Frances Gibb and Richard Ford
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Thousands of criminals could have their jail terms cut after one of Britain’s most senior judges said that courts were justified in giving lower sentences where prisoners faced overcrowded jails.
Sir Igor Judge, who is the first Head of Criminal Justice, believes that judges should reduce the “punitive” element of a sentence if prisoners are going to be locked up in “dreadful conditions”.
Judges, he believes, are justified in cutting jail terms if two prisoners would be confined to a cell designed for one or if they were denied exercise facilities. That, in his view, is the “correct approach to sentencing arising from prison overcrowding”.
His comments come as the prison population reaches record levels. On Friday it was 81,474, including 339 in police cells. In 2006-07 nearly 18,000 prisoners were serving their sentences doubled up in cells designed for one.
The views of such a senior judge will not be ignored by the Sentencing Guideline Council because he is its deputy chairman. One senior legal expert told The Times that the comments could now lead to new guidelines being issued.
If taken to heart by judges, the new approach will help to ease the crisis of prison overcrowding by cutting the jail terms of thousands of offenders. But ministers would be acutely embarrassed by offenders receiving lesser sentences just because of poor prison conditions.
Nick Herbert, the Shadow Justice Secretary, said last night: “Sentencing should fit the crime, not the prison capacity. It is quite wrong that the Government’s failure to plan for sufficient prison space is resulting in judicial discretion being fettered. This makes another mockery of Gordon Brown’s promise to want to punish criminals.”
Sir Igor, also President of the Queen’s Bench Division for England and Wales, told a meeting of the Prisoners’ Education Trust: “I have believed for some time that you have to take into acount, in the punitive element of the sentence, that in conditions that are wildly overcrowded, you may be serving your sentence in dreadful conditions, locked up with one or two other people or forced into a sitution where there is no exercise.”
Because the punitive element of the sentence was therefore that much harsher, he said judges were “perfectly justified in saying: if you are going in for nine months, it can be reduced”.
The move would not mean dangerous or violent prisoners being let out while still posing a risk to the public. Although the “punitive” part of their jail term might be shorter — the mininum time to be served for “retribution and deterrence” — they would still be kept inside until judged safe for release.
His comments became public as the Government indicated yesterday that because of jail overcrowding it could recommend that offenders who would normally be given short custodial terms would go to prison only if there was sufficient space.
David Hanson, the Prisons Minister, told the cross-party Justice Unions Parliamentary Group that he was “actively considering” the plan.
However, in his lecture last week Sir Igor said he believed that it was unacceptable for judges to avoid custody altogether simply because there was no room. “That will bring the whole system into disrepute,” he said.
A series of Court of Appeal rulings has made clear that judges can take account of resources in the prison system when deciding a sentence in cases where they have a choice of penalty and custody is not needed for the protection of the public.
But there has been a furore whenever ministers themselves have stepped in and commented on the need for judges to take account of prison spaces. In January 2005 Charles Clarke, then Home Secretary, proposed but later abandoned the idea that jail sentences be linked to whether there were enough prison places — the first time in British history the suggestion had been made by a minister.
He had planned that the Sentencing Guidelines Council (SGC), a panel of judges, lawyers and academics set up to gain more public input on sentencing policy, would consider the cost of different sentencing and effectiveness in preventing repeat offences.
That was followed in January this year when ministers drew the attention of the National Criminal Justice Board to the pressures on prison places, and the Lord Chief Justice, Lord Phillips of Worth Matravers, told judges and magistrates that there was “tried and tested” authority to take acount of overcrowding when considering penalties.
An angry reaction followed from some judges, who said that ministers were interfering with sentencing and Lord Phillips, who is chairman of the SCG, was forced to issue a second statement explaining that ministers were not telling judges what to do.
A Ministry of Justice spokeswoman insisted that measures were in hand to increase jail capacity.
“We will always make sure there are prison places for those serious and dangerous offenders who ought to be in prison, and that courts have tough community sentences at their disposal to deal with less serious, non violent offenders,” she said. “The National Offender Management Service is building more capacity in the prison estate as part of the response to population pressures and continues to investigate options for providing further increases in capacity.”
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So many opinions.....ALL of which are valid points.
The state of this particular mess encompasses so many components of "British society", all of which are wrapped up in legal knots & covered with a sticky tar of political correctness.
As fantastic a platform this is for venting ones frustrations with both the people in charge who spend millions on "ventures & well being depts" & towards the members of society that feed off being in trouble, it doesn't help in reality.
I have met two former Prime ministers & many ministers (I was the guy that handed them drinks, that they looked right thru), I have worked in Gov run "business" as they now worryingly refer to themselves, but have never voted or been moved to.
Utterly disillusioned with "politics, ALL parties & the law" (I could find you 300 names in the next hour who feel the same), what is the next step I ask?
If what the UK needs is an argumentitive, tenacious, do-gooder, who's used to fighting for the underdog, I'll stand.
Jack, All, UK
The problem with shortening sentences is that there is not sufficient time to do effective rehabilitation or work on drugs problems. The remedy therefore far from addressing overcrowding is likely to increase the reoffending rate and paradoxically could worsen the problem the Judge wishes to solve.
John Barnes, Etchingham, UK
Obviously the Judge in his privileged world has never ever been the victim of crime. Get a grip on reality and punish these who offend. I served in the military for 24 years and our conditions were often far worse than prison overcrowding. This country is being run by a lot of do gooders who do not understand reality. It is time for them to wake up and get this sorted. If there are more offenders, build more prisons.
