Magistrates have hit out at the government's plan to extend the use of US-style mandatory sentences, including to juveniles, warning ministers that there will always be "rare or exceptional circumstances" in which they are not appropriate.
John Bache, the chairman of the Magistrates Association youth courts committee, said that while he agreed that removing knives from the streets was of paramount importance, the Magistrates Association was against mandatory sentences.
He said that, whatever the offence committed, youths lacked "the maturity of thought of adults and must be treated accordingly".
Bache's comments came in response to the proposal to introduce a mandatory four-month detention and training order for any 16 or 17-year-old caught using a knife in a threatening manner.
The proposal is part of a raft of sentencing changes that MPs will be asked to approve as amendments to Kenneth Clarke's legal aid, sentencing and punishment bill next week.
The other changes to the justice secretary's legislation include a "two strikes and you're out" mandatory life sentence for anyone convicted of a second serious sexual or violent crime and a move to extend mandatory life sentences to cover crimes other than murder for the first time.
The first "most serious sexual or violent offence" that will be covered by the "two strikes" policy will have to have carried a prison sentence of at least 10 years for the second conviction to trigger a life sentence.
The proposal to extend the mandatory life sentence for a first offence other than murder will include child sex offences, categories of terrorism and "causing or allowing the death of a child".
Clarke told the BBC the two strikes policy would apply to somebody who had committed two "probably near-murderous attacks".
The justice secretary appeared to suggest that the decision to extend the coverage of the mandatory life sentences to offences other than murder, such as child sex, would affect about 20 cases a year.
Ministry of Justice figures suggest the new mandatory minimum sentence for juvenile knife crime could affect a further 200 to 400 cases a year. A detailed impact assessment for the package is to be published shortly. The changes will not be applied retrospectively.
The surprise announcement marks a return to a more traditional "lock 'em up" approach to law and order by the coalition, and deals a further blow to Clarke's hopes of a more liberal penal policy that would stabilise the prison population.
The package represents a major extension of the use of US-style minimum mandatory sentences into the British legal system and comes after a fierce cabinet battle.
Clarke is reported to have repeatedly clashed with the home secretary, Theresa May, over the issue, with the matter believed to have only been settled by the intervention of David Cameron on Wednesday. Clarke appears to have won a concession that children under 16 will not be affected.
Clarke made clear his opposition to the use of mandatory sentences at a hearing of the Commons home affairs committee on Tuesday, indicating that he preferred to give judges discretion to set sentences based on the facts of the cases for nearly all crimes but murder.
He also made clear his view that a minimum mandatory sentence for juveniles under 18 was not part of the traditions of the British criminal justice system.
The sentencing regime announced on Wednesday includes replacing the much-criticised indeterminate sentence for public protection (IPP) – which has left 6,500 prisoners without a set release date – with fixed-term sentences. Dangerous criminals will in future serve at least two-thirds of the new sentence.
The new sentencing regime detailed by the Ministry of Justice includes:
The new sentencing regime includes:
• A four-month mandatory custodial sentence for aggravated knife possession for 16 and 17-year-olds, but not for younger children. Those convicted of using a knife or offensive weapon to threaten and endanger will be given a four-month detention and training order. Adults are to face an automatic six-month sentence for the same offence.
• The "two strikes and you're out" mandatory life sentence for anyone convicted of a second very serious sexual or violent offence.
• The extended determinate sentence (EDS) for dangerous criminals convicted of a serious and violent sexual crimes, who will serve at least two-thirds, scrapping the current consideration of parole at the halfway point. Release for those in the most serious category serving this sentence will require the approval of the parole board, and those paroled will be under recall licence for at least 10 years.
• An extended licence period. Those who have served an EDS will have to serve a further period on licence – an extra five years for sex offenders and eight years for violent offenders – during which they can be recalled to prison if necessary.
Clarke said he expected more dangerous offenders to get life sentences, adding: "The new regime will restore clarity, coherence and common sense to sentencing and give victims a clearer understanding of how long offenders will actually serve in prison.
"We have already announced that we are bringing in an automatic prison sentence for any adults who use a knife to threaten and endanger.
"Clearly any extension of this sentence to children requires very careful consideration. However, we need to send out a clear message about the seriousness of juvenile knife crime, so we are proposing to extend a suitable equivalent sentence to 16 to 17-year-olds, but not to younger children."
Clarke told BBC Radio 4's Today programme he wanted to replace the "failed" IPP sentences with a more certain regime, adding: "We've got 6,000 people languishing in prison, 3,000 of whom have gone beyond the tariff set by the judge, and we haven't the faintest idea when, if ever, they are going to get out.
