of domestic abuse to
to public funds (Davidge, 2020: 38). be brought to the fore. It is imperative
that policymakers attend to the valuable
18ECAN Bulletin, Issue 46, March 2021
insights that specialist domestic abuse Supporting Them. [pdf] Bristol: Women’s Aid.
services, campaigners, and activists Available from:
have provided during the pandemic. ‘If [Accessed 10
December 2020].
disappear from sight’ (Hill, 2020: 15).
With victim-survivors waiting months for Evans, ML. Lindauer, M. and Farrell, M.,
trial dates to be set, the importance of 2020. A Pandemic within a Pandemic —
domestic abuse advocates in responding Intimate Partner Violence during Covid-19.
to, and challenging, the prevalence and New England Journal of Medicine. 383(24),
severity of domestic abuse grows. pp. 2302-2304.
COVID-19 has undoubtedly
demonstrated the versatility and EVAW Coalition, 2020. Initial Briefing on the
resilience of the domestic abuse sector COVID-19 Pandemic and the Duty to
and those working within the movement. Prevent Violence Against Women & Girls.
There is much more to be learned about EVAW Coalition. Available at:
of vicarious trauma might be addressed [Accessed 12 December 2020].
within organisational policy.
Fraser, E., 2020. Impact of COVID-19
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