UK Justice Policy Review FOCUS

1 UK Justice Policy Review FOCUS . Issue 6. Stopping short?' Sentencing reform and short prison sentences by Helen Mills [ ] there is a very strong case to abolish [prison]. sentences of six months or less altogether, with some closely defined exceptions, and put in their place, a robust community order regime. I believe [moving away from short prison sentences] is a balanced, considered and, crucially, evidence-based approach to sentencing Policy [ ] And I would hope that the next Prime Minister would continue with this reform agenda. Former Justice Secretary David Gauke Former Justice Secretary David Gauke 18 February 2019 18 July 2019.

2 Centre for Crime and Abolish' is not standard terminology for Justice 1. T. he case for reducing short prison sentences, as Justice Studies 2 Langley Lane secretaries talking about their intentions for it has been presented by various government London SW8 1GB. sentencing reform. The notion put forward in figures in the period January to July 2019. February this year, of taking a firmly established 2. T. he options for sentencing reform with the Centre for Crime and Justice Studies element of sentencing practice, questioning its intention to reduce short prison sentences and Date: August 2019. ISBN is 978-1-906003-75-3 value, and saying we should do something else the issues that arise from their implementation.

3 UK Justice Policy Review instead, seems a bold one. Not since Kenneth In particular, considering the evidence from FOCUS is a series that sits alongside the annual UK. Clarke's tenure in 2010, has there been a Justice Scotland about the impact of their presumption Justice Policy Review reports. It offers in-depth analysis of secretary who presented a reform agenda in against short prison sentences. criminal Justice Policy and sentencing intended to reduce the numbers data developments. 3. Assessing the potential impact various imprisoned. The views expressed in this sentencing reform scenarios would have, should document are those of the authors and not necessarily Six months on, the future of sentencing reform they be implemented, on their intended target those of the Centre for Crime and Justice Studies or The as a government agenda is, at best, uncertain.

4 Of prison receptions and the prison population. Hadley Trust. Will this Policy agenda survive the significant The Centre for Crime personnel changes of a new Prime Minster and 1. The case and Justice Studies is an independent educational charity that advances public a new ministerial team at the Ministry of Justice ? understanding of crime, Will it rise above or fly under the radar of our criminal Justice and social The case for the reform of short prison sentences harm. Through partnership distracted political times? and coalition-building, presented by Ministry of Justice ministers and advocacy and research, we work to inspire social Justice Whatever the answer to these questions and officials in various media interventions and, solutions to the problems society faces, so that many whatever the future of this Policy agenda, the parliamentary and public speeches in the first half responses that criminalise issues that have been highlighted over recent of 2019 can be boiled down to three justifications.

5 And punish are no longer required. months, in relation to sentencing reform and Short prison sentences: Registered charity restricting the use of prison, remain highly No. 251588. significant to those concerned with criminal 1. Do not work A company limited by guarantee Justice reform. It is these matters this briefing 2. Are fuelled by a use of prison for less serious/. Registered in England No. 496821 focuses on. Three main elements are covered less harmful lawbreaking for which there are here. better responses in the community 3. Create chaos and churn in the prison estate Reforming short prison sentences CENTRE FOR CRIME AND Justice STUDIES.

6 1. UK Justice Policy Review FOCUS . Issue 6. Not working Electronic monitoring is the likely key component of the punishment objective. Global Positioning On the first of these justifications, that short Systems (GPS) monitoring the location sentences do not work, as Justice Secretary, David requirements of those subject to curfews, was put Gauke had been clear that his key criteria for making this decision was what works to reduce reconvictions. in place in April this year. This followed changes to This approach, which he dubbed smart Justice ', increase the eligibility of Home Detention Curfews proposed reforming the Justice system based (HDC) for those subject to prison sentences of up on evidence about reducing reconvictions, not to four years.

7 Reforms to make criminal Justice harder' or Regarding the second sentencing objective, softer' or more pro-victim or pro-offender. rehabilitation; what may at first glance seem Ministers in the Ministry of Justice have cited the a progressive break with the past, on closer findings of a reconvictions study which showed inspection maintained an important continuation for matched offences, those subject to community of it: limited resources. In discussions about their sentences are less likely to be reconvicted than plans, additional resources in the community were those who received a short prison sentence (Mews et al., 2015).

8 Both the Justice and prisons a matter of ministerial hope rather than one of ministers have explained this difference by prison imminent address and guarantee: . sentence length, arguing a short prison sentence I believe in the end there is a strong case is long enough to be disruptive, but not long for switching resource away from ineffective enough to rehabilitate. prison sentences into probation. However, no wider strategy for implementing David Gauke, 18 February 2019, my this vision of reducing reconvictions has been announced. Chair of the Justice Committee, emphasis added Robert Neill, welcomed the progressive In terms of seriousness', politicians promising intention but criticised the government's lack that prison will be reserved for serious offences'.

9 Of coherent means of driving reform' ( Justice is a common reassurance when sentencing reform Committee, 2019). Particularly in the context of is proposed. What counts as serious' is a matter the department's limited current resources and of detail those same politicians usually do not task no clear commitments yet in place regarding the availability of future resources. Neill's calls for themselves with resolving. This seems to be the greater clarity and commitment about what this case thus far regarding restricting the use of short agenda might mean in practice have yet to be prison sentences. answered by government. Specific offence categories have been named as exempt from any potential restrictions introduced Serious lawbreaking to the use of short-term custody.

10 Violence against The second justification that has been given is that the person and sexual violence would be excluded short prison sentences are typically being used for from any potential plans. It has also been less serious/harmful lawbreaking for which there reported that knife-related lawbreaking may be are better responses in the community. Shoplifting excluded from any sentencing reform restrictions and non-payment of a television licence have both under pressure from the Prime Minister's Office been given as examples in this respect. Gauke advocated that in these instances, sentencing (Harper and Wheeler, 2019). Beyond this, it would aims of both punishment and rehabilitation can likely be a matter for the Sentencing Council to be more effectively carried out in the community define seriousness' in their guidelines and for than in a prison cell.