"It's a gross injustice – a bit of a stain on our system."
by Alan Travis taken from http://www.guardian.co.uk/politics/2011/oct/27/kenneth-clarke-two-strikes-life-sentencing
John Bache, the chairman of the Magistrates Association youth courts committee, said that while he agreed that removing knives from the streets was of paramount importance, the Magistrates Association was against mandatory sentences.
He said that, whatever the offence committed, youths lacked "the maturity of thought of adults and must be treated accordingly".
Bache's comments came in response to the proposal to introduce a mandatory four-month detention and training order for any 16 or 17-year-old caught using a knife in a threatening manner.
The proposal is part of a raft of sentencing changes that MPs will be asked to approve as amendments to Kenneth Clarke's legal aid, sentencing and punishment bill next week.
The other changes to the justice secretary's legislation include a "two strikes and you're out" mandatory life sentence for anyone convicted of a second serious sexual or violent crime and a move to extend mandatory life sentences to cover crimes other than murder for the first time.
The first "most serious sexual or violent offence" that will be covered by the "two strikes" policy will have to have carried a prison sentence of at least 10 years for the second conviction to trigger a life sentence.
The proposal to extend the mandatory life sentence for a first offence other than murder will include child sex offences, categories of terrorism and "causing or allowing the death of a child".
Clarke told the BBC the two strikes policy would apply to somebody who had committed two "probably near-murderous attacks".
The justice secretary appeared to suggest that the decision to extend the coverage of the mandatory life sentences to offences other than murder, such as child sex, would affect about 20 cases a year.
Ministry of Justice figures suggest the new mandatory minimum sentence for juvenile knife crime could affect a further 200 to 400 cases a year. A detailed impact assessment for the package is to be published shortly. The changes will not be applied retrospectively.
The surprise announcement marks a return to a more traditional "lock 'em up" approach to law and order by the coalition, and deals a further blow to Clarke's hopes of a more liberal penal policy that would stabilise the prison population.
The package represents a major extension of the use of US-style minimum mandatory sentences into the British legal system and comes after a fierce cabinet battle.
Clarke is reported to have repeatedly clashed with the home secretary, Theresa May, over the issue, with the matter believed to have only been settled by the intervention of David Cameron on Wednesday. Clarke appears to have won a concession that children under 16 will not be affected.
Clarke made clear his opposition to the use of mandatory sentences at a hearing of the Commons home affairs committee on Tuesday, indicating that he preferred to give judges discretion to set sentences based on the facts of the cases for nearly all crimes but murder.
He also made clear his view that a minimum mandatory sentence for juveniles under 18 was not part of the traditions of the British criminal justice system.
The sentencing regime announced on Wednesday includes replacing the much-criticised indeterminate sentence for public protection (IPP) – which has left 6,500 prisoners without a set release date – with fixed-term sentences. Dangerous criminals will in future serve at least two-thirds of the new sentence.
The new sentencing regime detailed by the Ministry of Justice includes:
The new sentencing regime includes:
• A four-month mandatory custodial sentence for aggravated knife possession for 16 and 17-year-olds, but not for younger children. Those convicted of using a knife or offensive weapon to threaten and endanger will be given a four-month detention and training order. Adults are to face an automatic six-month sentence for the same offence.
• The "two strikes and you're out" mandatory life sentence for anyone convicted of a second very serious sexual or violent offence.
• The extended determinate sentence (EDS) for dangerous criminals convicted of a serious and violent sexual crimes, who will serve at least two-thirds, scrapping the current consideration of parole at the halfway point. Release for those in the most serious category serving this sentence will require the approval of the parole board, and those paroled will be under recall licence for at least 10 years.
• An extended licence period. Those who have served an EDS will have to serve a further period on licence – an extra five years for sex offenders and eight years for violent offenders – during which they can be recalled to prison if necessary.
Clarke said he expected more dangerous offenders to get life sentences, adding: "The new regime will restore clarity, coherence and common sense to sentencing and give victims a clearer understanding of how long offenders will actually serve in prison.
"We have already announced that we are bringing in an automatic prison sentence for any adults who use a knife to threaten and endanger.
"Clearly any extension of this sentence to children requires very careful consideration. However, we need to send out a clear message about the seriousness of juvenile knife crime, so we are proposing to extend a suitable equivalent sentence to 16 to 17-year-olds, but not to younger children."
Clarke told BBC Radio 4's Today programme he wanted to replace the "failed" IPP sentences with a more certain regime, adding: "We've got 6,000 people languishing in prison, 3,000 of whom have gone beyond the tariff set by the judge, and we haven't the faintest idea when, if ever, they are going to get out.
"It's a gross injustice – a bit of a stain on our system."
by Alan Travis taken from http://www.guardian.co.uk/politics/2011/oct/27/kenneth-clarke-two-strikes-life-sentencing
No comments:
Post a Comment