The Telegraph, 20 December 2023
Despite the usual brickbats which are thrown our way, the Conservatives’ record on crime is not without merit. Over the past 13 years, crime has fallen by 50 per cent on a like-for-like basis. We now have a record number of police officers on the front line, and earlier this year the Chief Inspector of Policing himself said that “England and Wales are arguably safer than they have ever been”.
There remain many challenges, however, including restoring people’s trust and confidence in the criminal justice system as a whole. We must also ensure that victims see that justice is done, that would-be criminals are deterred from breaking the law in the first place, and that those who enter the criminal justice system are rehabilitated and do not go on to re-offend.
It is with these last aims in mind that the Sentencing Bill, which received its second reading two weeks ago, raises considerable concern.
The pressure on prison places is acute. Due in large part to the longer sentences that more criminals are serving, and the high number of investigations being carried out by the police, it is undeniable that the capacity of our prisons is at breaking point. There is an urgent need to rapidly build more prison places. If planning rules are the obstacle, then they must be changed.
The Sentencing Bill aims to ease pressure on the prison estate, but in my opinion will put public safety at risk, place an undue burden on the police and Probation Service, and potentially lead to an increase in crime.
In particular, clause 6 of the Bill effectively bans short sentences, that is sentences under 12 months. The Bill, as a whole, also misses the opportunity to bolster penalties for repeat offenders. This is misguided for several reasons.
Firstly, most crimes are committed by a relatively small proportion of offenders. They wreak havoc and blight communities. As a recent Policy Exchange report found – citing Ministry of Justice data – “prolific offenders” made up more than half of all convictions between 2000 and 2021 despite representing only 9 per cent of the nearly six million people convicted of committing a criminal offence. Their impact on communities is hugely disproportionate to their number but for 52.7 per cent of convictions they were not sentenced to a term of imprisonment at all.
We need to toughen up the law to deal with these career criminals.
Secondly, short sentences are an important deterrent against criminality. Last year thousands of criminals received short sentences for a wide variety of offences: ranging from actual bodily harm, assault against emergency workers and shop workers, to burglary and robbery. Around 3,000 people received a short sentence for carrying a weapon such as a knife or firearm, and another 500 for public order offences. There were hundreds of short sentences handed down for sexual assaults, exposure and voyeurism and sexual grooming.
Over 1,000 short sentences were handed down for dangerous driving. Under the new measures in clause 6 of the Government’s Sentencing Bill, most of these criminals would now not see any custody at all.
This is a serious problem. Without the stint of a few months in prison, many of these criminals will no doubt go on to re-offend. A tag, a caution or a community order will not provide justice for the victim of a mugging, or a violent offence.
Will a serial burglar really change their ways if they continue to escape jail? Or a convicted protester hell-bent on causing disruption? Sadly, I don’t think so. Suspended sentences are not the answer because of the burden they place on the Probation Service and police.
This is why I have tabled amendments to the Sentencing Bill which will see more serious, repeat criminals put behind bars. I have tabled a “five strikes and you’re out” amendment so that custody must be the starting point for repeat offenders. And secondly, those who have hit 45 crimes will be met with a mandatory two-year custodial sentence each time they are convicted of a further serious offence.
I have also put forward amendments to clause 6 of the Sentencing Bill to ensure that short sentences are handed down where there is a risk of re-offending or a risk to public safety. We can do better by victims of crime.
Prison works. Short sentences protect the public and deter criminals from committing further crime. We should not just do away with them.
