GOVERNMENT'S GENERAL APPROACH
115. The Government's approach to sentencing
policy was set out by the Home Secretary in his statement to Parliament
on 30 July 1997. He referred to:
— the Crime and
Disorder Bill—which will tackle anti-social behaviour, particularly
from young offenders, introduce a drug testing and treatment order,
and provide for extended supervision of sexual and violent offenders
after their release from prison;
— the implementation
of measures in the Crime (Sentences) Act 1997 which provide for
automatic life sentences for second-time serious sexual and violent
offenders and mandatory seven year sentences for third-time drug
traffickers, and the consideration of implementation of three
year minimum sentences for third-time domestic burglars in the
light of resources and the Prison Service's capacity;
— introducing a
requirement on courts, when sentencing, to state the amount of
time to be spent in prison, the period of supervision after release
and the period during which the offender may be recalled to prison;
— the abolition
of the offender's consent to a community penalty and the need
to enforce these correctly, ensuring that offenders serve their
sentences in full; and
— the extension
of the pilots for electronic tagging.
116. The Government's view is that prison
is necessary for those whose crimes and behaviour require it.
However, prison is only one part of the responses to offending
behaviour available to the courts, and the courts must be able
to have a realistic choice of dependable disposals. The Government
believes that there should be nothing soft about community punishments;
the courts must have confidence in them and they should be administered
correctly so that offenders receive their punishments in full.
The Government also recognises the important place of financial
penalties.
117. The Government is committed to introducing
an effective sentencing system for all the main offences. Sentencing
guidelines can be an effective part of that system. The Government
intends to place a statutory duty on the Court of Appeal to ensure
there are sentencing guidelines for all the main offences. This
will help ensure there is greater consistency in sentencing.
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