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Top judge attacks sentencing laws Top judge attacks sentencing laws
(10 minutes later)
The government's sentencing policy has forced overcrowding in jails to critical levels, the Lord Chief Justice of England and Wales has warned. Prison overcrowding is at a critical level because of the government's sentencing policy, the Lord Chief Justice of England and Wales has said.
Speaking at a Howard League for Penal Reform event, Lord Phillips said UK jails were "full to capacity", adding: "We simply cannot go on like this."Speaking at a Howard League for Penal Reform event, Lord Phillips said UK jails were "full to capacity", adding: "We simply cannot go on like this."
He said legislation introduced in 2003 forcing judges to impose longer sentences had made the situation worse.He said legislation introduced in 2003 forcing judges to impose longer sentences had made the situation worse.
Justice Secretary Jack Straw welcomed his "important contribution".Justice Secretary Jack Straw welcomed his "important contribution".
The Ministry of Justice has said more prison places are being built to off-set overcrowding. The Ministry of Justice has said more prison places are being built to offset overcrowding.
'Not foreseen''Not foreseen'
Lord Phillips told the audience that between 200 and 300 prisoners a night were being held in police cells in England and Wales because prisons were full.Lord Phillips told the audience that between 200 and 300 prisoners a night were being held in police cells in England and Wales because prisons were full.
If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him Lord Phillips of Worth MatraversLord Chief Justice Profile: Lord Chief Justice If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him Lord Phillips of Worth Matravers,Lord Chief Justice Profile: Lord Chief Justice
Jails, he said, were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two. Jails were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two, he added.
The problem, he said, was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs. He said the problem was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs.
He added: "Unless parliament is prepared to provide whatever resources are necessary to give effect to the sentences that judges choose, in their discretion, to impose, parliament must re-examine the legislative framework for sentencing. "Unless Parliament is prepared to provide whatever resources are necessary to give effect to the sentences that judges choose, in their discretion, to impose, Parliament must re-examine the legislative framework for sentencing.
"I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy.""I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy."
He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown.He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown.
"If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips continued. "If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips said.
"That sum could pay for quite a few surgical operations or for a lot of remedial training in some of the schools where the staff are struggling to cope with the problems of trying to teach children who cannot even understand English. ""That sum could pay for quite a few surgical operations or for a lot of remedial training in some of the schools where the staff are struggling to cope with the problems of trying to teach children who cannot even understand English. "
'Significant speech''Significant speech'
The Howard League for Penal Reform's Andrew Neilson said the speech had been a coded attack on the policies of successive governments. The Howard League for Penal Reform's Andrew Neilson said Lord Phillips' speech had been a coded attack on the policies of successive governments.
Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them Howard League for Penal ReformPoliticians need to be prepared to defend community sentences to the media and the public in general and build confidence in them Howard League for Penal Reform
Mr Neilson told BBC News: "Suddenly, he said that the consequences of sentencing policy have not been fully appreciated by those responsible for formulating criminal justice policy - which is top judge code for criticising the government."Mr Neilson told BBC News: "Suddenly, he said that the consequences of sentencing policy have not been fully appreciated by those responsible for formulating criminal justice policy - which is top judge code for criticising the government."
He said the league agreed there needed to be more emphasis on community sentences "if they're to work effectively, as they can do".He said the league agreed there needed to be more emphasis on community sentences "if they're to work effectively, as they can do".
"Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them," he added."Politicians need to be prepared to defend community sentences to the media and the public in general and build confidence in them," he added.
Justice Secretary Jack Straw said: "I welcome this significant speech.Justice Secretary Jack Straw said: "I welcome this significant speech.
"It makes an important contribution to a matter of great public interest.""It makes an important contribution to a matter of great public interest."
'More places''More places'
Nick Herbert, the Conservative justice spokesman, said that the government had not paid attention to prison levels when setting the sentencing framework. Nick Herbert, the Conservative justice spokesman, said the government had not paid attention to prison levels when setting the sentencing framework.
He added: "We are now paying the price with grossly overcrowded prisons that do not rehabilitate offenders, rising reconviction rates and panic early release measures."He added: "We are now paying the price with grossly overcrowded prisons that do not rehabilitate offenders, rising reconviction rates and panic early release measures."
The Ministry of Justice says that, since Labour came into power in 1997, there are 20,000 more prison places - 3,100 of which were built in the last two years.The Ministry of Justice says that, since Labour came into power in 1997, there are 20,000 more prison places - 3,100 of which were built in the last two years.
Earlier this year, John Reid, as home secretary, announced proposals to build two new prisons - in Maghull, near Liverpool, and next to Belmarsh prison in Woolwich, south-east London - to provide an additional 1,300 spaces. Earlier this year, John Reid, the then home secretary, announced proposals to build two new prisons - in Maghull, near Liverpool, and next to Belmarsh prison in Woolwich, south-east London - to provide an additional 1,300 spaces.
They form part of plans to provide an extra 8,000 cells over five years.They form part of plans to provide an extra 8,000 cells over five years.