The courts are supposed pursue justice, and discipline and rehabilitate law-breakers. But there is a widespread loss of faith in the sentencing process. Citizens do not believe that the courts punish appropriately. Sentences often fail to reflect the crime and are appear opaque. Moreover, sentencing strategies do not seem successful in rehabilitating prisoners.

Criminal activity and punishment are too distantly linked in the minds of many criminals because of a cumbersome and bureaucratic trials and sentencing process.

Time Lag

• 32% of defendants wait longer than 143 days between committing an indictable offence and being sentenced if they plead not guilty in a magistrate’s court.[i]

Crimes Missed

• In 2005 there were only three convictions for every 100 BCS estimated crimes.[ii]

Misguided Resources

• A report by the Prison Reform Trust on the numbers in prison as a result of technical breaches of post-release licences estimated that approximately 8000 offenders were in prison having been recalled as a result of enforcement procedures.

Effective sentencing

• 50.5% of people who are given a community sentence go on to reoffend within two years compared to 64.7% who are sent to prison.[iii]
• The most ineffective types of community punishment are drug treatment and testing orders with 82.3% of offenders going on reoffend.[iv]
• Since their launch in 1999 till the end of 2005 a total of 9618 ASBOs have been issued; [v]however there have been 6491 breaches proven in a court of law.[vi]
• Some 50,000 people are sent to prison for less than six months each year.[vii]

The courts and sentencing policy group is undertaking a major review of court procedure and sentencing strategies, with the goal of restoring the propriety of judicial retribution and the effectiveness of criminal deterrence. We want to link what’s happening on the streets with what’s happening in the courts. We think that the excessive piecemeal reform of the last few years is only damaging the system further, and the aim of this working group is to establish clear guiding principles about the purpose of policing and sentencing, and consequently to recommend policy.