Legitimacy on Licence: Why and How it Matters

Abstract

People leaving prison typically face numerous barriers to successful reintegration – a situation reflected by high reoffending rates in many countries throughout the world. To support people to overcome these barriers, criminal justice systems often provide some form of post‐custodial supervision. Based on a multisite ethnographic study, this article provides an insight into post‐custodial supervision in England and Wales. It introduces a novel theoretical framework for understanding the dynamics of supervisory relationships, which at its core distinguishes between legitimacy based on processes and legitimacy based on outcomes. While both sources of legitimacy are desirable, the former is particularly important because the latter is largely dependent upon it. In short, constructive relationships between licencees and supervisors fail to develop when processes are neglected, which, in turn, prevents probation and hostel workers from fulfilling their supervisory roles effectively.

After-care, resettlement and social inclusion: The role of probation

“…Trust is not simply about maintaining a comfortable relationship. There are tight and indissoluble bonds between good relationships, legitimacy and the compliance without which none of the benefits of supervision can be attained (Irwin-Rogers 2017). After-care, treatment and, not least, risk management depend upon openness, clear communication and mutual confidence.…”

‘Patience, persistence and proportionality’: Probation officer's perspectives of desistance in practice

“…respectful and fair treatment). Some research specifically explore power in the relationship, Irwin-Rogers (2017) study with probationers and their managers in England and Wales found that probationers’ perceptions of the legitimacy of power exercised was contingent upon two factors; procedures supervisors adopt and outcomes achieved. Consistent with the cited studies, a professional relationship based on empathy and dignified treatment, were important to participants.…”

Staff-resident relationships in Approved Premises

“…In its broadest sense, the fieldwork informing the current paper was conducted as part of a doctoral research project that explored the dynamics of supervisory relationships during post-custodial supervision (see Irwin-Rogers, 2015). This project developed theories of legitimacy in the context of penal sanctions delivered in the community, warning against a narrow focus on outcomes and highlighting the importance of procedure-based legitimacy in establishing and maintaining constructive supervisory relationships (Irwin-Rogers, 2017). The purpose of writing this specific paper was twofold: first, to provide readers with an insight into life inside APs primarily from the perspective of residents, as this is a neglected subject in the research to date.…”