A sentencing review commissioned by Justice Secretary Shabana Mahmood proposes several soft-justice measures with the aim of reducing the prison population.
Release violent prisoners earlier
Killers and rapists will be freed earlier, under proposals already adopted ‘in principle’ by Labour.
Under the recommendations of the review, individuals convicted of serious violence or sex crimes could be eligible for release after serving just half of their prison sentence rather than the current three-quarters mark.
This new automatic release date would be applicable to offenders sentenced to more than four years, which includes those found guilty of offenses such as rape, manslaughter, soliciting murder, attempted murder, and causing grievous bodily harm with intent. However, only inmates who exhibit good behavior during their time behind bars would qualify for this reduced sentence.
The review made a separate recommendation which would have offered similar early release dates to the worst violent and sexual offenders, who are deemed ‘dangerous’ by the courts and handed a so-called ‘extended determinate sentence’. But it is understood ministers are set to reject this.
Killers and rapists will be freed earlier, under proposals already adopted ‘in principle’ by Labour. Pictured: File photo
Less serious offenders released even earlier
The review said most offenders should be released after serving just one third of their sentence if they demonstrate good behaviour. Under an early-release scheme introduced by Ms Mahmood in the autumn, most criminals are let out after serving 40 per cent of their sentence. But the review proposed an even steeper reduction.
Releasing all categories of offenders early would save 4,100 prison places by 2028, it said.
Review jail terms for murderers
Although murder was outside the scope of the review, it said there should be further work to look at whether current punishments are appropriate. The Law Commission should ‘look at the minimum tariffs custodial sentence lengths for sentencing for murder’. The review appeared to suggest that murder sentences would have to be lowered to bring them into line with its other recommendations.
Maximum and minimum sentences
In further recommendations that would lead to shorter jail terms, the review said maximum penalties for a range of offences – including serious drug crimes – should be reviewed.
It said they were leading to ‘unintended consequences’ and appeared to suggest ten years should normally be a ceiling for such crimes. Officials said the sentences were ‘out of kilter’ with other punishments.
Minimum sentences currently set out in the law for offences such as gun crimes and persistent burgling should also be looked at again, the review added, because they contribute to ‘sentence inflation’.
The sentencing review commissioned by Justice Secretary Shabana Mahmood (pictured) contains a raft of soft-justice measures designed to cut the number of criminals in our prisons
‘Chemical castration’ for sex offenders
In an attempt to divert attention from the controversial findings, Labour claimed it would look at introducing a compulsory ‘chemical castration’ scheme for sex offenders. A voluntary pilot scheme already offers sex offenders drugs, such as hormone supplements, to suppress libido, but Ms Mahmood told MPs: ‘I am exploring whether mandating the approach is possible.’
However, psychiatrists immediately rejected the idea.
Don Grubin, emeritus professor of forensic psychiatry at Newcastle University, told BBC Radio Four’s World at One: ‘If you’re talking about mandatory prescribing, there’d be a lot of resistance from doctors because you’d be asking them to prescribe not to patients but to reduce risk for society.
‘So they become, in fact, agents of social control, which is something that we’ve always resisted.’
Use of chemical castration was discussed in the sentencing review, but not as a compulsory scheme. It said officials should draw up an ‘evidence base’ on the effectiveness of the treatment, and roll it out more widely on a voluntary basis.
Scrap sentences of less than 12 months
In one of its most wide-ranging recommendations, the report said jail sentences of less than 12 months should be imposed only in ‘exceptional circumstances’.
It means a large proportion of burglars and shoplifters, for example – who currently receive jail terms of a few months – will no longer end up behind bars. This would free up 2,000 prison places at any one time.
The review also made a series of recommendations which it claimed would make community sentences a ‘robust alternative to custody’. For example, courts should be able to ban criminals from driving even if their offence is not motoring-related, and there should be much wider use of electronic tagging.
In an attempt to divert attention from the controversial findings, Labour claimed it would look at introducing a compulsory ‘chemical castration’ scheme for sex offenders. Pictured: File photo
Send more criminals to open jails
Many prisoners – even those serving a long stretch – should be allowed to serve a greater portion of their sentence in an open jail, the review said.
‘Category D’ prisons – which have much lower security and are often dubbed ‘holiday camps’ – are much cheaper to run, at an average £42,000 a year per place compared with £58,000 for a secure jail. The review called for ‘greater use of the open estate for suitable offenders on longer sentences who could be safely managed in open conditions for a larger portion of their sentence’.
Increase use of suspended sentences
Currently, offenders who would normally be sent to jail can be let off with a suspended sentence. If they abide by licence conditions in the community, they will not end up behind bars.
The review said suspended sentences provided criminals ‘with an opportunity to desist from crime’. The maximum length should be increased from two years to three, making it more likely that judges will hand them down, the report said. This proposal would save an estimated 1,300 prison places.
Don’t recall as many prisoners to jail
Fewer ex-prisoners should be recalled to jail for breaching the terms of their release, it recommended. The criteria for recall to jail should be tightened, so it takes place only when there is ‘specific and imminent risk’ or there is ‘consistent non-compliance with licence conditions’ by the offender. There should also be a fixed recall period of 56 days for most offenders. This move would create 2,300 spaces in the jails, the report said.
Deport more foreign criminals
Foreign offenders should be deported immediately if they receive sentences of less than three years, the review said.
Those handed more than three years should be deported after serving 30 per cent of their sentence, rather than the current 50 per cent, it added. Combined with the effects of the existing early-release scheme it means they would serve just 12 per cent of their sentence. There are currently 10,800 foreign nationals in jail in England and Wales.
