Gauke reforms in, independence out

The Council, an ‘independent, non-departmental public body’ which sets binding sentencing policy, came under fire in April for proposing judges seek pre-sentence reports for those from an ethnic or faith minority. Lord Chancellor Shabana Mahmood opposed the proposal, which the Council then withdrew, and committed to reviewing the Council’s role and powers.

Consequently, the Bill, introduced this week, proposes a legislative safeguard ‘to ensure greater democratic oversight’—definitive sentencing guidelines would only be implemented after approval from both the Lord Chancellor and Lady Chief Justice. The Council’s annual business plan would also need to be signed off by the Lord Chancellor.

Pia Sinha, chief executive of the Prison Reform Trust, said: ‘Executive sign-off of Sentencing Council guidelines risks undermining judicial independence.’

Neither the judiciary nor the Sentencing Council has commented on the proposal.

The Bill, which implements the majority of David Gauke’s Independent Sentencing Review, creates a presumption to suspend short sentences of 12 months or less, unless exceptional circumstances exist, a court order has been breached or there is a significant risk of harm to an individual. These accounted for more than 49,000 adult prisoners (about 62%) last year.

Judges would be able to suspend sentences of up to three years in prison, and ban offenders from bars, pubs, clubs, football matches and other events, and impose restriction zones under more creative community sentencing.

Sinha said the Bill ‘rightly seeks to expand the use of effective alternatives to custody, while reserving prison for more serious offences.

‘For too long, prisons have become the last stop for people in desperate need of support they never received. For these reforms to succeed, probation must be properly staffed and resourced to help people rebuild their lives and reduce reoffending.

‘Some measures, however, require careful scrutiny. Earned release must not replicate existing inequalities, particularly for young adults and minority ethnic groups; electronic tagging should only be used where evidence shows it is effective’.

Law Society vice president Mark Evans said: ‘We welcome the Bill taking our views into account including ensuring custodial sentences under 12 months are only used in exceptional circumstances.

‘The data shows that short prison sentences are ineffective at stopping re-offending.’