Prisons are the key
New report supports limited early release
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.
I very much agree with both Tim Devas and Joshua. That should surprise neither of them.
But, but: I do view the proposals as a whole as the veritable curate’s egg.
I am absolutely for all of them up to the bullet points and the need for speed over implementing constructive measures is in my view beyond question. I am encouraged by Sue Gray having included prisons in her shortish “shopping list” of risk factors and this should present a rather special opportunity with - as I dare to assume- a Labour government with a respectable (or greater) majority and the prospect of them working with, in particular , the LibDems and other parties with a scintilla of liberal thought in their waters.
I recall a time when I worked with an all agency group on bail information where much good work was done only for austerity to bite and for that non-statutory duty for the Probation Service to be an early casualty. And so what then happened was that the government (it matters not which for these purposes - there is a shared guilt) had to as it saw it outsource a much more limited, less effective and much more expensive private entity for that purpose with no continuing remit over securing accommodation after release.
To my mind that is no mere digression but a true example of the myopic and short term approach exhibited drearily often.
As to District Judges and retired judges being deployed as described I say “yes” to the latter and “yes, but” to the former. Are District Judges to be no longer- very broadly speaking- primus inter pares with Magistrates over jurisdictional and sentencing powers? I know that to a limited extent that is already the position but do we not need to pause to think about that?
As to the bullet points, I say decidedly “yes” to numbers 1, 3 and 4 but as to 2 I always worry about the perverse pressure brought to bear on defendants to plead “Guilty” inappropriately and, surely by now, we have moved on from the fatuous assertion that no one who was (factually or on a “technicality”) would plead “Guilty” ? Do please tell me we have!
I very much worry also when I see Labour’s focus on “tougher” penalties, as though there had been no care in the world about an overflowing prison population that is a national disgrace. Do please all grow up. I honestly believe that the public at large would be receptive overall to a skilful explanation about how prison does NOT work and how the nation’s and their families’ security can be better secured through the management of all non- violent crime in the community.
I have anguished over all of these issues throughout forty seven torrid years as a solicitor/ advocate (Magistrates and Crown Court) and so I show no temerity as I see it in entering into these exchanges.
I was peripherally involved in a committee set up by the Michael Sieff Foundation to attempt to implement the Lord Carlile Report on the Operation and Effectiveness of the Youth Court when Phil Bowen was a vital contributor and driver. He is exceptionally capable and one can only hope that the new government takes heed of this report. The case for giving District Judges in the Magistrates’ courts (formerly known as Stipendiary Magistrates) greater sentencing powers has been rehearsed many times. It is such a blindingly obvious way of reducing the number of cases sent to the Crown Court and the huge backlog that causes. District Judges now regularly sit in the Crown Court to help ease the load, so why not let them do that in the court of summary justice?
As for prisons, Joshua is already well aware of my views on the current disastrous situation. Short sentences are of little or no benefit and the statistics have always shown that prisoners who receive such sentences are very likely to reoffend within a year of release. The shortness of sentence means that there is no chance of prisoners getting any rehabilitative benefit and for those sentenced to custody for the first time, the short sentence can have disastrous consequences such as loss of housing, job, family connections etc.