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'Jail discount' for early guilty pleas to be dropped 'Jail discount' for early guilty pleas to be dropped
(about 1 hour 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 give prisoners who plead guilty at the earliest stage 50% off their jail sentences are to be dropped.
The idea was attacked by some Tory MPs and victims' groups - especially after it emerged it might apply to rapists. The controversial plan to extend the current 33% discount was part of sentencing reforms for England and Wales being published later.
Government sources had ruled that out, but the policy was expected to be retained for a number of lesser crimes. The government had argued it could make the court system more efficient and reduce "unpleasantness" for victims.
A sentencing bill, to be published later, is set to include other changes including cuts to the legal aid budget. But the idea was attacked by victims' groups, some Tory MPs, Labour and tabloid newspapers.
The bill is set to include: The Sentencing and Legal Aid Bill, to be published later, is set to include other changes including cuts to the legal aid budget.
  • 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
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  • 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
  • Prisoners will be made to work harder, longer, and pay more compensation to their victims
  • 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%. Up to last month ministers were talking about the possibility of extending the existing 33% "discount" on jail sentences in England and Wales 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, in an interview defending the notion that rapists could get a 50% discount, appeared 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. 'Not a U-turn'
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. He said later he had used the wrong choice of words and said he was sorry to have caused upset.
Labour say the plans to halve sentences were cost-driven and lacked public support. Ahead of the cabinet meeting on Tuesday, Mr Clarke said: "We've changed parts of it [the bill], both on Legal Aid and on sentencing but it's not a U-turn. It's a perfectly balanced package of radical reform which is very necessary and obviously I have to first of all discuss it in Cabinet and then explain it to my parliamentary colleagues."
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 had clashed with Conservative backbenchers over the policy - Tory backbencher Philip Davies had urged him to stand down as justice secretary so the party could "restore our reputation as a party of law and order".
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. Aides to Deputy PM Nick Clegg have denied newspaper suggestions he was overruled over the policy.
Sources close to Mr Clegg said: "It is not a case of Nick and Ken Clarke against the prime minister. He has been pretty realistic about this one and believes it's a very balanced package."
The government wants to cut the cost of the prison budget and reduce the number of people in prison in England and Wales by 3,000 by 2014. The Ministry of Justice is having its budget cut by 25% in real terms by 2014-15. The 50% discount proposal would have saved more than £100m.
The BBC understands that Mr Clarke will not be forced to find the money in his budget until later in the four-year spending review cycle.
Labour say the plans to halve sentences were cost-driven and lacked public support. Although it introduced the 33% discount while in government, the party said an extension to 50% - which had won the backing of penal reform campaigners - was "ludicrous". Mr Clarke had accused the Labour leader Ed Miliband of "bandwagon jumping" on the issue.
Peter Neyroud, a former police chief constable who was a member of the sentencing guidelines council when the current 33% discount was introduced, told BBC Radio 4's Today he had not seen the evidence for a 50% jail term discount.
He added: "From the public's point of view, 50% looks like an awful lot of a sentence you should have got and it seems to me it pushes the boundaries."
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."
'No win, no fee' Ministers also want to cut about £350m from the £2.1bn legal aid budget by taking a large number of cases, like divorces and family cases which do not involve domestic violence or forced marriage, out of the scope of legal aid.
The BBC's legal affairs correspondent Clive Coleman said ministers want to cut £250m from the £2.1bn legal aid budget. Instead ministers want to people to take up "no win, no fee" agreements and to settle disputes through mediation, the BBC's legal affairs correspondent Clive Coleman said.
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.
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.
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.
But the debate over their approach was dominated by the controversy over the 50% discount plan.
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".
Shadow justice secretary Sadiq Khan said letting people who could pose a threat out early may cause "irreparable" damage.