Well, it hasn't taken long for a new PM that knows nothing about criminal justice to decide the best way to proceed is to let the media, victims and public petitions decide policy rather than Parliament:-
Prime Minister blocks hundreds more criminals from sentencing changesUnlawful killing and historic child sex offences will be blocked from upcoming changes to prison sentences after the Prime Minister ordered more serious offenders to be kept behind bars for longer.
- Prime Minister blocks manslaughter, death by drunk or dangerous driving and historic child sex offences from sentencing changes
- Builds on action to keep those in prison for rape, child sex or grooming offences behind bars
- Victims of domestic violence will be better protected from perpetrators, with record numbers of offenders set to leave prison tagged and the new restriction zones put in place, some as little as a few miles wide, for some sexual and violent offenders
- The government will deport thousands of foreign criminals and bring the injustice of IPP sentences to an end during this Parliament
The Prime Minister’s intervention will mean offenders in prison for killing an emergency worker in the line of duty will not be released any earlier. Historic grooming offences, all forms of manslaughter, death by dangerous driving and causing or allowing the death of a child will also be barred from the changes to the prison sentences.
This builds on the action already taken by the Prime Minister and Lord Chancellor to stop anyone in prison for rape, serious child sexual offences and grooming from being released earlier. Murderers or anyone deemed the most dangerous by a court and handed a life or extended sentence were already blocked from seeing any reduction to their sentence and will stay locked up until they go before a Parole Board.
As a result of these changes today, hundreds more victims will no longer face the anxiety of seeing their offender coming out sooner than they were expecting.
Since coming into office, the Prime Minister and Lord Chancellor have made significant changes to the plans they inherited. They want to go even further, but cannot do so without risking the entire justice system collapsing. This would mean the police would be unable to make arrests, the courts would stop sending criminals to jail and criminals would be left unchecked on our streets.
Prime Minister Andy Burnham said:
I know how strongly people feel about this issue. I understand the concern and anger because I share it. That’s why I took action during my first weeks as Prime Minister to block some of the very worst in society being released before they should. We moved quickly to block vile criminals who commit rape, sexually abuse children and groom vulnerable young people.The Prime Minister has also announced that he will end the injustice of Imprisonment for Public Protection sentences this Parliament, meaning people will no longer be trapped indefinitely under a sentence abolished more than a decade ago.
But I always said I wanted to do more. We will now not only be keeping offenders serving time for indecent assault locked up, but also those in prison for manslaughter and death by dangerous driving. This means that the awful criminals responsible for the killing of PC Andrew Harper will not have their sentence shortened.
The truth is I wanted to go even further. But I’ve pushed the system to the very limits of what’s possible without risking the prison system collapsing within months, putting the public at enormous risk. To protect victims, we will be introducing the toughest ever supervision measures for offenders, which effectively mean that someone’s sentence will not end when they leave prison. This includes tagging offenders and, for the very first time ever, putting restriction zones in place to stop offenders getting anywhere near their victims.
This decision recognises how deeply unjust it is that some offenders who have been locked up for nearly twenty years remain in prison, despite serving their sentence many times over, whereas many serious criminals convicted in recent years could have their jail time cut. While work on this will begin immediately, and on a cross-party basis, it will take time to get this right and balance fairness with public safety.
This is just one part of the government’s plan for a fairer justice system, looking at how some people can be punished more effectively outside prison – freeing up cells for those who pose the greatest risk to the public.
This will include considering how to safely reduce the number of and young offenders and women in custody, in particular those who are pregnant or have young children.
Powers will also be implemented early next year to deport some foreign criminals immediately after sentencing, blocking them from ever returning to the country, while keeping those in prison for the most serious crimes locked up for a substantial period before they are removed.
Justice Secretary Alex Norris said:
The Prime Minister and I have rightly looked again at these reforms and we are clear that people responsible for taking a life, or for appalling crimes against children, should be kept behind bars for longer.The Prime Minister and Lord Chancellor have also insisted that victims must remain at the centre of the justice system, with survivors of domestic abuse seeing offenders put under some of the toughest restrictions to date.
But protecting the public also means fixing the prison system for good. We will build the cells we need, put offenders under much tougher controls when they leave prison and end the historic injustice of IPP sentences.
This is a government running towards problems and not shying away from the tough decisions needed to build a justice system that is firm, fair and protects the public.
This includes a presumption that all prison leavers will be tagged and imposing possible bans on pubs and public events.
Perpetrators could also be confined to a specific area – some just a few miles wide – giving victims greater freedom to live their lives. In a world first, new ‘restriction zones’, which have been directly shaped by the experiences and campaigning of victims, will limit the movement of some sexual and violent offenders, with victims having a say in how zones are drawn up.
