“Tough on Crime”?
May 30, 2007 — syl2000Do you feel, as I do, that those convicted by our legal system are frequently ‘let off’ with too light a sentence? Do you think, as the mass media would like you to believe, that our judiciary is to blame? Read on…..
“It used to be the judge who decided on the sentence after an offender was convicted, although the choice was limited. At the beginning of the 19th century there were 220 offences that carried the death penalty and the task for the judge was to decide whether to commute this to flogging and, if so, how many strokes of the cat o’9 tails should be administered. When imprisonment replaced these more robust punishments Parliament usually enacted a maximum sentence for particular offences, leaving it to the judge to decide the appropriate sentence within that maximum.
“More recently Parliament has legislated over what some consider to be the judges’ territory by laying down rules that significantly restrict the judge’s discretion. Statutes provide alternatives to custody – fines and a wide variety of community punishments. Judges are directed which to choose. We are forbidden to impose a sentence of imprisonment if there is a viable alternative and, if we do impose a sentence of imprisonment, we are directed that it must be the shortest commensurate with the seriousness of the offence. The sentence that we impose will not normally be carried out, for in most cases statute provides that the offender is to be released on licence after he has served half the term of imprisonment imposed. [emphasis mine]
“But the media are always on the look-out for a sentence that they can castigate as ‘letting an offender walk free’. A few months ago the Recorder of Cardiff had to sentence a sex offender who had carried off a young girl in his van and subjected her to a serious indecent assault. He ruled that he was a dangerous offender and imposed one of the new indeterminate sentences, directing that he would have to serve at least 5 years before he could even be considered for release. This brought a storm of press protest with comments such as ‘judge allows sex beast to walk free after 5 years’. The Home Secretary commented publicly that he considered the sentence ‘unduly lenient’. What the press did not say was that there was no likelihood that this offender would be released after 5 years because this would not be considered safe. The 5 year 108 day minimum term had been correctly calculated by the judge, who was subject to the constraints that I described earlier. It represented an 18 year sentence, discounted by one third to give credit for the fact that the offender had pleaded guilty and then halved to reflect the fact that prisoners who are not dangerous are released on licence when they have served half their sentence, and finally reduced to reflect time served on remand.”
[The text quoted above is taken from http://www.judiciary.gov.uk/docs/speeches/lcj260207.pdf]
