Simple Sentencing and Public Protection
09 Nov 2006
The Government wants to initiate a wide-ranging public discussion on the way forward on sentencing, as set out in its review of the criminal justice system published in July. Part of that discussion involves consulting on specific sentencing proposals which could result in future legislation.
Among the options put out for consultation today are:
- making sentences easier for the public to understand;
- giving judges more discretion to calculate and more clearly express how long dangerous offenders will spend in prison;
- making it possible for some prisoners who present a serious risk to the public, with fixed sentences to be held in prison beyond the automatic halfway release point;
- giving offender managers the power to deal with a breach of a community order without having to go back to a court; and
- reducing demands on probation resources so that probation officers can spend more time supervising more serious offenders.
In addition to today's proposals, the Sentencing Guidelines Council is undertaking a review of whether judges should have greater discretion in the discount they give to offenders who plead guilty, especially when they have been caught red-handed.
Home Secretary John Reid said:
"The measures we are putting forward today are designed to ensure the public are better protected from dangerous offenders and that resources are targeted at those offenders who pose the most significant risks.
"It is vital the public, and especially victims, have confidence in sentences, and understand that dangerous, sexual and violent offenders won't be walking the streets in a couple years. We need to find ways to increase public understanding of how sentences are calculated and the consequences for the offender.
"Courts should be rigorous in applying their powers to protect society against dangerous and violent criminals. That is why we need to strengthen judges' hands so they have greater discretion to impose even tougher sentences on offenders they believe pose a very serious risk.
"This Government has come a long way in reforming the criminal justice system. In July, we published our review which set out the changes the Government believes are necessary to ensure the protection of the public and rebalance the system in favour of the law-abiding majority and the victim. We said we would initiate a wider discussion on a range of sentencing and related issues. This consultation is part of that wider debate."
Secretary of State for Constitutional Affairs and Lord Chancellor Lord Falconer said:
"This consultation is a useful step. Sentences in which the public have confidence are vital. Public protection must be at their heart. The system needs to be flexible enough to deal properly with each individual case. We need to learn the lessons of the summer. This consultation seeks to do so."
Attorney General Lord Goldsmith QC said:
"The proposals we are publishing today for consultation will strengthen judges' hands in dealing with dangerous offenders, will help to improve the public's understanding of sentencing and will help the public to feel confident that offenders will not be released from prison until it is safe for them to be released."