Prison labour as punishment

Mandatory prison labour is not classed as part of the offender's punishment. The sentence is the years to be served in prison and on licence in the community. I argue that there is reason for reclassifying or reforming the current regime of prison labour in England and Wales. The argument for reclassification draws analogy to the place of labour in community orders and suspended sentences. If there is reason to reclassify prison labour, consideration of proportionality would require significantly reduced time in prison. However, there are important difficulties with establishing what reduction should be offered and operationalising any such reduction in a fair way. If prison labour is instead to be reformed so as to be non-punitive, this may require an overhaul, giving the offender a choice of whether to work and wider labour protections. Prison labour is lost when classed as neither punishment nor as employment.

Authors

Institutions

Publication Details

Journal
European Labour Law Journal
Published
2024-09-01
DOI
https://doi.org/10.1177/20319525241270252
Citations
2
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
2.26
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Prison labour as punishment

Rory Kelly
2 citations
European Labour Law Journal
Criminal Justice and Corrections Analysis
2.26
article

Prison labour as punishment

Rory Kelly
article en
2 citations

Abstract

Mandatory prison labour is not classed as part of the offender's punishment. The sentence is the years to be served in prison and on licence in the community. I argue that there is reason for reclassifying or reforming the current regime of prison labour in England and Wales. The argument for reclassification draws analogy to the place of labour in community orders and suspended sentences. If there is reason to reclassify prison labour, consideration of proportionality would require significantly reduced time in prison. However, there are important difficulties with establishing what reduction should be offered and operationalising any such reduction in a fair way. If prison labour is instead to be reformed so as to be non-punitive, this may require an overhaul, giving the offender a choice of whether to work and wider labour protections. Prison labour is lost when classed as neither punishment nor as employment.

European Labour Law JournalVol. 15(3)
Ollscoil na Gaillimhe – University of Galway (IE)
Openalex Percentile: Top 10%
Criminal Justice and Corrections Analysis
2.26
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.