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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 give prisoners who plead guilty at the earliest stage 50% off their jail sentences are to be dropped.Proposals to give prisoners who plead guilty at the earliest stage 50% off their jail sentences are to be dropped.
The controversial plan to extend the current 33% discount was part of sentencing reforms for England and Wales being published later.The controversial plan to extend the current 33% discount was part of sentencing reforms for England and Wales being published later.
The government had argued it could make the court system more efficient and reduce "unpleasantness" for victims.The government had argued it could make the court system more efficient and reduce "unpleasantness" for victims.
But the idea was attacked by victims' groups, some Tory MPs, Labour and tabloid newspapers.But the idea was attacked by victims' groups, some Tory MPs, Labour and tabloid newspapers.
The Sentencing and Legal Aid Bill, to be published later, is set to include other changes including cuts to the legal aid budget. Other reforms in the sentencing and legal aid bill, to be published later, include:
  • 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
  • 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
  • Mandatory prison sentences for some knife crimes
    •
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%. 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% - the idea had been subject to public consultation.
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. But it 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.
'Not a U-turn''Not a U-turn'
He said later he had used the wrong choice of words and said he was sorry to have caused upset.He said later he had used the wrong choice of words and said he was sorry to have caused upset.
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."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."
Downing Street denies any U-turn on sentencing, but that's getting off on a technicality.
Their defence? You can't reverse a policy until it is one.
Even so, Ken Clarke liked the idea of halving sentences for even serious crimes like rape, and has pointedly told MPs the Cabinet signed off the consultation.
Today the Government is backing away even more comprehensively than expected. Why?
The notion of 50% discounts on a sentence in exchange for an early admission of guilty has already been savaged-in-anticipation by Fleet Street's most read newspapers, it has divided opinion even among penal reformers and, crucially, polls suggest it would have angered and upset a large slice of the electorate.
Crime is consistently is the top two or three concerns among voters.
David Cameron - and this outcome was determined in Downing Street - has no intention of ceding ground to Labour on the issue of law and order if he can avoid it.
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 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".
Aides to Deputy PM Nick Clegg have denied newspaper suggestions he was overruled over the policy.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."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 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.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. 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".
Labour leader Ed Miliband said: "The public were rightly appalled that the government was proposing that people who committed rape should see their sentences cut by 50% and be let out within as little as 15 months.
"Now the prime minister has to ask how did he get himself into the position of making a proposal which wasn't thought through. It is yet another example of this government not being in touch with people and making proposals which they then have to abandon."
Mr Clarke had accused Mr 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.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."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."
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.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.
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. In these cases, the government wants people to use mediation. Ministers will expect people to fund clinical negligence cases through "no win, no fee" agreements, the BBC's legal affairs correspondent Clive Coleman said.