Victims advocates Hetti Barkworth-Nanton CBE, chair of Refuge, Frank Mullane MBE, CEO of Advocacy After Fatal Domestic Abuse, and Jo Early, chief executive of Support after Murder and Manslaughter, said:
We welcome the Prime Minister’s decision to exclude all manslaughter cases from the early release scheme.The government inherited a prison system on the brink of collapse with fewer than 100 spaces left in the summer of 2024.
The original sentence lengths for these offences were, in part, intended to protect the public. The problem of prison capacity does not alter that underlying need for public protection. Therefore, making manslaughter offenders eligible for early release would risk undermining a key purpose of their sentences and could represent a significant compromise to public protection. This also re-assures families bereaved by homicide that they are not being asked to trade justice so prison overcrowding can be resolved.
A lack of investment in the prison estate with just 500 net places added for over a decade has led to a situation where adult male prisons are now at 98% capacity. That is why this government is taking decisive action to fix the broken prison system for good.
Under this government, more than 3,200 prison places have already been built, with 14,000 expected by 2031 under the largest prison build expansion since the Victorian era.
The Sentencing Act will restore order to the prison system and make sure we have cells available for dangerous criminals. Alongside record prison building, the reforms will put prisons on a sustainable footing and end the cycle of emergency release measures used before July 2024 when prisons repeatedly came close to running out of space.
David Gauke on Twitter:-
ReplyDeleteA few initial thoughts on what has been announced this morning on changes to the early release scheme. First, it has to be acknowledged that this is a very difficult issue for whoever is in office. For decades, sentences have been increased, as has the prison population. Prison capacity has not kept up (although our capacity is roughly twice that of Germany and the Netherlands) & cannot be increased rapidly. Even if capacity is not exceeded, running close to capacity has a detrimental impact on prison performance - as we have seen.
The Independent Sentencing Review was designed to put prisons on a sustainable footing, including by addressing an imminent capacity crisis. Our recommendations would've done that & have already helped. But, ultimately, Ministers take responsibility & make the decisions. Perhaps it's no surprise that a new PM would want to look again at the issue, but once you start looking at exclusions from the scheme, it is very hard to draw a line. The Govt made an attempt to do so in early August, but quickly retreated - and now we have today's proposals. These are broad & will mean that the prison population will be higher than it was. To reduce capacity pressures, the PM says he will reduce the number of foreign national offenders (FNOs) & imprisonment for public protection (IPP) prisoners in our jails.
On FNOs, the Sentencing Review recommended deporting earlier, & the previous govt went beyond that. But there's a balance to be struck. If an FNO is deported, it doesn't mean that they necessarily go to a foreign jail. Deportation will be insufficient punishment for many FNOs. IPPs were outside the scope of the Sentencing Review but I looked at the issue when Justice Secretary. It's very hard to justify the IPP regime, but the reality is that the remaining IPPs are in prison for good reason. They have been assessed (repeatedly) as being high risk. For example, I looked at their prison disciplinary records & in many cases it was clear why they'd not been released. Caution is still needed.
In terms of public protection, releasing IPPs comes with much higher risks than the categories excluded from the early release scheme. I suspect that the Govt will not find it easy to accelerate the release of FNOs & IPPs (&, in the latter case, it'd be irresponsible to do so). So what does this mean for prison capacity? This is my biggest concern & there are questions that need to be answered.
How much higher will the prison population be compared to previous projections because of the new measures? What assumptions have been made about FNO & IPP numbers? Above all, what are the capacity projections for the next few months? How close to full are we going to get? (Ministers cannot possibly have made these decisions without being advised as to how close to capacity we expect to get, so Parliament will presumably be told this on Tuesday.) What contingency plans are in place if we hit full capacity? Again, there must be such plans.
Here's Catherine McKinnell MP demonstrating a firm grasp on Criminal Justice Matters:-
ReplyDelete"Protecting the public means fixing the prison system for good.
That’s why we are keeping serious offenders in for longer & ending the historic injustice of IPP sentences, while building the cells we need with the largest prison-building programme since the Victorian Era."
Protecting the public also means not overloading the probation service that is already struggling!
DeleteThe rethoric isnt that far removed from what Grayling and Wright were spouting in 2014.
DeleteThat rethoric too came as a precursor to huge impacts on probation.
https://en.wikipedia.org/wiki/Closure_of_Prisons_Order_2014
'Getafix
Protect the public by overwhelming the probation service, the very organisation whose role it is, is to protect the public……genius!
ReplyDeleteBTW that mythical £700 million has been spent many times over……
ReplyDelete