Suspended Sentences

The new Ministry of Justice, I read, launched today with an announcement that the Secretary of State will seek to restrict the use of suspended sentences, in order to reduce the number of offenders being imprisoned. Obviously, Lord Falconer does not understand his own government's legislation.

The Criminal Justice Act 2003 effectively reinstated the suspended sentence which had virutally fallen into total disuse. The Act had in mind reducing the number of people going to prison. Now, we are told that restricting the use of suspended sentences will reduce the number of people going to prison. Diametrically opposed actions; same outcome. It doesn't make sense.

What's more, the new approach won't work. In order for a custodial sentence to be passed, the court must be satisified that the offence is, in the words of the guidelines, "so serious that only a custodial sentence will suffice". In other words, the courts cannot increase the severity of a community sentence by attaching a suspended prison sentence; the offence itself must merit custody. HOWEVER, the 2003 Act introduced a new requirement on the sentencing court. Having satisfied itself that the offence was indeed "so serious", it now had to ask itself "Can this custodial sentence be suspended?" If it can, then suspended it must be.

So, if the use of suspended sentences is once again restricted, the effect will be to send more people not fewer to prison, because if custody cannot be suspended, it must be served immediately.

I know it sounds like special pleading, but I really do think it would be better if the politicians left sentencing to the judiciary. We, at least, have taken the time and trouble to study the detail of the legislation and given careful thought to how it should be implemented.