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The guidelines could, they suggest, be presented to Parliament for approval, but only as a package which could be rejected in its entirety but not amended (like the Lisbon Treaty). For some reason which is not explained "...it could not be subject to amendment without creating insuperable difficulties for the position of the Commission and its judicial member"; or perhaps making changes and amendments could be done by secondary legislation; or even better, difficulties could be avoided by the guidelines not being presented to parliament at all but simply published by the Commission with a requirement in law for all sentencers to adhere to it. Justice decided behind closed doors.

Sentencing practice has been developed over many years, with the possibility of appeal against sentences when the judge or magistrates have gone wild. Only after everything else has been tried will a person be locked up for a minor offence. What is missing from Lord Carter's review and from the Sentencing Commission is any evidence that sentences are inconsistent. Lord Carter notes that the average length of custodial sentences in the magistrates' courts has remained constant at 3 months between 1995 and 2006.

This government has two priorities: to look as if it is being tough on crime and not to spend any money. It also does not like independent professionals and will seek to reduce discretion wherever it can, whether it be that of doctors, dentists, academics or lawyers. Its aim is to control.

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MGH
August 13th, 2008
5:08 PM
What's also missing is any evidence that anything but lip service has been paid to the aims of providing purposeful community disposals (programmes that really do affect offending behaviour, such as those that exist for drink impaired drivers, men who have committed domestic violence and those that are designed to 'replace aggression'), or of identifying and treating in appropriate settings those suffering from mental health problems. If but a tiny fraction of the vast sums (£2.3 billion in capital costs alone, plus an extra £250 million a year in running costs) earmarked for Lord Carter's Titan Prisons were to be spent on providing effective community alternatives and finding more appropriate means of dealing with women (18,000 children a year see their mothers locked up), increasingly criminalised children, and those with mental health problems were to be spent on properly resourcing the Probation Service, we might see the current trends reversed (see the Esmée Fairbairn Foundation's new "Manifesto" on Rethinking Crime and Punishment for more detail). Instead (despite a paltry one-off £40 million top-up earlier this year), Government plans to cut Probation funding by 3% per annum for the next three years! There ARE other ways of addressing offending, such as restorative justice, but also curfews and joint working with local authorities to deliver locally identified community enhancement projects. The structure of the new Guidelines may well deliver greater consistency, but it remains to be seen whether they reach the parts that other never-ending reams of legislation have failed to reach, in particular alcohol and drug fuelled anti-social behaviour, or result in anything but at best a short term dip in low level custodial sentences. I have my doubts!

mcmrjp
August 12th, 2008
10:08 AM
Jan Davies is spot on with her assessment. As a serving Magistrate, I entirely agree with final her remark.

John H Smith
July 29th, 2008
5:07 PM
I hope that this article is widely read. For people who actually think about the consequences of the new regime, it ought to cause a great deal of concern

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