24. Memorandum submitted by
the Mayor of London
SUMMARY
Current sentencing practice does not fulfil
the aims of the Criminal Justice Act. Too much and misplaced emphasis
is being put on the punishment of offenders, deterrence and public
protection through incarceration and too little on the long-term
reduction of crime, the reform and rehabilitation of offenders
and reparation. There is an urgent need to address this unprincipled
sentencing in order to protect communities and enable offenders
to get their lives back on track.
INTRODUCTION
1. The Mayor of London welcomes the opportunity
to respond to the Home Affairs Committee's Inquiry into Effective
Sentencing and believes that the Inquiry is much needed. This
brief submission highlights some of the key issues the Mayor would
like to see the committee address.
2. As the directly elected head of London's
government, the Mayor is in a unique position to represent the
views of Londoners. The Mayor of London's vision of a city that
can be enjoyed by people is dependent on reducing crime and fear
of crime—which in turn is dependent on ensuring that there
is an effective sentencing framework that protects communities
whilst enabling those who break the law to get their lives back
on track.
PRINCIPLES OF
SENTENCING
3. The Mayor believes that the purposes
of sentencing, as set out in the Criminal Justice Act 2003, are
broadly sensible, though he does have concerns about the extent
to which some of the purposes may conflict with each other. For
example, fulfilling the requirement to punish an offender may
act contrary to how best to reduce crime or reform or rehabilitate
an offender.
4. Notwithstanding such possible conflicts,
the Mayor does not believe that current sentencing practice fulfils
the aims of the Criminal Justice Act. He believes that taking
the justice system as a whole, too much and misplaced emphasis
is being put on the punishment of offenders, deterrence and public
protection through incarceration and too little on the long-term
reduction of crime, the reform and rehabilitation of offenders
and reparation. This is especially true in the case of young people.
Conversely the Mayor has concerns that sentencing may be too lenient
in many sexual assault and rape cases to adequately meet the principles
of sentencing.
SENTENCING DRIFT
5. The Mayor is very concerned that more
people than ever before are being sent to prison and that the
rapid rise in prison numbers appears to be due to the decisions
of the courts rather than because of levels of criminality.
6. Whilst the Mayor recognises the need
to protect the public from those people who pose a significant
and serious risk and is in no doubt that detention has a role
to play in deterrence and public protection, he remains unconvinced
that all those who currently receive a prison sentence need to
be in prison.
7. The Mayor would like to draw the Committee's
attention to the "The Decision to Imprison: Sentencing and
the Prison Population" report by Professor Mike Hough, Jessica
Jacobson and Andrew Millie which was published in 2003 by the
Prison Reform Trust and funded by the Esmée Fairbairn Foundation's
"Rethinking Crime and Punishment" project. This important
report called for decisive political leadership to reduce prison
numbers and found that the rapid rise in prison numbers had not
been linked to a rise in crime but was caused by tougher sentencing.
Its findings are worth revisiting given the continued escalation
in prison numbers since the report was published in 2003.
8. A record prison population and high levels
of overcrowding in London's prisons are jeopardising public safety
by undermining the extent to which prisons are able to engage
with prisoners to tackle their offending behaviour and prepare
them for release. As previous prison building programmes have
not been effective in reducing reoffending or in providing a long-term
solution to overcrowding and population pressures, the Mayor believes
the time has come to develop and consistently promote non-prison
solutions for less serious offenders or those with specialist
treatment needs.
9. It is especially concerned that so many
people with significant mental health problems continue to receive
prison sentences and serve time in penal institutions ill-suited
to their needs. There is an urgent need to review sentencing practice
in order to address this, and for this to be accompanied by a
review of whether there is appropriate provision of secure psychiatric
healthcare in the NHS. The Mayor would urge the Committee to pay
particular attention to the sentencing of offenders with identified
mental health problems.
