Marginal gains or diminishing returns? Penal bifurcation, policy change and the administration of prisoner release in England and Wales

Abstract

Prisoner release has emerged as a key site of penal policy contestation in England and Wales. A series of crises have undermined public confidence in the parole system and reopened longstanding debates over the confused normative basis of prisoner release policy and practice. This article attempts to locate current concerns within an ideational interpretation of penal policy change. It will argue that prisoner release has been fundamentally re-shaped by a bifurcated penal strategy that emerged as one possible response to the unique challenges of late-modern crime-control. Over time this strategy has provided an enduring guide to collective action and a political template for successive penal reform programmes. However, there are signs that we may now be reaching the conceptual limits of this strategy. While the logic(s) of bifurcation will continue to yield marginal political gains in the short-term, this article concludes that the long-term prognosis is one of diminishing returns with significant implications for the legitimacy, effectiveness and administrative coherence of prisoner release in this jurisdiction.