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Move to overhaul sentencing rules | Move to overhaul sentencing rules |
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Judges in England and Wales could be given greater discretion to decide the sentence tariffs for potentially dangerous criminals. | Judges in England and Wales could be given greater discretion to decide the sentence tariffs for potentially dangerous criminals. |
The Home Office has also suggested ways to make sentencing guidelines easier for the public to understand. | The Home Office has also suggested ways to make sentencing guidelines easier for the public to understand. |
It follows anger over the case of Craig Sweeney, who was told he could be released after five years of a life sentence for kidnap and sexual assault. | It follows anger over the case of Craig Sweeney, who was told he could be released after five years of a life sentence for kidnap and sexual assault. |
A consultation document outlining the overhaul was published on Thursday. | A consultation document outlining the overhaul was published on Thursday. |
Sentence discount | Sentence discount |
Under rules introduced two years ago by then Home Secretary David Blunkett, non-violent offenders are automatically freed halfway through their sentences, to be supervised in the community by probation officers. | Under rules introduced two years ago by then Home Secretary David Blunkett, non-violent offenders are automatically freed halfway through their sentences, to be supervised in the community by probation officers. |
For those sentenced to life terms - apart from in murder cases - the "tariff" of time they must actually serve is arrived at by halving the equivalent determinate sentence. | For those sentenced to life terms - apart from in murder cases - the "tariff" of time they must actually serve is arrived at by halving the equivalent determinate sentence. |
Judges should have discretion over how much discount to give for a guilty plea Paul Cavadino,Nacro Father's sentence anger Cases behind sentencing row In the Sweeney case, the 24-year-old offender - who kidnapped his child victim from her home in Rumney, Cardiff, in January - was given a sentence discount of one third for entering an early guilty plea. | Judges should have discretion over how much discount to give for a guilty plea Paul Cavadino,Nacro Father's sentence anger Cases behind sentencing row In the Sweeney case, the 24-year-old offender - who kidnapped his child victim from her home in Rumney, Cardiff, in January - was given a sentence discount of one third for entering an early guilty plea. |
His prison licence period for an attack on another child had run out just weeks before. | His prison licence period for an attack on another child had run out just weeks before. |
His minimum tariff was set in accordance with Home Office rules. | His minimum tariff was set in accordance with Home Office rules. |
Following the case, Home Secretary John Reid pledged to examine whether judges should be given the power to dictate that serious offenders should serve longer in jail than the current guidelines allowed. | Following the case, Home Secretary John Reid pledged to examine whether judges should be given the power to dictate that serious offenders should serve longer in jail than the current guidelines allowed. |
Mr Reid said: "Courts should be rigorous in applying their powers to protect society against dangerous and violent criminals. | Mr Reid said: "Courts should be rigorous in applying their powers to protect society against dangerous and violent criminals. |
"That is why we need to strengthen judges' hands so they have greater discretion to impose even tougher sentences on offenders they believe pose a very serious risk." | "That is why we need to strengthen judges' hands so they have greater discretion to impose even tougher sentences on offenders they believe pose a very serious risk." |
Tom and Gwen Geeling, the parents of murdered 11-year-old schoolboy Joe who suffered with cystic fibrosis, have claimed their son's teenage killer's 12-year jail term was lenient. | Tom and Gwen Geeling, the parents of murdered 11-year-old schoolboy Joe who suffered with cystic fibrosis, have claimed their son's teenage killer's 12-year jail term was lenient. |
'Major reform' | 'Major reform' |
BBC home affairs correspondent Danny Shaw says the Home Office believes judges should no longer be required to apply the halving principle. | BBC home affairs correspondent Danny Shaw says the Home Office believes judges should no longer be required to apply the halving principle. |
He says ministers also want to give courts greater powers to keep non-violent offenders in jail beyond the halfway point of their sentences if they might pose a risk to the public. | He says ministers also want to give courts greater powers to keep non-violent offenders in jail beyond the halfway point of their sentences if they might pose a risk to the public. |
And the rules giving offenders who plead guilty early a third off their sentences are also being re-examined. | And the rules giving offenders who plead guilty early a third off their sentences are also being re-examined. |
He says the proposals will mean "major reform" of the Criminal Justice Act, which came into force just 18 months ago. | |
He adds that sentences would be expressed differently, so that a four-year term, with release halfway through, would be expressed as two years in custody and two years on licence. | |
With the prison population being as over-crowded as it is, I think judges will look to that as being the over-riding factor Norman Brennan,Victims of Crime Trust Killer's term 'too lenient' | With the prison population being as over-crowded as it is, I think judges will look to that as being the over-riding factor Norman Brennan,Victims of Crime Trust Killer's term 'too lenient' |
Speaking before Thursday's announcement, Paul Cavadino, chief executive of crime reduction charity Nacro, said: "Judges should have discretion over how much discount to give for a guilty plea." | Speaking before Thursday's announcement, Paul Cavadino, chief executive of crime reduction charity Nacro, said: "Judges should have discretion over how much discount to give for a guilty plea." |
But he said offenders who pleaded guilty early should continue to receive a greater discount than those who admitted their guilt at the 11th hour. | But he said offenders who pleaded guilty early should continue to receive a greater discount than those who admitted their guilt at the 11th hour. |
Norman Brennan, director of the Victims of Crime Trust, said: "When someone has been sentenced to long-term imprisonment for committing a serious crime, it is these types of criminal that the public needs protecting from most. | Norman Brennan, director of the Victims of Crime Trust, said: "When someone has been sentenced to long-term imprisonment for committing a serious crime, it is these types of criminal that the public needs protecting from most. |
"However with the judiciary being as liberal as they are I doubt very much whether many judges will overrule the automatic early release of prisoners. | "However with the judiciary being as liberal as they are I doubt very much whether many judges will overrule the automatic early release of prisoners. |
Ex judge Keith Matthewman said: "Unfortunately, too many violent criminals go to prison early and are let out too early and so they don't care." | Ex judge Keith Matthewman said: "Unfortunately, too many violent criminals go to prison early and are let out too early and so they don't care." |
Frances Crook, of the Howard League for Penal Reform, said her organisation wanted to see complete reform of life sentencing rather than "tinkering around with it". | Frances Crook, of the Howard League for Penal Reform, said her organisation wanted to see complete reform of life sentencing rather than "tinkering around with it". |