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Cherie Booth will call today for a huge expansion of face-to-face justice, in which offenders meet their victims and apologise for their crimes.
The wife of the Prime Minister will give warning that sending people to jail does not alter their long-term attitudes and behaviour.
The jail system is facing an overcrowding crisis and courts in England and Wales are being put on standby to hold prisoners in cells overnight.
A set of emergency measures has been drawn up by the Home Office as the number of prisoners being sent to jail continues to rise. On Monday night 270 prisoners were held in police cells because there were not spaces in jails in those parts of the country.
The police will only provide 400 cells for the prison service.
The intervention of Ms Booth in the law-and-order debate is based on the ten years that she has spent sitting in courts as a recorder when she has had to sentence offenders.
She will say in the Radio 4 programme Lent Talk tonight that “restorative justice”, in which offenders meet their victims, should be used routinely for assault, robbery and stealing and where appropriate for domestic violence and sexual assault.
Ms Booth said that when she sentenced an offender she often wondered whether the person felt any remorse for the crime or the effect that it had on the victim.
“This impression has been reinforced when I have visited prisons and spoken to inmates. It seems that neither the court process nor the prison experience is helping them confront their behaviour or its consequences.
“It is clear that simply locking people up does not itself alter their long-term behaviour. In too many cases, it simply shelves the problem.”
The Home Office is piloting a series of restorative justice schemes in the community and in prisons.
Ms Booth insisted that these programmes did not “soft-pedal on sin” but focused on how offenders could make a fresh start in life.
Ms Booth’s support for face-to-face justice will be welcomed by penal reformers who have pressed for it to be adopted as an alternative to sending people to prison.
Officials have made contingency plans with the Department for Constitutional Affairs for prisoners to be held in cells under Crown courts in Central London, Manchester and Birmingham.
Prison governors and officers have been told that they face being drafted into the courts to look after offenders overnight.
The prisons crisis comes just seven weeks after John Reid, the Home Secretary, faced a similar emergency in which court cells had to be used. He brought the problems to the attention of the most senior judges in England and Wales.
The meeting prompted the Lord Chief Justice, Lord Phillips of Worth Matravers, to issue a statement reminding judges to use prison only as a last resort.
The numbers fell, but not by the amount that prison officials had expected, and in recent weeks they have risen steadily.
A Prison Service spokes-woman confirmed that the use of court cells is being planned as a contingency measure in order to ensure prisoner welfare and public safety should prison and police Safeguard accommodation be exhausted.
Court cells were last used in January, a move that angered Lord Falconer of Thoroton, QC, the Secretary of State for Constitutional Affairs, who has overall responsibility for the courts service.
Last night a statement from the Department for Constitutional Affairs said: “Use of court cells to hold prisoners overnight is only considered as a last resort. If a request to use court cells is made, it is granted only on the condition that the cells will not be used to keep a person at risk of self harm and that it is for the night only.”
Tough talk
What Tony Blair has had to say on sentencing:
“The courts should be tough on these people [who breach ASBOs] . . . For the majority of people who breach ASBOs, they are actually going inside”
“In the 1960s revolution . . . law and order policy still focused on the offender’s rights, protecting the innocent, understanding the social causes of their criminality. Today, people have had enough of this part of the 1960s consensus”
“Laws have made a difference, but they have not been clear or tough enough. We need to use the law to send strong signals.”
“The blunt reality is that, at least in the short and medium term, the measures proposed will mean an increase in prison places”
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Is this not yet another example of political correctness overpowering common sense?
Making an offender face their victim, is yet another example of "Forget what you think, this is what you should think, and this is what you will say." When are this government and the courts going to realise that education is the key to changing minds. Not the constant bullying of a deranged and immoral government.
Looking at some of the comments above, I can only conclude that most of you have joined the "authorities" in their pursuit of promoting hate and discrimination against the new and fashionable minority of offenders.
Just remember these are people, any one of them could be your partner your son, daughter, brother, uncle etc.
have we really learned nothing from the past?
Jim, Ashford, Kent
It's easy to deal with the problem - hang the serious offenders, then spend the money and facilities helping those that are in for lesser crimes to turn their lives around. Why lock a murderer up for "life" when they will never contribute anything back to society? Total waste of money, you might just as well go and bet on a one-legged horse at the races.
As for human rights - you should forfeit the ones you take away from others. Undoubtedly this will offend the chin strokers, but then, they don't seem to live in the real world...
