Dr Susie Hulley, a Senior Research Associate at the Institute of Criminology, received funding from UK Research and Innovation (UKRI) to pursue a Policy Fellowship with the Ministry of Justice (MoJ). The aims of the Policy Fellowship are to improve knowledge exchange between government departments and academia, and co-design research that will inform policy on a priority area. Hulley is pursuing two research projects: one developing research priorities related to in-cell technology in prisons, and a larger study called ‘Life Sentences for Children’.
’Life Sentences for Children’ will explore the purpose of life sentences and their implementation in practice. The mandatory life sentence for children is called ‘Detention at His Majesty’s Pleasure’ and is given to anyone under 18 who is convicted of murder in England and Wales. A life sentence is officially 99 years, meaning that a person will have that sentence for the rest of their lives. However, like the mandatory life sentence for adults, Detention at His Majesty’s Pleasure is split into two parts. The first is the custodial part, also called the minimum term, in which the person is held in prison for a fixed number of years set by the judge in court.
Once the person has served the minimum term, they are eligible for release by the Parole Board but will only be released if the Parole Board assess that they are no longer a risk to the public. Once approved for release by the Parole Board, the individual must serve the rest of their sentence in the community on what’s called ‘life licence’. The life licence sets out rules that the person must adhere to, to remain in the community. If they breach any of their licence conditions they can be recalled to prison at any time.
The impetus for Hulley’s research on life sentences for children was the recent Police, Crime, Sentencing, and Courts Act 2022, which changed the mandatory minimum starting points for children sentenced to Detention at His Majesty’s Pleasure.
Prior to 2022, judges were required to begin their assessment of a child’s minimum term at 12 years. They could then increase or decrease this sentence based on the relevant aggravating and mitigating factors. However, under the recent legislation, judges were provided with a table detailing a new sliding scale of minimum terms based on the child’s age and the type of murder (e.g., whether it was committed with a knife, or firearm). For children aged 17 who were convicted of murder with a firearm, for example, judges were now required to start their deliberations at 27 years – a substantial increase from 12 years. This change received very little attention in either the media or academia when it was passed. However, Hulley believes it could have a major impact on the youth custody population and the number of years children spend in prison, not just those convicted of murder.
“We know that similar legislation that increased sentence lengths for adults convicted of murder led to broader sentence inflation. Generally, it lifted up sentences for lots of other offences,” explains Hulley. “So, I think it's important that we capture what's happening to children at a very early part of this change in legislation. We have to see if this is going to have the significant impact on children sentenced to life, but also to understand if it will lead to sentence inflation for children across other sentences.”
Hulley has worked at the Institute of Criminology for the last 18 years conducting qualitative and quantitative research with a diverse range of people within the legal system. These have included police officers, lawyers, prisoners, judges, and young people. The Policy Fellowship draws on her recent longitudinal research exploring the experiences of men and women aged 25 and under sentenced to long life sentences. For the Life Sentences for Children project, Hulley is analysing sentencing remarks and interviewing judges.
The Policy Fellowship has also allowed her to develop the broader skills required for engaging with professionals within the Ministry of Justice, to undertake the studies and to ensure the research is applied.
“The Policy Fellowship has been amazing for developing my ability to engage with the policy and analysis teams across government departments,” says Hulley. “It has developed my network really extensively.
“I now realise how keen the MoJ are to engage with academics, but it’s not always clear how academics can do that. So, I'm really enjoying trying to build those networks and find ways to connect academics who want to engage with policy and analysis teams.”
The research fellowship is currently ongoing. Hulley hopes that the results will draw more attention to the recent change in sentence lengths for children and encourage discussion about its impact. Currently, she is discussing her research with policy professionals in the Ministry of Justice and associated bodies. Her long-term aim is for her research to inform the Law Commission’s upcoming review into UK homicide law.
Hulley encourages other researchers to seek out ways to engage with policy professionals and to develop knowledge exchange skills, to support the application of their research to real world problems. The University of Cambridge provides this through Centre for Science and Policyand is a partner with UPEN and CAPE.
“Working within the MoJ has been instrumental to my professional growth,” she says. “It’s incredibly rewarding to see my research not only deepen MoJ colleagues’ understanding of their work but also contribute to shaping policy and practice.”