Sentencing framework needs reform

There were press reports at the weekend that the government is considering telling the courts not to use short prison sentences if there are no places, but that this would be a temporary measure. We support the principle that short prison sentences are pretty much useless. But, it would be unfair for the courts to send a man (usually) to prison for an offence one day but not the next simply because there is not a prison place available. What is available anyway? Could a court in Bristol take into account a prison bed in Leeds? Could a youth court in London send a child to a prison bed in Northumberland?

Apparently this is going to be a short term expedient, but that too is unprincipled. Justice is not something that rests on administrative convenience. Victims, families, lawyers and offenders need to know that they will be dealt with appropriately and justly.

It would be wrong to sentence according to whether there is a bed available that day.

We could have a sentencing framework that is based on strategic use of resources; that controls the flow and use of sentences more constructively.

I was hoping that the new Ministry of Justice was going to be more thoughtful and not just respond higglety pigglety to events and crises. Come on you lot, get your act together and think things through. The public will accept a change if it is properly argued and does not look like a panic measure.