Law -
Sentencing
Even
before the convention of human rights became part
of our law, rules existed to ensure a fair trial.
In recent years, a number of these rules have
been altered to assist the police. A defendant
who relies upon an alibi now has to give
particulars well before the trial so the police
can check it out and interview witnesses. The
words of the caution which the police are
required to administer to a defendant at the time
of arrest have also been changed to assist the
police. The defence now are required to provide a
statement of defence well before the trial
begins. All defence experts' reports now have to
be provided to the prosecution well before trial.
Disclosure to the defence of unused material is
now reduced under the new rules. However, despite
all these alterations to assist the police, the
sad fact remains that both conviction and
detection rates remain low.
We have the highest prison population ever, and
far higher than other European countries. The
proportion jailed after conviction at crown court
is now 63% - a rise of more than 14% over the
past eight years. The lesson yet to be learnt is
that, too often, sending someone to prison proves
to be counter-productive and often forces a
former prisoner into a career of crime. The real
problem is the lack of alternatives to prison,
particularly for young offenders.
As in any system there will be bad decisions by
magistrates and judges. There is no greater
deterrent against the commission of crime than
the prospect of being caught and this is what is
lacking. The chances of being caught, are low and
are worth taking, and what is urgently needed is
an imaginative police strategy to improve
detection rates. We need a new approach. We need
plans for a police saturation and targeting
policy in areas of high crime similar to those
which proved so successful in New York. We need
more officers, particularly on the beat.
A
criminal turned up at court with his bag packed
ready for jail — then was freed by a soft
judge. Burglar Ashley Hardy, 37, already had
sentences totalling 34 years to his name and
expected another long stretch. He admitting
breaking into a mum-of-two’s bungalow and
stealing £5 from her nine-year-old son’s
money box. But Judge Jack Bayliss let him off
with a three-year rehabilitation order and told
him to mend his ways. Hardy beamed as he strolled
from Guildford Crown Court in Surrey. Hardy, of
Farnborough, Hants, had 18 convictions for 60
offences including fraud and having a gun. But
Judge Bayliss told him, “I’ve decided
to try to prevent you from committing crimes when
you are at liberty.”
A
labourer was given 17 life sentences for a
terrifying campaign of rape, torture and
attempted murder. After his conviction a judge
lifted a reporting ban on a trial NINE MONTHS
previously when he was given 16 life sentences on
43 charges of rape, wounding and other offences
against two girls over many years. He set fire to
one girl, carved his initials on a girl's body
and branded her with hot pliers. The judge said
he should serve at least 23 years. That's
TWENTY-THREE years for SEVENTEEN life sentences!
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