THOUSANDS of yobs who carry out violent assaults will be allowed to walk free from court under new sentencing guidelines proposed yesterday.
More than 4,000 thugs could escape jail under the radical changes, which may come into effect as early as next spring.
The Sentencing Council says its guidelines could save the prison service more than £16million a year, and save the probation service £3million annually
Under the proposals those convicted of assault in England and Wales will be sentenced on the basis of the harm they caused victims. Sentencing guidelines for assault offences are currently based on a description of the offence.
Although fewer criminals would face prison, Lord Justice Leveson, chairman of the Sentencing Council, which is consulting on the guidelines for judges and magistrates, insisted: “None of us are soft on crime.” He said the new proposed changes were “not driven by the Government” and its need to cut public spending.
But critics say the new sentencing body is “out of touch” with public opinion on crime. Tory MP Philip Davies said: “I find these guidelines deeply disturbing.These ideas are cooked up by the liberal-minded judicial elite but they are completely out of touch with public opinion.
“Prison works when it comes to deterring criminals, so letting violent thugs escape this form of punishment makes a mockery of the prison system.”
Owen Sharp, acting chief executive of Victim Support, warned: “Victims want sentences which they feel are fair and which they can understand.
“While these new guidelines should help victims understand how judges make sentencing decisions, there is still the need for victims to feel that justice is done.”
Under the proposals there would be between 1,000 and 2,800 fewer custodial sentences for common assault, from 300 to 700 fewer community orders, 1,000 and 2,700 additional fines, and between 300 and 800 additional conditional discharges.
This would lead to a need for 120 to 330 fewer prison places, saving the prison service £4million to £10million a year. Lord Leveson’s more lenient approach will please Justice Secretary Kenneth Clarke, who is under intense pressure to shrink the record 85,000-strong prison population and make about £2billion in savings.
Mr Clarke provoked anger last week for suggesting thousands of criminals could be spared jail because only serious and violent offenders should be sent to prison. He told the Tory conference that tougher community sentences and slashing re-offending were the best way to reform Britain’s prison system rather than locking more up.
Unveiling the new proposals at the Royal Courts of Justice in central London yesterday, Lord Justice Leveson said: “There has been an increase in the severity of sentences at the lower end of the assault range and I think we’re trying to adjust that for reasons of proportionality.
“If anything, I think there may be a slight increase at the very, very top, for the most serious offences of this type.”
The council considered assault cases in the context of all violent offences and, for some of the lesser offences of assault “there will be an increase in the non-custodial element, the judge said.
The prison service could expect to save between £240,000 and £900,000 but the probation service’s costs could rise by between £100,000 and £180,000.
source: Daily Express
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