September 2010 articles archive:

Maximum sentences-are they being used?

Parliament lays down in legislation the maximum sentence that a person could receive if convicted of a particular offence.

Parliament lays down in legislation the maximum sentence that a person could receive if convicted of a particular offence.  This seems to raise the natural presumption that such maximum sentences are reserved for the most serious offenders in our midst.  Not so according to figures recently released to Parliament by the Ministry of Justice.  The figures refer to sentences handed out in the year 2008.

Apparently, during that year, 79,058 criminals were jailed in England and Wales for indictable or 'serious' offences – yet only 621 of them were handed the maximum term.

The figures make for interesting reading showing that only two out of 5,000 offenders convicted of robbery, received a maximum sentence; four out of 6,000 in the case of fraud; 39 out of 3,000 sex offenders received the full wraith of the law and were given a maximum sentence.

The figures have prompted a strong reaction from victim support groups and is sure to reopen debates about where the politicians stand over sentencing and law and order.

The Ministry of Justice seem to want to distance themselves from responsibility and has been reported as saying “Sentencing in individual court cases must always be a matter for the independent judiciary as only they have the full facts of each case.

“The Ministry of Justice is currently conducting a full assessment of sentencing and rehabilitation to ensure that it is effective in deterring crime, protecting the public, punishing offenders and cutting re-offending."  In other words blame the judiciary!



Recent Posts

The latest posts from the blog archives.

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The Supreme Court has been especially busy lately.

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The clear intention is that decisions on pre-charge bail should come under scrutiny.

The judicial committee of the privy council – a colonial legacy

The Judicial Committee of the Privy Council is the highest court of appeal for many Commonwealth countries.

Does the scrapping of glen parva secure college and the lifting of a book ban herald the start to serious reform of the failing prison system?

How much of Michael Gove's vision for prisons and the criminal justice system will be effective in righting self-inflicted wrongs remains to be seen.

Police-led prosecutions are to be extended again.

Home Secretary Theresa May announces “We will extend the use of police-led prosecutions to cut the time you spend waiting for the Crown Prosecution Service”.

Perverse verdict in the name of justice? mutiny at high down

High Down prison in Banstead may not be on the high seas but apparently it can be the scene of a mutiny.

Statutory interpretation - bogdanic -v- the secretary of state for the home department; qbd 29-aug-2014

The case concerns the operation of the carriers' liability regime in relation to the immigration control zones in France.