Philip Webster, Richard Ford and Peter Riddell
Win VIP tickets
The Government will not be able to build its way out of the prison crisis, Jack Straw suggested yesterday. He indicated that the only way the pressure could be relieved was by sending fewer people to jail and using more noncustodial sentences.
In an interview with The Times, his first since becoming Justice Secretary and Lord Chancellor, Mr Straw called for a “national conversation” about the use of prison. He also spoke of the need to make community sentences more effective to build confidence and trust in noncustodial sentences.
Even if he could click his fingers “and magic an extra 10,000 places” they would still have to have the same debate about the use of prison, he said. His call came amid growing concern in the Prison Service that the recently implemented early-release scheme may not be enough to prevent another crisis of inmate numbers in the autumn.
During the interview Mr Straw sought to reassure the judiciary by emphasising that he was “wholly opposed” to giving MPs the power to approve the appointment of judges. He would consult about the suggestions for making judicial appointments more accountable to Parliament that were set out in last week’s Green Paper on constitutional reform.
Mr Straw said that there would be wide public involvement, including the use of citizens’ juries, about proposals for a bill of rights and responsibilities and a possible written constitution. He opposes a citizens’ convention or assembly to agree changes. The aim is to strengthen trust in Parliament and public engagement, especially young people’s confidence in the political process.
He ferociously attacked Conservative proposals to prevent Scottish and Welsh MPs from voting in the Commons on laws applicable only to England. Such a move would wreck Parliament and the Union, he said.
The prison population stood at 79,453 last Friday but rose by 150 over the weekend. One prison source told The Times: “We are worried about the continuing upward trend. If this continues there will be another crisis with the jails full in the late summer or early autumn.”
The new Justice Secretary is ready to announce that 500 prison spaces are to be provided in existing jails and plans are under way to build two jails at Maghull, on Merseyside, and Bel-marsh, in southeast London, with a further 9,500 places by 2012.
But Mr Straw signalled a renewed government focus on finding alternatives to prison as a means of stabilising a jail population that has doubled in the past 30 years. The early-release scheme, in which prisoners serving between four weeks and four years are released 18 days early, had reduced the jail population by 1,500 at any one time. “I can’t say whether it will be a permanent feature,” he said. Mr Straw added: “The crucial thing here is how we improve everyone’s trust in noncustodial sentences. I want to work not only with magistrates and judges but with others as well as the public . . . [protecting] above all the interests of victims and communities.”
He also backed greater use of fines, and said that an investigation was under way into why, when the enforcement of fines had increased, their use by the courts had fallen.
Asked about judicial appointments, Mr Straw said he was “wholly opposed to the politicisation of the appointment process, which has happened in the US”. The quality and standing of the judiciary in Britain was high compared with many Western countries and “preserving that above all is my priority”. He added that he had no intention of moving on the issue without the broad consent of the senior judiciary.
He also tried to placate judges over their fears that the splitting of the Home Office into two, creating his department, would harm the courts and the legal aid budget.
He pointed out that his oath of office as Lord Chancellor required him to “provide resources for the efficient and effective support of the courts”. He would consider their call for “ring-fencing” the budget but “it is cash that ultimately matters”.
His predecessor, Lord Falconer of Thoroton, QC, admitted that the Government would be unable to build its way out of prison overcrowding. He said that the only long-term option was for fewer criminals to be sent to jail and that expanding the prison estate was not a workable long-term option.
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
What Ford, Riddell, and Webster report in their story "We cannot just build our way out of prison crowding, says Straw", is a reflection of the debate we have in
Four years ago German prison officials visited our system and were shocked that California incarcerates more people than the whole of Germany. As of July 11, our Department of Corrections and Rehabilitation reports a populations of almost 173,000 inmates, just over twice the British population.
At present we are at over 180 percent capacity, and this agency needs to build more prisons. There is much controversy here about this, but one thing is clear, and suggests the main problem here.
Any form of incarceration amounts to a lifetime disqualification from society. We feel better about locking away offenders for as long as we can. Given the opportunity we'll put them away for life, regardless of what that means to the individual.
Gary D. Brune, PARADISE, United States, California 95969
After watching the BBC Panorama programme about the electronic tagging of an average of 60,000 convicted offenders per year in England and Wales I am glad the Scottish Government rejected this scheme. According to Panorama, this scheme costs taxpayers £500 millions per year! It also found that tagging still failed to prevent many thousands of hard core convicted offenders circumventing the tagging system to commit numerous crimes, including murder and robbery? The management of this system by two private companies was also found to be motivated by profit! Scottish Courts have traditionally handed down heavier sentences than elsewhere in the U.K. but despite this the Scottish Prison Service, which also has acute overcrowding problems, handles the situation differently. Unlike, England and Wales, Scotland has never reverted to a prison amnesty even when the prisons have been bursting at the seams!
Mr Lachie Todd, Edinburgh, Scotland, U.K.
