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Top judge attacks sentencing laws | Top judge attacks sentencing laws |
(about 4 hours later) | |
Prison overcrowding is at a critical level because of the government's sentencing policy, the Lord Chief Justice of England and Wales has said. | Prison overcrowding is at a critical level because of the government's sentencing policy, the Lord Chief Justice of England and Wales has said. |
Speaking at a Howard League for Penal Reform event, Lord Phillips said UK jails were "full to capacity", adding: "We simply cannot go on like this." | Speaking at a Howard League for Penal Reform event, Lord Phillips said UK jails were "full to capacity", adding: "We simply cannot go on like this." |
He said legislation forcing judges to give longer terms had worsened things. | He said legislation forcing judges to give longer terms had worsened things. |
Justice Secretary Jack Straw welcomed his comments, while the Tories said they showed the system could not cope. | Justice Secretary Jack Straw welcomed his comments, while the Tories said they showed the system could not cope. |
The Ministry of Justice has said more prison places are being built to offset overcrowding. | The Ministry of Justice has said more prison places are being built to offset overcrowding. |
'Not foreseen' | 'Not foreseen' |
Lord Phillips told the audience that between 200 and 300 prisoners a night were being held in police cells in England and Wales because prisons were full. | Lord Phillips told the audience that between 200 and 300 prisoners a night were being held in police cells in England and Wales because prisons were full. |
Facts and figures on prisons in the UKIn graphics | Facts and figures on prisons in the UKIn graphics |
Jails were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two, he added. | Jails were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two, he added. |
He said the problem was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs. | He said the problem was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs. |
"Unless Parliament is prepared to provide whatever resources are necessary to give effect to the sentences that judges choose, in their discretion, to impose, Parliament must re-examine the legislative framework for sentencing. | "Unless Parliament is prepared to provide whatever resources are necessary to give effect to the sentences that judges choose, in their discretion, to impose, Parliament must re-examine the legislative framework for sentencing. |
"I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy." | "I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy." |
If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him Lord Phillips of Worth MatraversLord Chief Justice Profile: Lord Chief Justice class="" href="/1/hi/uk/7098591.stm">Q&A: Crisis in prisons | |
He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown. | He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown. |
"If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips said. | "If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips said. |
"That sum could pay for quite a few surgical operations or for a lot of remedial training in some of the schools where the staff are struggling to cope with the problems of trying to teach children who cannot even understand English. " | "That sum could pay for quite a few surgical operations or for a lot of remedial training in some of the schools where the staff are struggling to cope with the problems of trying to teach children who cannot even understand English. " |
'Grossly overcrowded' | 'Grossly overcrowded' |
Nick Herbert, the Conservative justice spokesman, said the government had not paid attention to prison levels when setting the sentencing framework. | Nick Herbert, the Conservative justice spokesman, said the government had not paid attention to prison levels when setting the sentencing framework. |
HAVE YOUR SAY A tough criminal detention and rehabilitation system is essential Jane Hope, Whiteley Send us your comments | HAVE YOUR SAY A tough criminal detention and rehabilitation system is essential Jane Hope, Whiteley Send us your comments |
He added: "We are now paying the price with grossly overcrowded prisons that do not rehabilitate offenders, rising reconviction rates and panic early release measures." | He added: "We are now paying the price with grossly overcrowded prisons that do not rehabilitate offenders, rising reconviction rates and panic early release measures." |
Lib Dem justice spokesman David Heath said it was "completely unacceptable" for judges to feel constrained about putting dangerous criminals in prison. | Lib Dem justice spokesman David Heath said it was "completely unacceptable" for judges to feel constrained about putting dangerous criminals in prison. |
"The answer must be to take out of the prison system those who shouldn't be there in the first place," he said. | "The answer must be to take out of the prison system those who shouldn't be there in the first place," he said. |
"People with mental illness or drug addictions should be getting proper treatment." | "People with mental illness or drug addictions should be getting proper treatment." |
The Howard League for Penal Reform's Andrew Neilson said Lord Phillips' speech had been a coded attack on the policies of successive governments. | The Howard League for Penal Reform's Andrew Neilson said Lord Phillips' speech had been a coded attack on the policies of successive governments. |
Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them Howard League for Penal Reform | Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them Howard League for Penal Reform |
Mr Neilson told BBC News: "Suddenly, he said that the consequences of sentencing policy have not been fully appreciated by those responsible for formulating criminal justice policy - which is top judge code for criticising the government." | Mr Neilson told BBC News: "Suddenly, he said that the consequences of sentencing policy have not been fully appreciated by those responsible for formulating criminal justice policy - which is top judge code for criticising the government." |
He said the league agreed there needed to be more emphasis on community sentences "if they're to work effectively, as they can do". | He said the league agreed there needed to be more emphasis on community sentences "if they're to work effectively, as they can do". |
"Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them," he added. | "Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them," he added. |
'More places' | 'More places' |
Justice Secretary Jack Straw said: "I welcome this significant speech. | Justice Secretary Jack Straw said: "I welcome this significant speech. |
"It makes an important contribution to a matter of great public interest." | "It makes an important contribution to a matter of great public interest." |
The Ministry of Justice says that, since Labour came into power in 1997, there are 20,000 more prison places - 3,100 of which were built in the last two years. | The Ministry of Justice says that, since Labour came into power in 1997, there are 20,000 more prison places - 3,100 of which were built in the last two years. |
Earlier this year, John Reid, the then home secretary, announced proposals to build two new prisons - in Maghull, near Liverpool, and next to Belmarsh prison in Woolwich, south-east London - to provide an additional 1,300 spaces. | Earlier this year, John Reid, the then home secretary, announced proposals to build two new prisons - in Maghull, near Liverpool, and next to Belmarsh prison in Woolwich, south-east London - to provide an additional 1,300 spaces. |
They form part of plans to provide an extra 8,000 cells over five years. | They form part of plans to provide an extra 8,000 cells over five years. |