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Top judge seeks to calm jail row Blair defends Home Office record
(about 1 hour later)
The most senior judge in England and Wales has backed the home secretary over advice that judges consider prison overcrowding when sentencing. The Prime Minister has defended the running of the Home Office and the government's record on prisons.
The Lord Chief Justice Lord Phillips said John Reid was not instructing judges to stop imposing prison terms. Tony Blair was speaking in an interview for the Politics Show to be shown on BBC1 later. He conceded prisons were "full to bursting point".
But he said 20,000 new prison places had been created and there would be a further 8,000 added to that total soon.
Mr Blair said overcrowding was partly due to people being in jail for longer.
The reason we're dealing with these now is that for the first time there is a process in place to deal with them Tony Blair
Mr Blair said: "Why are prisons full to the bursting point?
"You've got a situation where, today, people are in prison for longer and you've got, of course, the new indeterminate sentences - where people can be kept in for an indeterminate period if they remain a danger to the public.
"None of us are saying there haven't been big problems at the Home Office but let's be clear, some of these things like foreign prisoners or these offences that have been committed abroad by British people who then return back home.
"The reason we're dealing with these now is that for the first time there is a process in place to deal with them."
Sentencing row
The Prime Minister's comments come after Lord Chief Justice Lord Phillips - the most senior judge in England and Wales - backed the Home Secretary John Reid over advising judges to consider prison overcrowding when sentencing.
Lord Phillips said Mr 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.
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.
LATEST HOME OFFICE PRESSURES 27 January...The News of the World claims 322 convicted sex offenders are missing across the UK26 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
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
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." "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."
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."
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'
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 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.