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Barristers call for radical rethink on ‘tough’ sentencing

Breaking NewsBarristers call for radical rethink on ‘tough’ sentencing

Successive governments’ “tough on crime” pledges will not be met through longer prison sentences, the Bar Council argues in a new submission to the sentencing review.

In response to the Gauke review’s call for evidence, the Bar Council’s submission – written by a working group of criminal barristers – points to the fact that while sentences have been getting longer, the latest data from the ONS shows an increase in almost every area of crime.

The Bar Council argues that the public and media outcry against perceived short sentences over the years has led to a narrative that successive governments are “soft on crime”. Whether this is true or not, no government wishes to be tarred with that brush and sentence lengths have consequently increased.

For example, there have been increases to the maximum penalties for various sexual offences with those convicted serving longer than ever before. Yet the prevalence of sexual offences in society has not changed significantly in the last two decades.

The prison population continues to increase suggesting prison is not having a deterrent effect on those intent on committing crime, the Bar argues. According to Ministry of Justice figures, despite only making up a tenth of all offenders, prolific offenders were responsible for nearly half (10.5m) of all sentencings before the courts in 2020-21.

Greater consideration should be given to who is sent to prison. With the prison population now double what it was in 1984, the Bar Council urges the government to consider reserving prison for those who have committed violent offences – those whom society needs protection from.

The Bar Council recommends increasing the maximum length of sentence that can be suspended from to two years to three – this would free up prison spaces for violent offenders.

However, the Bar stresses that reforms to sentencing must be coupled with better transparency. Sentencing has become increasingly complex and the public’s lack of understanding over prison sentencing – including its purpose and time spent in custody – is leading to mistrust and misinformation. The Bar Council calls for the simplification of the immediate custodial sentence process.

Chair of the Bar Barbara Mills KC said: “The status quo is not working. Solving a crisis requires radical thinking and this is what we are putting forward. Initial resources and investment are needed, but in the long term, the alternatives we have proposed to custody will save money on costly prison places. As with the rest of the justice system, we must spend to save. Sentencing reform must go hand in hand with greater transparency. A long prison sentence is often the easy answer, but it is not always the right long-term solution for the offender nor society. Ultimately, we need a sentencing regime that leads to a reduction in crime and an increase in public confidence and safety.”

  Michelle Heeley KC, a criminal silk who led the working group, said: “The working group welcomed this opportunity to consider all aspects of sentencing. Over the past couple of decades prison terms have increased, as have crime rates, this suggests prison is not having the desired effect and thus courts need to think more creatively, focussing on creating packages of sentences, and requirements that both address the root cause for offending behaviour, and aim to reduce reoffending rates in future.”

The Bar Council focuses on sentencing for rehabilitation, rather than simple punishment and its recommendations seek to address the root cause of offending behaviour.

Among the Bar Council’s recommendations are:

 A ‘part-time prison’ to house low risk offenders inspired by the Swedish model. The prison would serve as accommodation but during the day, prisoners would be able to leave to attend education, employment or an activity/function under the guidance of an offender manager. At the end of the working day, they undertake tasks and chores of maintaining the prison.

  • A greater use of 20-hour curfews as a direct alternative to custody would have a variety of benefits, including saving the cost of a prison place. An alternative suggestion is weekend curfews (which permit a Monday to Friday job but prevent socialising).
  • Electronic tagging should be used more in conjunction with alcohol monitoring (which is typically only used by judges treating those with an alcohol problem). Alcohol monitoring should be used more as a punishment, particularly where an offender has been under the influence of drink while committing an offence
  • Make behaviour orders available in every case.
  • More investment in Halfway Houses to promote reintegration and support offenders at their most vulnerable time.

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