Jim Paterson, Wokingham, Berkshire
Would Sir Igor Judge and his pompous colleagues feel the same way when imprisoning someone for 'contempt of court'? Me thinks not.
There is nothing judges hate more than someone who defies the court.
Drunk-driving? Drugs? Shoplifting? GBH? "Sorry, the jails are too full".
Contempt of court? "Put him inside for one year".
The whole system is a laughing-stock.
Will Benson, Lincoln, UK
How about the people who are on remand with no previous convictions being allowed to be on conditional bail till the trial? This would free a lot of spaces for convicted prisoners. Being locked up for 23 hours a day when you have not been proved guilty of any crime must surely be wrong? Are these people innocent till proven guilty?
Julie Watts, Hastings,
I now live in Canada,have been in jail with 2 people per cell, tough.
YOU DO THE CRIME YO DO THE TIME.
We have the same problem with the system, it's like a revolving door to these offender's.
As for excersise that was a walk up and down the teir.
It's a holiday in jail for most.
bob macdonald, VICTORIA, CANADA
Lets all have a free for ALL ! you can basicly do what you want with no punishment.
Bill Ewing, Dundee, UK
Prison should not be an easy ride for offenders. We probably all agree with that . Building more prisons is not the answer. The whole justice system needs scrapping and starting again. The laws in this country have become farcical and political correctness has gone far too far. . We need to stop putting people with mental health problems behind bars and hospitalise them instead. We also need to free the hundreds if not thousands of innocent men and women currently in our prison system serving time for crimes they did not commit. No these things won't solve the whole problem but it would get it off to a good start.
Jo, Worcestershire, UK
Start looking at WHY we have so many criminals in jail . Maybe it is immigrants, maybe it is out of control youths ?.
Stuart King, Milton Keynes, Bucks
Prisoners already benefit from early release, often before half of thier sentence has been served. This government has introduced somewhere in the region of 2500 new offences since coming into office so they should not be surprised if the prison population has grown, where is the pre-planning?
Perhaps the learned Judge is , on this occasion, losing sight of the fact that incarceration is both a punishment and an attempt to protect the public.
John Morgan, Wakefield, West Yorks
Why do we care if they have to share cells or not get excercise. If its that little bit more miserable then they'll be less likely to do it again and it will act as an even bigger detterant.
gary horlock, crawley,
Perhaps we should be building more psychiatric hospitals specialising in treating the insanity of many of our judges. Their treatment should include having to accept and remember that the punishment - note: PUNISHMENT, should fit the crime, thereby helping to provide a deterrent for other would be criminals.
Brown - build more prisons - protect the public.
John, Bexhill on Sea, UK
It is not Sir Igor Judge place to say whether prisons are over crowded that is for government to sort out, his job is to pass sentence to fit the crime and if he can't do that then he should resign.
Sam, Mossley, UK
More prisons not shorter sentences and prisons that provide just the basic needs for they time spent there. Any perks should be earned. It's a punishment not a holiday.
Kate, Newcastle, England
Can we at least have some consistency here? If available capacity is to determine sentencing, can we apply the same principle to other areas? Let's start by capping flights to what can be handled by existing airports and, topically, limit population growth through immigration to reduce or contain the congestion on our roads and railways. Or, if the government isn't prepared to "predict and provide" for prisons, why not decriminalise a whole raft of offences? Such as theft, mugging and all but the most heinous crimes. After all, this would not be radically different from Labour's gerrymandering of education results to pretend that standards have benefited from all the taxpayers' money thrown at the system.
Alan, London,
Perhaps Sir Igor and all his sympathisers would put their money where their mouths are and offer to convert some of their rooms into cells to help deal with the overcrowding. A small stipend would make it worth their while.
Bill Q, Derby,
There is the easy way and the hard way.
The easy way is to deter bad behaviour. The hard way is to live in a society where bad behaviour pays so a lot more people behave badly...and the prisons are even more overcrowded.
Brian Gilbert, HAMPTON, Middx
Now I know that Britian has gone completely mad when a judge talks about 'dreadful conditions' in jails - surely the whole point of a jail term is that the experience should be so dreadful that the offender will never offend again. But no, the lily livered softies who run the country in their infinite wisdom have decreed that prisoners should have 5 star treatment and the opportunity to become fit, educated and addicted to every drug under the sun.
Carole, Gramat, France
Wrong, wrong, wrong. If gaols are full, we must build more, not stop putting wrongdoers in them.
PaulK, Thornton Cleveleys, UK
Absolutely no cuts in sentencing, there has to be an appropriate consequence to crime, we must build more prisons in the first instance, reduce school classrooms to 15 to create futures in the second. the second will clear the prisons eventually.
Terry , Leicester, leicestershire
âThat will bring the whole system into disrepute,â
The system is already in dispute because judges like him are too lenient and regard criminals as having more rights than victims. The worse the conditions in prison the less likely the repeat offender will want to return and might actually start thinking prison is a bad place to be and not just a government run hotel.
David Thijm, Storubridge, UK
Jails overflowing: Isn't this a symptom of a failed state? Perhaps if incarceration were decided based on the potential threat the felon poses to society, less people would be locked up for not paying their TV licence and other victimless crimes.
Andrew Milner, Yokohama, Japan