Sentencing Review call for evidence – Law Society response

The UK prison population has doubled over the last 30 years and is projected to rise by 4,500 a year.

A major contributor to this has been an increase in the length of sentences. The average custodial sentence is 21 months, up from about 13 months 20 years ago.

Our president, Richard Atkinson, said: “The sentencing review is a golden opportunity to examine alternatives to the use of custody, which is an expensive and often counterproductive form of punishment”.

This response represents the view of solicitors who represent clients in criminal courts.

Theme one: history and trends in sentencing

• Successive governments have enacted longer sentences and created more offences
• The media has created a narrative that sentencing is too lenient
• We need more public education about the purposes of sentencing
• Community-based penalties can be both punitive and rehabilitative
• Constant changes to prisoner release laws lead to confusion and uncertainty
• Sentences, particularly for serious drug offences, have doubled in length over the last 20 years and often don’t reflect the defendant’s role in the crime
• Sentencing Council guidelines are not intended to increase sentence length, but it is felt that they have led to sentence inflation
• The solution may be an across-the-board cut in sentence length

Theme two: structures and processes

• Probation service is under-resourced, leading to:
  • sentencers defaulting to custodial sentences
  • closure of probation offices
• Magistrates' courts focus too closely on dealing with cases quickly, at the expense of quality decision-making
• Hasty decision-making and lack of information means sentencers do not have the opportunity to really consider what would work to prevent future offending
• Intensive supervision courts – problem-solving courts – which tailor a package of measures with access to appropriate services are a positive step
• In support of government's announcement to recruit 1,000 additional probation officers

Theme three: technology

• Home detention curfew (HDC) should be used much more
• The government has proposed the maximum period of HDC will extend to 365 days

Theme four: community sentences

• Intensive supervision courts and complex case courts are a better way to oversee intensive community sentences

Theme five: custodial sentences

• Short-term prison sentences tend to be counter-productive
• Prison conditions are dire and need to be improved
• There should be a move towards a more humane, open prison type conditions for the majority of prisoners who are not considered dangerous or an escape risk
• Requirement for judicial oversight of recalls could prevent at least some unnecessary recalls that currently clog up prisons
• Parole board delays mean people will spend many months or years in prison awaiting the conclusion of their parole review
• A criminal justice system that relies on imprisonment as a form of punishment cannot operate effectively where demand for prison places exceeds supply

Theme six: progression of custodial sentences

• Prison service needs to consistently provide education and rehabilitation programmes
• Businesses should be encouraged to employ those who have acquired skills in prison
• Resources need to be available for prisoners on their immediate release from prison
• Prison legal aid work needs to be made sustainable – the proposed increase to criminal legal aid rates should also apply to prison law
• People are stuck in prison because they cannot access legal advice to make an application to the parole board

Theme seven: individual needs of victims and offenders

• Pre-sentence reports should provide accurate and thorough information about the background of an offender
• Out of court disposals (such as cautions) can provide a solution that prevents further offending and does not result in a criminal conviction
• Greater resourcing of health services in prisons is needed to deal with mental ill health, which is a significant cause of reoffending
• Police officers need to be equipped to recognise vulnerability at an early stage
• Young and vulnerable people caught up in crime need to be diverted from the criminal justice system – focus should be on finding the root cause of their offending
• Probation service needs to be properly funded and resources so all the issues that lead to offending by young people and women can be addressed