INCONSISTENT JUSTICE
10. There is considerable evidence to suggest
that justice is not being applied consistently and that this is
leading to unprincipled sentencing. In particular, it appears
that Black, Asian and Minority Ethnic Groups are being given disproportionately
severe sentences by the courts. This was highlighted by the Mayor
in his earlier written submission to the Home Affairs Committee's
Inquiry into Young Black People and the Criminal Justice System,
as well as in the oral evidence to the Committee from Lee Jasper,
the Mayor of London's Director for Equalities and Policing. The
Mayor would like to draw the Committee's attention to this earlier
evidence that he gave, and to the findings of the "The Difference
or Discrimination" research that was carried out for the
Youth Justice Board, which found tougher sentencing for young
black people. There is an urgent need to address this, and also
a need to ensure that ethnic monitoring data is collected accurately
so that policy recommendations can have a sound evidence base.
11. The Mayor is also concerned that many
women are being dealt with more severely by the courts than men,
in large part because of the complex health and social problems
that so many women offenders have. Far too many non-violent women
who pose little risk to the public are being imprisoned—undermining
the appliance of sentencing principles. This is especially true
in the case of many foreign national women who are serving long
sentences for drug importation, even though they are rarely significant
players in the international drugs trade. In such cases it appears
too much emphasis is being given on a belief that such sentences
will be a deterrent.
12. The Mayor has serious concerns about
whether sentencing practice in many rape and sexual offending
cases is meeting sentencing principles—and in particular
he is concerned that in many cases sentencing is too lenient.
He would urge the Committee to pay particular attention to whether
current sentencing guidelines and practice take enough account
of the devastating impact that rape and sexual offending can have
on victims and their families, whether sentences are severe enough
to be a deterrent and to whether public protection is being served
by sentence lengths, especially given reoffending rates.
13. The Mayor would also urge the Committee
to examine whether there are any sentencing loopholes that need
addressing, such as the current one (which the Home Secretary
has committed to addressing) to ensure that 18-20 year olds who
are convicted of possession of a firearm receive a mandatory five-year
prison sentence.
COMMUNITY SENTENCES
14. The Mayor believes that alternatives
to prison can be a more effective way than prison for dealing
with many less serious non-violent offenders and believes that
the Government should consistently send out messages to sentencers,
the media and the public to this effect. It is in no-one's long-term
interests to continue to send record numbers of offenders to a
prison system which is largely ineffective in reducing reoffending
and which can exacerbate health and social inclusion needs.
15. Sentencers should increasingly look
to use sentences that have a reparative or restorative element.
This would help ensure that the purposes of sentencing, as set
out down in the Criminal Justice Act 2003, are met. Indeed the
Mayor believes that the principle of sentencing that relates to
reparation should be widened to include reparation to the community
at large as well as to specific victims.
16. The Mayor would like to see more use
made of Community Payback, along with the levels of resourcing
necessary to ensure its continued development. Community Payback
can be a very effective means of meeting all of the sentencing
principles, especially when accompanied by skills training. Whilst
it clearly is not suitable for all offenders, Community Payback
can act as a punishment (as offenders have to give up time), reduce
crime (especially when offenders undertake work to improve the
safety of public places), reform and rehabilitate offenders (when
linked to skills training or to employers), protect the public
(with accompanying supervision by probation service) and allow
reparation.
17. The Mayor would like to see much more
use made of Community Courts, in order that sentencers can ensure
an integrated supervision and support package is in place when
sentencing, and also to help facilitate community involvement
in sentencing. The Mayor is especially supportive of community
involvement in identifying projects for offenders on Community
Payback to undertake.
18. There are times when it is not appropriate
to attempt to meet all of the principles of sentencing. This may
be especially true when people have drug or alcohol problems that
are driving their offending. In many of these cases the primary
focus when sentencing should be on ensuring that offenders undertake
appropriate treatment, either on a residential basis or in the
community.
19. Whilst it is essential that community
sentences are credible and offenders held to account, the Mayor
is concerned that too many people on community sentences are currently
being breached—and being sent to prison—for non-compliance.
This risks undermining the principles of sentencing. A better
balance must be found between enforcement and enabling offenders
to be given every support and opportunity to comply with a community
sentence.
20. The Mayor also has similar concerns
that too many people who receive Anti-Social Behaviour Orders
(under civil law) are being breached and receiving a custodial
sentence (under criminal law)—ending up in a sentence that
is disproportionate to their original actions or the risk they
pose.
Joe Levenson
Policy Manager—Community Safety
Richard Wiltshire
Senior Co-ordinator—Government and Parliamentary
Liaison
9 March 2007
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