Custodial sentences of less than 12 months should only be used in exceptional circumstances and use of community punishments should be increased, says the longawaited final report of former justice secretary David Gauke’ s Independent sentencing review. Suspended sentences should also be allowed for up to three years, the document states, including for low-risk offenders with substance use issues. The review was commissioned after the prison system came close to collapse last year, with demand for places exceeding supply( DDN, March, page 5). The aim of the review is not only to reduce the prison population but also to address‘ other related challenges to the criminal justice system that will reduce future pressures’, Gauke says in the document’ s foreword – including reducing reoffending.
The three‘ foundational principles’ of the review are to
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ensure that sentences‘ punish offenders and protect the public’, that they‘ encourage offenders to turn their backs on a life of crime’ and that greater use is made of‘ punishment outside of prison’.
The review supports more investment in community sentence treatment requirements( CSTRs)‘ which will be particularly important for prolific offenders with drug and alcohol addiction needs’. While out of court resolution and diversion were outside the scope of the review’ s terms of reference, the evidence‘ indicated that the government should also consider whether earlier intervention, entirely outside the criminal justice system, in services such as housing, substance misuse and employment, may be more appropriate for low-risk offenders’, it adds.‘ This would require a cross-government effort.’
Professor Dame Carol Black highlighted in the first part of her Independent review of drugs that more than a third of the
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people in prison at the time were there for – mostly acquisitive – crimes related to drug use, and serving short sentences that gave little time for any kind of effective treatment. This created a situation where drug users were‘ cycling in and out of our prisons at great expense but very rarely achieving recovery or finding meaningful work’, she said, and meant they were consequently‘ very likely to re-offend’( DDN, March 2020, page 4).
The government has accepted most of the recommendations in the sentencing review, with a sentencing bill due‘ in the coming months’. The review was a‘ once in a generation opportunity’, said Prison Reform Trust chief executive Pia Sinha.‘ Proposals to expand the use of effective community alternatives and limit pointless short spells in custody will not only free up limited prison capacity but also lead to better outcomes for victims and wider society.’ Independent sentencing review:
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‘ Proposals... will not only free up limited prison capacity but also lead to better outcomes for victims and wider society.’ PIA SINHA |
final report at https:// www. gov. uk / government / publications / independent-sentencing-reviewfinal-report |
prisonreformtrust. org. uk |