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PM defends 'tough' riot sentences handed out by courts PM defends 'tough' riot sentences handed out by courts
(40 minutes later)
  
Prime Minister David Cameron has defended courts for handing out tough sentences for those involved in the riots across England.Prime Minister David Cameron has defended courts for handing out tough sentences for those involved in the riots across England.
MPs and justice campaigners say some sentences dealt to the 1,277 people who have appeared in court are too harsh. Some MPs and campaigners say some sentences dealt to the 1,277 people who have appeared in court are too harsh.
On Tuesday two men were jailed for four years for using Facebook to incite riots and another was given 18 months for having a stolen TV in his car. On Tuesday two men were jailed for four years for using Facebook to incite riots. One of them, Jordan Blackshaw, 21, is to appeal against his sentence.
But the PM said it was good that the courts were sending a "tough message".But the PM said it was good that the courts were sending a "tough message".
Speaking in Warrington, he said: "It's up to the courts to make decisions about sentencing, but they've decided to send a tough message and it's very good that the courts feel able to do that."Speaking in Warrington, he said: "It's up to the courts to make decisions about sentencing, but they've decided to send a tough message and it's very good that the courts feel able to do that."
But the former chair of the Criminal Bar Association, Paul Mendelle QC, told BBC 5 live: "When people get caught up and act out of character, in a similar way, there is a danger that the courts themselves may get caught up in a different kind of collective hysteria - I'm not suggesting violence or anything like that - but in purporting to reflect the public mood actually go over the top and hand out sentences which are too long and too harsh." Blackshaw, 21, of Marston, Cheshire, and Perry Sutcliffe-Keenan, 22, of Warrington, also Cheshire, were jailed for four years each after admitting using Facebook to incite disorder, although none actually resulted.
More than 2,770 people have been arrested in connection with last week's riots. Defence solicitor Chris Johnson said Blackshaw and his family "are somewhat shocked by the sentence and he will be appealing".
The Recorder of Chester, Judge Elgan Edwards, said he hoped the sentences, which carried maximum sentences of 10 years, would act as a deterrent to others.
Meanwhile a 17-year-old from Suffolk has been banned from using social networking sites for 12 months and ordered to observe a three month overnight curfew for using Facebook to encourage people to riot during last week's disorder.
Andrew Neilson, of the Howard League for Penal Reform, said: "A four-year sentence would normally be associated with offences such as holding someone up at knife point, grievous bodily harm, sexual assault, and I'm not sure that the offence in question was really related to those types of offences."
He added that over-sentencing would see more appeals and that the courts and prisons would struggle to cope.
The courts and tribunals service says legal advisers in court have been advising magistrates to "consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder".
Magistrates are able to refer cases to crown courts which have tougher sentencing powers.
A spokeswoman for the service said magistrates were independent and did not have to take direction from their legal advisors who are themselves independent of government.
The former chair of the Criminal Bar Association, Paul Mendelle QC, told BBC 5 live: "When people get caught up and act out of character, in a similar way, there is a danger that the courts themselves may get caught up in a different kind of collective hysteria - I'm not suggesting violence or anything like that - but in purporting to reflect the public mood actually go over the top and hand out sentences which are too long and too harsh."
'Feverish atmosphere'
BBC legal correspondent Clive Coleman said what people were going to find troubling was the discrepancy in sentencing.
He said an 18-year-old was imprisoned for one day for stealing two Burberry t-shirts while in another court, a 23-year-old man was sentenced to six months in prison for stealing £3.50 worth of water.
"There is always a discrepancy in sentencing around the country, although we try to make it as consistent as possible. I think this intense, feverish atmosphere that we've seen has magnified that somewhat," he said.
In another case, David Beswick, 31 from Salford was sentenced to 18 months in prison for handling stolen goods.
Our legal correspondent said under normal circumstances Beswick would have been given a mid-range community sentence.
His friend Tony Whitaker said the punishment was disproportionate, given that he had pleaded guilty straight away.
Communities Secretary Eric Pickles told BBC Radio 4's Today programme: "We need to understand that people for a while thought that this was a crime without consequence - we cannot have people being frightened in their beds, frightened in their own homes for their public safety.
"That is why these kind of exemplary sentences are necessary. I think people would be rightly alarmed if that incitement to riot got off with just a slap on the wrist."
So far, more than 2,770 people have been arrested in connection with last week's riots.
By Tuesday afternoon, 1,277 suspects had appeared in court and 64% had been remanded in custody. In 2010 the remand rate at magistrates for serious offences was 10%.By Tuesday afternoon, 1,277 suspects had appeared in court and 64% had been remanded in custody. In 2010 the remand rate at magistrates for serious offences was 10%.
On Wednesday, the Metropolitan Police announced that it has charged 1,005 people after 1,733 arrests over the rioting that swept through the capital. The force has a target of 3,000 convictions.On Wednesday, the Metropolitan Police announced that it has charged 1,005 people after 1,733 arrests over the rioting that swept through the capital. The force has a target of 3,000 convictions.
The force's Acting Commissioner Tim Godwin said the investigation was "far from over".The force's Acting Commissioner Tim Godwin said the investigation was "far from over".
The courts and tribunals service says legal advisers in court have been advising magistrates to "consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder". Magistrates are able to refer cases to crown courts which have tougher sentencing powers.
A spokeswoman from the service said magistrates were independent and did not have to take direction from their legal advisors who are themselves independent of government.