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Top judge attacks early release | Top judge attacks early release |
(about 2 hours later) | |
The most senior judge in England and Wales has criticised the early release of prisoners under a scheme to reduce prison overcrowding. | The most senior judge in England and Wales has criticised the early release of prisoners under a scheme to reduce prison overcrowding. |
The Lord Chief Justice, Lord Phillips, said it was "an erosion of the sentence the judge had imposed" and called for a clear sentencing structure. | |
More than 18,000 offenders have been released early since last June. | More than 18,000 offenders have been released early since last June. |
The Ministry of Justice said data suggested "the scheme is working well", but it would be monitored "carefully". | |
In the past week, it emerged two convicted terrorists and seven sex offenders had been among them. | In the past week, it emerged two convicted terrorists and seven sex offenders had been among them. |
Clear sentencing | |
Lord Phillips's comments follow the publication on Monday of his annual review of the courts, in which he blamed a stream of legislation for seriously overstretching the courts. | Lord Phillips's comments follow the publication on Monday of his annual review of the courts, in which he blamed a stream of legislation for seriously overstretching the courts. |
He said: "It is still difficult for the public to understand sentencing as a whole. | He said: "It is still difficult for the public to understand sentencing as a whole. |
"Where prisoners are released in these circumstances, that is to a degree, not a large degree - an erosion of the sentence that the judge imposed and anticipated would be served. | "Where prisoners are released in these circumstances, that is to a degree, not a large degree - an erosion of the sentence that the judge imposed and anticipated would be served. |
"I think it would be very much better if one had a clear sentencing structure, where if you imposed a sentence you could see how long that individual might spend in prison and when they would be eligible for parole." | "I think it would be very much better if one had a clear sentencing structure, where if you imposed a sentence you could see how long that individual might spend in prison and when they would be eligible for parole." |
The Ministry of Justice said about 21,000 prisoners had been freed under the early release scheme between 29 June and 28 February 2008. | |
"Of those released, we have been notified that about 4% have been recalled," a spokesman said. | |
On-the-spot fines | |
He said: "We are monitoring the scheme carefully." | |
The spokesman added that the data collected "indicates that the scheme is working well and the rate of recall has been lower than expected". | |
Lord Phillips also said he had concerns about on-the-spot fines, saying if they were repeatedly used by police, magistrates would not get to know persistent offenders in their area. | |
And he voiced concern about the growing number of people representing themselves in court. | |
"I view with concern the steadily increasing numbers of litigants in person, due in part to difficulties of getting legal aid. | "I view with concern the steadily increasing numbers of litigants in person, due in part to difficulties of getting legal aid. |
"It makes the task of dealing with a case more difficult and time-consuming. | "It makes the task of dealing with a case more difficult and time-consuming. |
"This problem is particularly acute in relation to the family jurisdiction." | "This problem is particularly acute in relation to the family jurisdiction." |