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'Jail discount' for early guilty pleas to be dropped 'Jail discount' for early guilty pleas to be dropped
(40 minutes later)
Proposals to allow criminals to serve only half their sentences if they plead guilty at an early stage are set to be dropped entirely.Proposals to allow criminals to serve only half their sentences if they plead guilty at an early stage are set to be dropped entirely.
The idea was attacked by many Tory MPs and victims' groups - especially after it emerged it might apply to rapists. The idea was attacked by some Tory MPs and victims' groups - especially after it emerged it might apply to rapists.
Government sources had ruled that out, but the policy was expected to be retained for a number of lesser crimes.Government sources had ruled that out, but the policy was expected to be retained for a number of lesser crimes.
A sentencing bill, to be published later, is set to include other changes including cuts to the legal aid budget.A sentencing bill, to be published later, is set to include other changes including cuts to the legal aid budget.
The bill is set to include:The bill is set to include:
  • A review on plans to change the "serious risk" test for indeterminate public protection prison sentences, a New Labour policy which allows judges to lock up prisoners until they are no longer judged to be a serious threat to the public
  • Prisoners will be made to work harder, longer, and pay more compensation to their victims
  • Those serving time for the most serious offences which include rape and burglary will, in future, no longer be eligible for 50% remission for good behaviour
  • Plans to release more defendants on bail rather than hold them in custody
  • Cuts to the legal aid budget including measures to ensure that squatters do not qualify for publicly-funded representation to fight eviction
  • A review on plans to change the "serious risk" test for indeterminate public protection prison sentences, a New Labour policy which allows judges to lock up prisoners until they are no longer judged to be a serious threat to the public
  • Prisoners will be made to work harder, longer, and pay more compensation to their victims
  • Those serving time for the most serious offences which include rape and burglary will, in future, no longer be eligible for 50% remission for good behaviour
  • Plans to release more defendants on bail rather than hold them in custody
  • Cuts to the legal aid budget including measures to ensure that squatters do not qualify for publicly-funded representation to fight eviction
As recently as last month, ministers were talking about the possibility of extending the existing 33% "discount" on jail sentences in England and Wales for offenders pleading guilty at the earliest opportunity to 50%.As recently as last month, ministers were talking about the possibility of extending the existing 33% "discount" on jail sentences in England and Wales for offenders pleading guilty at the earliest opportunity to 50%.
But the idea came in for sustained criticism from sections of the media, which intensified after Justice Secretary Ken Clarke seemed to suggest that some rape cases were more serious than others.But the idea came in for sustained criticism from sections of the media, which intensified after Justice Secretary Ken Clarke seemed to suggest that some rape cases were more serious than others.
After being challenged by rape victim Gabrielle Browne about it in a BBC interview last month, Mr Clarke was forced to apologise for "giving the impression" that not all rape cases were equally serious.
However, after a personal meeting with Mr Clarke later, Ms Browne said she accepted the move could mean fewer rape victims having to go through the ordeal of reliving their experiences in court and coming face-to-face with their attacker.
Labour say the plans to halve sentences were cost-driven and lacked public support.Labour say the plans to halve sentences were cost-driven and lacked public support.
The BBC's home affairs correspondent Danny Shaw said the policy came into difficulty as ministers realised it would be very difficult to apply the discount to only some offences.The BBC's home affairs correspondent Danny Shaw said the policy came into difficulty as ministers realised it would be very difficult to apply the discount to only some offences.
He said the policy could be open to challenge in the courts and that judges may over-compensate by increasing the sentence they initially ordered.He said the policy could be open to challenge in the courts and that judges may over-compensate by increasing the sentence they initially ordered.
The director of the Prison Reform Trust, Juliet Lyon, said: "In principle, it gave more discretion to judges, and that's something that's usually a good thing.The director of the Prison Reform Trust, Juliet Lyon, said: "In principle, it gave more discretion to judges, and that's something that's usually a good thing.
