Abstract
This paper examines the difficulties with the use of social security as a criminal sanction. The problems are considered in the context of a specific example under the Child Support, Pensions and Social Security Act 2000, which makes receipt of social security benefit conditional upon compliance with a community sentence. This concept of conditionality is inherent in the current social agenda designed to deal with claimants and offenders alike. However, the paper argues that in terms of punishment and deterrence, and benefit conditionality, the sanctions are counterproductive, since they create significant problems which ultimately undermine the objectives of the criminal justice and social security systems.
| Original language | English |
|---|---|
| Pages (from-to) | 1-16 |
| Journal | Journal of Social Welfare and Family Law |
| Volume | 26 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published (in print/issue) - 2004 |
Bibliographical note
Reference text: Department of Social Security (1998) New Ambitions for Our Country: ANew Contract for Welfare, Cm 3805, London: The Stationery Office.
Department for Work and Pensions (2001) Opportunity for All – Making
Progress, Third Annual Report, Cm 5260, London: The Stationery Office.
Duff, R.A., (1998) ‘Inclusion and exclusion: citizens, subjects and outlaws’,
Current Legal Problems 51: 241–266.
Duff, R.A. (2001) Punishment, Communication and Community, Oxford:
Oxford University Press.
Field, S. (1999) ‘Trends in crime revisited’, Home Office Research, Development
and Statistics Directorate, Research Study No 195, London: The
Stationery Office.
Flood-Page, C. and Mackie, A. (1998) ‘Sentencing practice: an examination
of decisions in magistrates’ courts and the crown court in the mid-1990s’,
Home Office Research, Development and Statistics Directorate, Research
Study No 180, London: The Stationery Office.
Garland, D. (1996) ‘the limits of the sovereign state: strategies of crime
control in contemporary society’, British Journal of Criminology 36: 445–471.
Garland, D. (2001) The Culture of Control: Crime and Social Order in
Contemporary Society. Oxford: Oxford University Press.
Harris, N. (2000) Social Security Law in Context, Oxford: Oxford University
Press.
Hedderman, C. (1999) The ACOP Enforcement Audit – Stage One. Criminal
Policy Research Unit, London: South Bank University.
Hedderman, C. (2000) Improving Enforcement: The Second ACOP Audit.
Criminal Policy Research Unit, London: South Bank University.
Hedderman, C. (2001) Setting New Standards for Enforcement: The Third
ACOP Audit. Criminal Policy Research Unit, London: South Bank
University.
Hedderman, C. and Hearndon, I. (2000) ‘The missing link – effective
enforcement and effective supervision’, Probation Journal 47: 126–128.
Home Affairs Committee (1997–98), Third Report: Alternatives to Prison
Sentences, HC 486, London: The Stationery Office.
Home Office (1997–98) Government Reply to the Home Affairs Committee,
Third Report, Cm 4174, London: The Stationery Office.
Home Office (2000) National Standards for the Supervision of Offenders in
the Community, London: The Stationery Office.
Home Office (2002) ‘Crime in England and Wales, 2001/2002’, Statistical
Bulletin Issue No: 7/02, London: The Stationery Office.
Home Office Communication Directorate (2001) Making Punishments
Work: Report of a Review of the Sentencing Framework for England and
Wales. London: The Stationery Office.
House of Commons Standing Committee F (1999–2000) Child Support,
Pensions and Social Security Bill, HC 314, London: The Stationery Office.
Kershaw, C. (1999) ‘Reconvictions of offenders sentenced to or discharged
from prison in 1994’, Home Office Research, Development and Statistics
Directorate, Statistical Bulletin No 5/99, London: The Stationery Office.
Lundy, L. (1995) ‘Income support and strikers’, Journal of Social Security
Law 2: 129–141.
Mair, G. and May, C. (1997) ‘Offenders on probation’, Home Office
Research, Development and Statistics Directorate, Research Study No 167,
London: The Stationery Office.
May, C. (1999) ‘Explaining reconviction following a community sentence:
the role of social factors’, Home Office Research, Development and Statistics
Directorate, Research Study No 192, London: The Stationery Office.
May, C. and Wadwell, J. (2000) ‘Enforcing community penalties: the
relationship between enforcement and reconviction’, Home Office Research,
Development and Statistics Directorate, London: The Stationery Office.
McKeever, G. (1999) ‘Fighting fraud: an evaluation of the government’s
social security fraud strategy’, Journal of Social Welfare and Family Law
21: 357–371.
Merrington, S. (2001) Objectives, Intervention and Reducing Risk, Centre for
Criminological Research, Probation Studies Unit, Oxford: University of
Oxford.
Merrington, S. and Skinns, J. (2001) Using ACE to Profile Criminogenic
Needs, Centre for Criminological Research, Probation Studies Unit,
Oxford: University of Oxford.
NACRO (2000) News Release Briefing Paper, NACRO, London.
Plant, R. (1999) ‘Supply side citizenship?’, Journal of Social Security Law
6: 124–136.
Rawls, J. (1971), A Theory of Justice, Oxford: Oxford University Press.
Rose, N. (2000) ‘Government and control’, British Journal of Criminology
40: 321–339.
Vincent, J. (1998) ‘Jobseeker’s allowance evaluation: qualitative research on
disallowed and sanctioned claimants phase two: after jobseeker’s allowance’,
Department for Education and Employment Research Brief No 86, London:
The Stationery Office.
Von Hirsch, A. (1993) Censure and Sanctions, Oxford: Clarendon Press.
Witt, R., Clarke, A. and Fielding, N. (1999) ‘Crime and economic activity:
a panel data approach’, British Journal of Criminology 39: 391–400.
Worrall, A. (1997) Punishment in the Community: The Future of Criminal
Justice, London: Longman.
