Judges in England and Wales have been instructed to postpone the sentencing of convicted criminals who are currently on bail, including rapists and burglars, because of the severe overcrowding in prisons, according to a report by the Times.
The guidance was issued by Lord Justice Edis, the senior presiding judge for England and Wales, on a private call with senior crown court judges earlier this month. He reportedly ordered or strongly encouraged judges not to send anyone to jail who appears before them from Monday, unless they are already in custody or pose an immediate risk to the public.
The move has raised concerns about the safety of victims and the public, as well as the credibility of the justice system. One senior judge told the Times that the “biggest concern” was defendants charged with historic rape or rape of a child under 13 and other sexual assault, as even if convicted they were now likely to remain on bail.
The prison population in England and Wales reached a record high of more than 88,000 last week, close to the capacity of 88,667. The Ministry of Justice (MoJ) blames the coronavirus pandemic and last year’s barristers’ strike for the backlog of cases in the courts, which has increased the demand for prison places.
The MoJ has taken some measures to ease the pressure on the prison system, such as fast-tracking the refurbishment of empty cells, installing 1,000 rapid deployment cells in 18 jails across the country, and expanding the early release scheme for offenders serving under four years in jail who can be freed on electronic tags and subject to home curfews.
However, these measures have not been enough to prevent the crisis from escalating. The MoJ has also resorted to using 400 police cells to hold inmates as part of Operation Safeguard, an emergency plan that was last activated in 2007 when Tony Blair’s government ordered the early release of more than 1,500 prisoners before they had completed their sentences.
The MoJ has also said it would seek to rent prison cells in foreign countries to alleviate the squeeze in England and Wales, a move that has been criticised by human rights groups and prison reform campaigners.
The MoJ stresses that sentencing is a matter for the independent judiciary and that it is working hard to increase prison capacity and reduce the backlog. It also says that it is committed to protecting the public from serious offenders and ensuring that victims get justice.
However, some experts have questioned the government’s approach to criminal justice policy, which has been marked by a lurch to the right and a stream of announcements about tougher sentences for various offences. The president of the Prison Governors Association blamed the ministers for creating unrealistic expectations and failing to invest in alternatives to custody.
(With inputs from agencies)
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