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| Top judge attacks sentencing laws | Top judge attacks sentencing laws |
| (40 minutes later) | |
| Prison overcrowding is at a critical level because of the government's sentencing policy, the Lord Chief Justice of England and Wales has said. | 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." | |
| He said legislation forcing judges to give longer terms had worsened things. | |
| Justice Secretary Jack Straw welcomed his comments, while the Tories said they showed the system could not cope. | |
| The Ministry of Justice has said more prison places are being built to offset 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. |
| Jails were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two, he added. | Jails were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two, he added. |
| 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 | |
| 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 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. |
| "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 said. | "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. " |
| 'Grossly overcrowded' | |
| 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." | |
| 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 Reform | 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 Reform |
| The Howard League for Penal Reform's Andrew Neilson said Lord Phillips' speech had been a coded attack on the policies of successive governments. | |
| 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. |
| 'More places' | |
| 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." |
| 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, 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. | 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. |