""He ferociously attacked Conservative proposals to prevent Scottish and Welsh MPs from voting in the Commons on laws applicable only to England. Such a move would wreck Parliament and the Union, he said""
Bit cheeky that Jack - Labour are the ones that have created Welsh and Scottish Assemblies and brought about the destruction of the Union. You can't argue with the fact that Scottish and Welsh MPs shouldn't be able to vote on purely English Affairs - when those same Scottish and Welsh MPs can vote on identical issues in their own parliament!
Richard Garland, Greater Manchester, UK
A local politician here (Colorado, US), advocating for public transit, said that congestion was so bad "We cannot just pave our way out of this problem". This is the kind of rejoinder that leaves the victim so stunned by its stupidity that the user is able to make an escape before being called on it. He probably also thinks that long silences that follow some of his loonier offerings are a result of his audience being bowled over at the majesty of his intelligence.
The problem here was caused by 20 years of neglect of the highway system in the face of a rising population. Putting more criminals on the streets will certainly ease the overcrowding problem in the prisons, but what about the rest of you? Society needs roads and jail cells in proportion to the population. Be warned: If you build the prisons, the next pronouncement will be "Prison population grows in spite of diminished crime rates".
Bill Llewellin, Littleton, Colorado/USA
Can some one please explain to me why expanding the prison estate is not a workable long term option.
If criminals commit offences that are deemed worthy of custodial sentences, then should not our government ensure there are sufficient prison places available?
Jo, London,
Seems to me if inmates didn't live in such comfortable conditions we could fit it more into the prisons and have less chance of repeat offenders, due to a harsher environment.
Katy, Ayr, Scotland
I think that Mr Straw should come & live within the communites that will be the most affected by letting these 'people' out. There is no incentive for people not to offend anymore ,our country is in 'civilised anarchy' . My husband & myself both work full time,very hard for all the material things that we own & resent being burgled whilst i am at work or sleeping in my bed at night. Maybe if we made people work instead of claiming off us & smoking weed all day the country would be a better place to live,being decent,honest ,moralistist,responsible,law abiding & hard working gets you nothing but expensive insurance premiums & tax inflation.We lve in a country where adults are being victimised by children & nothing is done,ASBO's are a waste of time its just a badge of honour for those who have them.... when will MP's start to listen to the decent man & woman on the street,we keep the country afloat without getting back.I am proud to be British but i am not proud of Britain.
M sprake, Nottingham, Nottinghamshire
Surely the time has come to simply dispense with custodial sentences for lighter offences, such as robbery, theft, murder, terrorism, fraud, and the like, and reserve our prisons for the real criminals of our day, such as the motorist, the pensioner who cannot pay their council tax, and Tony Martin. This would also avoid the problem that the EU Human Rights Act makes it illegal to jail the former class anyway.
Alternatively we could vote BNP. If they really are Nazis -- which seems improbable -- then they will be good at locking people up. If not, then they will at least not come out with nonsense like this.
Roger Pearse, Ipswich,
As we appear to be importing most of our criminals (visit any magistrates court any day of the week) lets start deporting some instead of jailing them and their families to go with them also.
Perhaps some alarm bells will start ringing within these criminal communities.
How can you fine people who have no money? (supposedly)
Again if you attend a court session you will see that a means test form is filled out prior to sentencing and this is used by the Defense to reach decisions on payment of fines in discussion with magistrates.
These forms are not validated in any way.
You see offenders laughing as they leave the court smothered in gold and wearing designer clothes as they go to their cars secure in the knowledge that theirfines will not be paid even at tuppence a week.
Its only hard working citizens who fall foul of traffic offences that get hammered not your real criminals. The easy touches.
Dek Crossingham, Birmingham, England
Being sent to prison is supposed to be a punishment, a deterrent to others , security for the public and... to re-habilitate.
I would think that that is roughly the right order of prority as well. ie No 1 is punishment. Make prisons places which no one will enjoy. Make it somewhere potential criminals will fear, dread, hate. By doing that, sentences may well be able to be reduced - if reoffending is drastically reduced.
This is an obvious, commonsense approach, often quoted but never listened to by those in charge. Try it...if it doesn't work, think again! Either way it is cheaper than the system we have..eg we wouldn't need to compensate prisoners for being deprived of their dvd recorders for a few days.
Mid J., Guangzhou, China
Jack Straw is plain wrong and a fool for pretending that the provision of enough prison space is somehow too difficult to achieve. Soft sentencing has long been the reason for repeat offenders not changing their ways and there will be no improvement until we acknowledge the failed policy of community punishments. "National conversation"? What a limp-wristed and meaningless response from one of our longest serving and least effective ministers.
Alan Johnson, Alton,
Tail wagging the dog?
The criminal justice system should be responsible for deciding whether or not people should be detained 'at her majesties pleasure' (not a transient politician)
Nobody ever, has yet put forward a robust alternative solution to jail. Im suprised Jack Straw believes a 'national conversation' (what is that anyway?) will generate something new.
