Law Society welcomes review of jail sentences

7 December 2010

Proposed sentencing reforms announced by the Government today, follows calls by the Law Society to simplify sentencing laws, which it believes has become very complex and difficult to understand.

The Government is proposing to restrict the use of indeterminate sentences and extend the use of bail for suspects.

Law Society President Linda Lee welcomed the Government's emphasis on sentencing that works in terms both of rehabilitating people and of protecting the community rather than one which uses imprisonment as a blanket answer. Tough community sentences with the emphasis on rehabilitation will often be the most appropriate answer.

"Indeterminate sentences have resulted in about 6000 prisoners serving indefinite sentences, thus increasing the prison population without this necessarily being the best answer for Society.

"In order to be released, prisoners must prove to the satisfaction of the Parole Board that they are not a danger to the public, often when the courses that they need to complete to do so are unavailable for want of resources. This makes the problem worse.

"The Society is pleased that imposition of such sentences will be more restricted, and only imposed to cases where the person really is a risk to public safety.

"We also support accelerated consideration for release for the 3,000 prisoners jailed indefinitely for the public protection who have already passed their tariff date. Of course it will important that dangerous people should remain behind bars but, where they can be released without danger to the public then this should be done quickly.

"Increasing the sentencing discounts for an early guilty plea is likely to encourage the guilty to admit guilt as early in the process as possible, thereby saving case trial preparation costs.

"However, safeguards and due process rights must still apply, for example and importantly the right to disclosure of the prosecution case against their client before they are required to enter a plea.

"We are also pleased that offenders with mental health, alcohol or drug abuse problems will instead be diverted into treatment programmes.

The Society will now consider the detailed proposals and respond to the consultation response when it is published.

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