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| Version 2 | Version 3 |
|---|---|
| Top judge seeks to calm jail row | Top judge seeks to calm jail row |
| (about 4 hours later) | |
| The most senior judge in England and Wales has backed the home secretary over advice that judges consider prison overcrowding when sentencing. | The most senior judge in England and Wales has backed the home secretary over advice that judges consider prison overcrowding when sentencing. |
| The Lord Chief Justice Lord Phillips said John Reid was not instructing judges to stop imposing prison terms. | The Lord Chief Justice Lord Phillips said John Reid was not instructing judges to stop imposing prison terms. |
| He confirmed that Mr Reid had been simply re-stating existing guidelines, adding that the advice was "helpful". | He confirmed that Mr Reid had been simply re-stating existing guidelines, adding that the advice was "helpful". |
| It has also emerged overseas travel bans on nearly 150 convicted drug traffickers have not been enforced. | It has also emerged overseas travel bans on nearly 150 convicted drug traffickers have not been enforced. |
| Ignore guidance | Ignore guidance |
| The advice to judges and magistrates in England and Wales was given jointly by Mr Reid, the lord chancellor and the attorney general. | The advice to judges and magistrates in England and Wales was given jointly by Mr Reid, the lord chancellor and the attorney general. |
| It prompted two senior judges to hold back from imposing custodial sentences on two sex offenders. | It prompted two senior judges to hold back from imposing custodial sentences on two sex offenders. |
| But some judges said they would ignore the guidance when handing down sentences. | But some judges said they would ignore the guidance when handing down sentences. |
| It is appropriate that, when imposing sentence, the judge should have regard to the present state of the prisons Lord PhillipsLord Chief Justice | It is appropriate that, when imposing sentence, the judge should have regard to the present state of the prisons Lord PhillipsLord Chief Justice |
| Lord Phillips said: "In this statement attention was drawn to the fact that prison population is currently running very close to capacity. | Lord Phillips said: "In this statement attention was drawn to the fact that prison population is currently running very close to capacity. |
| "The home secretary has not sought to instruct judges to stop imposing sentences of imprisonment." | "The home secretary has not sought to instruct judges to stop imposing sentences of imprisonment." |
| Established authority | Established authority |
| The Lord Chief Justice added: "There is well and long established authority of the Court of Appeal that in such circumstances it is appropriate for the judge to have regard to prison overcrowding." | The Lord Chief Justice added: "There is well and long established authority of the Court of Appeal that in such circumstances it is appropriate for the judge to have regard to prison overcrowding." |
| LATEST HOME OFFICE PRESSURES 26 January....The Identity and Passport Service admits it failed to enforce overseas travel bans imposed by the courts on nearly 150 convicted drug traffickers 26 January....Home Secretary John Reid denies telling judges to give softer sentences to ease prison overcrowding26 January....England and Wales Youth Justice Board head Rod Morgan quits over youth prisons' overcrowding25 January....Risk of being a victim of crime in England and Wales rises for the first time since 1995, figures suggest21 January....Proposals reveal the Home Office may be split in two to cover justice and security14 January Senior civil servant suspended over failure to update police records of Britons convicted abroad | |
| However, retired judge, Keith Matthewman, told BBC News he had never been asked to consider the prison situation when sentencing offenders. | However, retired judge, Keith Matthewman, told BBC News he had never been asked to consider the prison situation when sentencing offenders. |
| "I don't know any judge in this country who's ever heard of this being said, that this is something that you take into consideration when you pass sentence," he said. | "I don't know any judge in this country who's ever heard of this being said, that this is something that you take into consideration when you pass sentence," he said. |
| "You can't take it into consideration. You've got to pass sentence on the crime." | "You can't take it into consideration. You've got to pass sentence on the crime." |
| Mr Reid denied that he told judges to give criminals softer sentences to ease prison overcrowding, insisting serious offenders should still be locked up. | Mr Reid denied that he told judges to give criminals softer sentences to ease prison overcrowding, insisting serious offenders should still be locked up. |
| A Home Office spokesman said Lord Phillips had reiterated what the home secretary, the lord chancellor and the attorney general have said all along. | A Home Office spokesman said Lord Phillips had reiterated what the home secretary, the lord chancellor and the attorney general have said all along. |
| 'No risk' | 'No risk' |
| The Home Office has also come under fire for the failure by the Identity and Passport Service to enforce travel bans on convicted drug traffickers. | The Home Office has also come under fire for the failure by the Identity and Passport Service to enforce travel bans on convicted drug traffickers. |
| The service is still trying to trace 15 of the 147 traffickers who have left jail and may have gone abroad. | The service is still trying to trace 15 of the 147 traffickers who have left jail and may have gone abroad. |
| The government said there had been "no risk to public protection" and that most of those handed bans were in jail. | The government said there had been "no risk to public protection" and that most of those handed bans were in jail. |
| The Home Office said as it went through reform, "many historic" problems would come to light and be rectified. | The Home Office said as it went through reform, "many historic" problems would come to light and be rectified. |