Surely the real issue here is the lack of 'capacity planning' by the home office? 3/4 years ago statistical trending should have shown that full capacity would be breached sometime soon in the future, and as such new jail capacity would be needed.
christian gale, London, Surrey
If this Government's obsession with league tables and targets could be set aside and Probation staff allowed greater face to face contact with offenders, rather than presently spending 80% of their working day sat in front of computers, then there would be a greater chance of success with Community sentences.
Like parenting children, changing people's behaviour starts with making relationships with them, not filling in computer software!
Send the most dangerous to prison and for heavens sake build more secure units and psychiatric units for those needing specialst help, rather than locking them up in a generic prison regime. No wonder the suicide rate is at its highest ever. People with depression and at risk to themselves need specialist help.
Philip Harknett, WIMBORNE, Dorset,
Jack Straw always was a bit of a wet politician, and his latest ramblings about community punishments and fewer criminals serving time is testament to the fact. The law provides that a burglar for example, can be sentenced to up to ten years. Burglars are repeat offenders, and just one can decimate a community, bringing misery and a heightened sense of insecurity in the lives of countless ordinary families. As a former police officer i can testify to the fact that all too often burglars are dealt with in the magistrates' court, where unpaid and often ill-informed magistrates opt for community punishments, or woefully lenient periods of incarceration A look at the prison figures will no doubt reveal both the reason for prison overcrowding, and high rates of reoffending. It is because prisons are full of offenders serving a few months, which offers no real deterrent, seeing them return time and again. I hope Brown's government has more spine than its Justice Secretary
will richards, Droitwich,
Prison should be used mainly for violent offenders. It is foolish to put in prison cases like fraudsters where they could be deprived of property etc in order to repay victims. It costs between £500 to £600 per week to keep someone inside. This does not take into account their families who inevitably end up being cared for by the state. Drug offenders can be treated outside if addicts and only pushers kept inside. So many crimes are committed to pay for habits. Why not decriminilise all drugs and sell them in Boots? At a stroke the profit margin would collapse and you would see a collapse of the crime empires. Unfortunately it is not possible in the UK to have an open debate on these matters.
catherine cohen, mijas malaga, spain
Labour is reaping the results of the society it has been busy building over the last decade. Having shirked its responsibility (like the society it has promoted), it is casting around for an easy exit route. There is none.
Society and the government has lacked one vital lesson in life: Success requires application. Perhaps the real reason our government is lowering the bar for educational achievement in our schools is because in the absence of competence within its own ranks, it is being forced to lower the bar of its own success.
Edwin Thornber, Bucharest,
Why bother detecting crime at all. We could devolve the system to vigilante organisations delivering arbitary justice at the point of contact using bicycle chains, pickaxe handles and, in extreme cases, lengths of rope. In this way we obviate the need for ruinously expensive police forces, criminal justice system and a largely useless prison service. God save the Mark!! When is our government going to address the problem of a drug fuelled self-centred crumbling society? We have had fifty years of do-gooders watering down prison sentences on the grounds that it should be for re-habilitation, not punishment. We need to get back to the situation where prison becomes a deterrent, and if that means building over half of Britain to provide prisons then that is what we should do. It would ease some of the pressure for new housing anyway.
Straw should remember that lukewarm sentencing encourages more career criminals.
Mike Poulsen, Reading, Berkshire
Shouldn't he count the growth in criminals before saying we should send less to prison?
jj, Cambs, UK
Just make it tough so they do not want to go there, they are like holiday camps.
Mike, Paphos, Cyprus
The West Lothian question must be addressed. It is futile for politicians to try to continually sweep it under the carpet. It will eventually lead to MPs being de selected, if they do not support the view that Welsh and Scottish parliamentarians should not vote on purely English matters.
Gordon Cooling, Wetherby, West Yorkshire
This is the reason we have over-crowded jails, because people know that they will only do a short time in jail. If you want to decrease the prison population make sure longer jail terms are handed out this will deter people turning to crime. Jack Straw, you are a fool an utter fool!
Ray Morgan, Liverpool, Merseyside
More violent offenders on the street = more violent offences on the street. Suddenly I feel a whole lot un-safer. Thank you Mr Straw.
Isn't it the Governments job to protect its citizens ? Or did I just make that up ?
RA, Lincoln, England, UK.
It is disgusting that Scotish MPs can vote on purely English matters. It is time the West Lothian question was addressed, all the Union will eventually fail.
Martin, London,
The Legal Profession should stop sending innocents to prison on the flimsiest of evidence in the first place.
The "we can get a conviction" statistic chasers are the root cause of prison over crowding.
Steve, Bournemouth, England
Surely we should only be considering custodial sentences for the over sixties who default on local council tax payments - there is no more hideous crime against society!
peterj, Aberdeen, Scotland
Of course greasy Jack would oppose any move to prevent Scottish and Welsh MP's voting on things
only English. If this happened labour would find it difficult to get things passed.The question I would ask
is why should these MP's be allowed to vote unless
they let English MP's vote on Scottish and Welsh
matters,can you see that happening?
Barry Holmes, Christchurch, New Zealand