The incoming justice secretary must take emergency measures to stave off the acute crises facing the criminal justice system, according to a campaigning organisation that promotes evidence-based, innovative justice policy reforms.
In a report published this morning, the Centre for Justice Innovation argues that most prisoners sentenced to four years or less should be released after serving 40% of their sentences instead of 50% as at present. It also calls for longer-term reforms that would increase the number of cases tried by district judges rather than by juries.
“Our view is that the emergency measures outlined in this report need to be done very early into a new government and done openly and honestly,” the charity says. “We urge whoever forms the next government to take the opportunity presented by a new parliament to deliver the fundamental systems shift we need.”
The report notes that an undisclosed number of prisoners have already been released up to 70 days early under what’s called the end of custody supervised licence scheme. That scheme, which is difficult to administer, might not be needed if the centre’s early-release proposals were accepted.
But today’s report acknowledges that this would mean people imprisoned for shoplifting, drug offences and burglary being released sooner than they would otherwise have been:
It means releasing some people who would have served 24 months in prison after only 19 months, some who would have served 12 months serving only 10. It means the victims of the crimes those people have committed will receive less by way of retributive punishment.
But we see no alternative. The system is already unable to deliver what it says it will through the various early release schemes. The system is already letting down victims and our communities by not properly addressing the root causes of people’s offending. And we are letting down prisoners who, with the right support, could go on to lead productive lives but who are failed by a system that is unsafe, violent and unstable.
Other measures to reduce the prison population could include:
Reinstating legislation abandoned by the Conservatives under which sentences of 12 months or less would normally be suspended. It could apply initially only to very short sentences.
Reducing the number of defendants remanded in custody to await trial. More radically, those who have spent longer on remand than they could expect to serve if convicted would be offered immediate and unconditional release in return for a guilty plea.
Reducing the period prisoners must serve for breach of their licence conditions.
Resentencing all those still serving sentences of imprisonment for public protection.
Once prison capacity has been increased, it would be possible to reduce backlogs in the Crown Court. One option would be to bring in district judges (who currently sit in the magistrates’ courts) and make more use of part-time recorders and retired circuit judges. They would offer a sentencing discount of 25% if the defendant accepted an expedited non-jury trial. This could reduce the current workload of the Crown Court by about one-fifth.
Phil Bowen, director of the Centre for Justice Innovation and the report’s author, said:
Whoever enters the Ministry of Justice as the new lord chancellor on 5 July will be faced with a set of challenges more daunting than any witnessed in a generation. Urgent and immediate action will be needed to stave off imminent crisis in our prisons.
If that can be achieved, the task ahead is to commit to serious and sustainable reform over the next Parliament and beyond.
Lord Falconer of Thoroton, patron of the centre and a former Labour lord chancellor, said:
This new report demonstrates the acute and interlinked crises facing the criminal justice system. The report warrants serious study and consideration by whoever forms the next government.
Comment
Shortly before the election was called last month, I argued that reducing the prison population was the key to mending the broken criminal justice system. I shall have more to say on this later this week.
Many thanks, Gayle Frances Larkin. When I read and participate in these exchanges, declaring your anguish over such a topic can seem a much less lonely place to be.
As a complete outsider on this issue, I rarely comment but I read the content with interest.
This time, there is one issue that I cannot pass by.
Of all of these options, surely dealing with the appalling miscarriage of justice that is the "imprisonment for public protection" sentence has to be the highest priority.
But also restoring the right to peaceful protest without penalty has to be on that list. This government has tried to demolish many democratic rights enjoyed by the population for centuries, and often the courts have rejected their attempts. Formalising that would clear at least some space in the system?