"But equally you don't want to shortcut justice, and you do want the checks and balances for say, people with learning disabilities - and there are many of them in the justice system - who would plead guilty to anything to get out of a very stressful situation.""But equally you don't want to shortcut justice, and you do want the checks and balances for say, people with learning disabilities - and there are many of them in the justice system - who would plead guilty to anything to get out of a very stressful situation."
'Safety threat' 'No win, no fee'
The BBC's legal affairs correspondent Clive Coleman said ministers want to cut £250m from the £2.1bn legal aid budget.
He said the government aimed to achieve this by taking a large number of cases such as divorces and family cases which do not have an element of domestic violence or forced marriage out of the scope of legal aid.
Instead ministers want to people to take up "no win, no fee" agreements and to settle disputes through mediation.
Critics have said mediators would not be trained to spot things such as child abuse.
'Irreparable' damage
Confirmation the plan is being ditched is expected on Tuesday as ministers outline details of their proposed Sentencing and Legal Aid Bill - which they hope will become law by next April.Confirmation the plan is being ditched is expected on Tuesday as ministers outline details of their proposed Sentencing and Legal Aid Bill - which they hope will become law by next April.
The BBC's Deputy Political Editor James Landale said the move - which has not yet been confirmed by Downing Street - would mean that Mr Clarke would now have to find other ways of finding £130m in savings which he hoped to generate from the plan.The BBC's Deputy Political Editor James Landale said the move - which has not yet been confirmed by Downing Street - would mean that Mr Clarke would now have to find other ways of finding £130m in savings which he hoped to generate from the plan.
Ministers have been consulting on a range of ideas intended to strike a balance between protecting the public, tackling reoffending and lowering prison numbers.Ministers have been consulting on a range of ideas intended to strike a balance between protecting the public, tackling reoffending and lowering prison numbers.
Last December, Mr Clarke set out plans to cut the prison population by 3,000 in England and Wales and toughen non-custodial sentences as part of efforts to cut the prison and probation bill by 20% over four years. Last December, Mr Clarke title="Ministry of Justice consultation on prison population" >set out plans to cut the prison population by 3,000 in England and Wales and toughen non-custodial sentences as part of efforts to cut the prison and probation bill by 20% over four years.
Ministers consulted on plans to limit the use of indeterminate sentences - minimum tariffs for imprisonment - release more defendants on bail and increase the use of community sentences.
But the debate over their approach was dominated by the controversy over the 50% discount plan.But the debate over their approach was dominated by the controversy over the 50% discount plan.
After being challenged by rape victim Gabrielle Browne about it in a BBC interview last month, Mr Clarke was forced to apologise for "giving the impression" that not all rape cases were equally serious.
However, after a personal meeting with Mr Clarke later, Ms Browne said she accepted the logic of the government's thinking and the move could mean fewer rape victims having to go through the ordeal of reliving their experiences in court and coming face-to-face with their attacker.
Although it introduced the 33% discount while in government, Labour said an extension to 50% - which had won the backing of penal reform campaigners - was "ludicrous".Although it introduced the 33% discount while in government, Labour said an extension to 50% - which had won the backing of penal reform campaigners - was "ludicrous".
"An effective criminal justice system should protect the public, punish and reform offenders, support victims and ultimately cut crime," shadow justice secretary Sadiq Khan said. Shadow justice secretary Sadiq Khan said letting people who could pose a threat out early may cause "irreparable" damage.
"If they proceed with their ludicrous policies of cutting sentences by half for criminals that plead guilty early, taking away the power of judges and magistrates to hold people in custody on remand and letting people out early who could be a threat to public safety, that damage could be irreparable."
'No win, no fee'
Cuts to the legal aid budget will also be included in the bill.
The BBC's legal affairs correspondent Clive Coleman said ministers want to cut £250m from its £2.1bn budget.
He said the government aimed to achieve this by taking a large number of cases such as divorces and family cases which do not have an element of domestic violence or forced marriage out of the scope of legal aid.
Instead ministers want to people to take up 'no win, no fee' agreements and to settle disputes through mediation.
Critics have said mediators would not be trained to spot things such as child abuse.