Sam Nicholson, Basingstoke,
Many contributors have not understood the point about restorative justice. Firstly, there is no question of compelling a victim to face the offender. Secondly, RJ schemes are already in existence, and victims tend to regard them very favourably. Thirdly, preliminary results suggest that RJ reduces recidivism more effectively than other schemes. Fourthly, a lot of the purpose behind RJ schemes is to make things better for the victim - often the offender assumes huge proportions in their minds, but when they are actually faced across a room by a spotty kid they often go away thinking "how could I ever have been afraid of this pathetic figure?" Fifthly, it confronts offenders with the consequences of their actions, which traditional methods do not. It's no good ranting on about jailing offenders for life for spitting in the street. Society would collapse - 30% of men under 30 have a conviction.
R A Forde, Christchurch,
The problem with the judicial system in this country, is that there are too many inconsistencies and flaws. For example, life sentences for murder should mean that criminals spend the rest of their lives in prison, instead of being eligible for parole after 15 years.
Even for less serious crimes, such as burgulary and assault, by giving the criminals a mere 'slap on the wrist', it is not going to reassure the general public that they are now good honest citizens. The whole concept of prison is to put offenders behind bars so that they can reform and thus when they are freed, they can have a positive impact on the community that they live.
Saying sorry is not enough. Fundamentally, what I am saying is that drastic action needs to be taken in the courts, so that the families of victims are treated like 'first class' citizens and get the justice they fully deserve.
Charles Perrin, London, UK
I couldn't agree more with Cherie Booth that, "Jail does not alter their attitudes and behaviour." I just dont think that apologising is going to solve the problem.
I am afraid that this is just another sign of how our society has progressed. Taking the side of criminals is just not in my rule book.
As far as the crime hurting the victim and the criminal not knowing how it feels. I doubt the criminal cares either way otherwise the crime wouldn't had been commited in the first place.
Besides an apology Ms Booth, why not add a "Great Big Hug" too. I am sure everyone will feel much better.
Ron B, San Diego, California, USA
Your contributor, Uche George, I feel actually misses thepoint. Restorative Justice , as currently used, is not an alternative to punitive justice, but complementary to it. As an RJ practitioner of 8 years experience some of the meetings that I have facilitated have been held within the secure estate. The offender has had nothing to gain in terms of reduction in sentence However the realisation that their behaviour has been selfish, self-centred, perhaps motivated by greed, is a real gain for them. For the first time ever the crime they have commited is "personal" and not covered by "insurance". For the first time they have understood the impact oftheir offending on their victims. This is the thing that will keep them going straight because, unlike punitive CJ, RJ requires offenders to take responsibility . Cj expects only that they take the punishment. What I know about prison and the CJ system is that they are full of people who are repeat offenders - so clearly it isn't working
cxhristine Dale, Colchester, Essex
I am in agreement with the comments made by B.P.Russell. What we need is more prisons that are harder on the inmates, no fancy goods, basic accomodation. Maybe then they would think twice about commiting further crimes.
The inmates should be made to do work in the community like chain gangs in America.
This society that we live in has become to soft and the sentences given not HARD enough. Anyone who is given a custodial sentence should not expect a Holiday camp.
Gary Driver, Wickford, Essex
It would be lot nicer if they were 'banged up' for a long time. Prison is not for TV and reading, it is punishment to disuade future bad behavior. When they get out,if, then help them get jobs etc. There is sherrif in New Mexico who leeps prisoners in pink overalls, feeds them baloney sandwiches, the only TV is the Disney Channel. He also keeps them in tents. 'If it is good enough for our soldiers, it's good enough for my prisoners'.. The rate of recidivism is really low!!!!
Desmond Taylor, Houston, USA Texas
People calling for community sentences and restorative justice justice miss the point, The reoffending rates for those on community sentences versus those in prison is virtually the same , give or take 5%. Also prison is supposssed to be punitive as well as rehabilitative, what commnetators like theLord Chief Justice and Cherie Blair do is constantly is ignore the punitive fpurpose of prison , and the fact that the general public and their possessions are generaly sfarer while offenders are locked up. It's not that Cherie blair and the LCJ don't live in the real world . It's that they refuse to admit that people are responsible for their decisions and the consequences of their actions, , People don't re offend because the failure of a prison system, but because they are too angry, selfish, or greedy to want to stop.
Uche George , London , UK
As long as we have prisons like Altcourse in Fazakerly, imprisnment will remain a joke. By the way, the nick-name for Altcourse is The Fazakerly Hotel.
David Conlin, Liverpool, Merseyside
It is very rare that victims get a chance to tell a criminal what effect the crime has had on their life.
The court process ignores the pain and suffering that victims feel by trying to remove all emotion from the proceedings. Restorative justice is about letting the victim say how they've been affected - letting them rant and scream at the criminal, if they want.
It's nothing to do with punishment - you can be in favour of restorative justice *and* the death penalty. Until the victim gets to speak, our court process ignores the one certainty - the crime has hurt the victim and the criminal won't know how it feels.
R Corfield, London, UK
Of course offenders and victims should be given the opportunity to meet face to face, if both agree. Institutional responses, such as sending people to prison, otherwise have little value in terms of encouraging people to reflect on their actions and see the real-life consequences of their crimes. A thoughtful, empathic stance is surely something we should all strive for in a good society, and something we should facilitate in those whose actions imply that it has been lacking. It does not have to be an 'either/or' choice between custodial sentences and restorative justice; they can be used together with great value. Such meetings have been held with powerful results (for both perpetrators, victims and society more generally) in South Africa in the Truth and Reconciliation process following the crimes of the apartheid era (see the recent book "A Human Being Died That Night: Confronting Apartheid's Chief Killer"
by Pumla Gobodo-Madikizela, with a preface by Nelson Mandela).
Dr Celia Sadie, London,
If I had been assaulted, raped, or robbed, the last thing I would wish to do would be to meet the toerag responsible.
Unfortunately saying sorry won't take back the crime, and would be used as a ploy to get a lighter sentence.
Cherie Blair doesn't live in the real world. If she had to walk through a sink estate at night alone, or barricade her doors, and put wire grids over the windows to keep the yobs from gaining entrance, she might be singing from a different hymn sheet.
Jail sentences should be tougher, and longer to discourage re-offending. Education should be compulsory to under 21 year old prisoners. The rest of the time they should work for their keep. Put them out on chain gangs repairing our shoddy roads like they do in the USA. No TV. No Playstations. Nothing fancy. Just basic accommodation and basic food.
Sorry this isn't politically correct. I don't do PC. I do CS - Common Sense.
B.P.Russell, Windsor, England
Criminals often do not have a sense of right and wrong, and therefore "saying sorry" to order will have little effect. Even polititians, who I assume have sound core values, don't say sorry when they get it wrong. Leave apologies for the folks who really mean it.
Brian Lucas, Ventnor IOW, Uk
Is Tony Blair going to apologise along with George Bush for bringing an unbelievable amount of death and suffering to the poor people of Iraq. I think not.
Graham Wharton, St Albans,
Prison DOES work. It's when the offenders are let out of prison that things start to go wrong....
John Tomlinson, Brentwood, UK
It is time this government built more prisons to house criminals and that prisoners served proper sentences. The public needs to be protected and saying "sorry" is an absolutely ridiculous idea - but what more can we expect from Cherie Blair and any other person in this ludicrous government?
K Law, Leicester, UK
The idea of prison is to take people who are committing crimes out of society. Contrary to other posts, this means it works. Being out of society is their punishment, where they have plenty of time to reflect on their actions. These people are adults, they know what they did was wrong, they don't need a bunch of prison social workers to tell them this.
What they need is a proper deterrent that will make them think twice before they commit a crime.
There should however be compulsory education in all prisons to drag the education standard of the average prisoner up to a decent level. This should be instead of television and all the other current liberal 'rehabilitation' methods em[ployed.
David Thijm, Stourbridge, UK
These criminals are not children and should therefore be made to endure a punishment fit for purpose. Build more prisons, make sentences tougher and longer, bring in hard labour and ensure that the consequences far out weighs the crime.
Mr A Barnett, london,
How many would not have the courage to report a crime if they knew they would have to face the,often violent, offender later? Probably me for one. Coming from the Blair camp I am not surprised at the idea. It's crazy enough.
David Cage, Highworth, UK
Prison doesn`t work : You only have to look at the reoffending rate to prove that. I believe in restorative justice and non custodial sentences. They say sentencing should have 3 aims :- Retribution, deterrence and rehabilitation.
I believe these 3 aims are better served by non custodial sentences that teach and rehabilitate the offender. Sentences should teach and correct behaviour, right the wrong, not replicate it like prison is only doing at the moment.
Jo Sullivan, Liverpool, Merseyside