Robert Jenrick has blasted David Gauke’s sentencing review (Image: AFP via Getty Images)
The man leading Labour’s sentencing review has sensationally claimed jailing more criminals for longer “fails” victims.
Former Conservative Justice Secretary David Gauke, who is in April widely expected to call for more community sentences, said “politicians have operated in a vacuum” and repeatedly called for more to be locked up.
Mr Gauke has warned the public of a “fundamental shift” in sentencing, adding that justice chiefs have previously believed “the only form of punishment that counts is imprisonment”.
It is Labour’s clearest sign yet that it is softening its approach, as Mr Gauke added “prison is not the only form of punishment”.
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Former Justice Secretary David Gauke is reviewing sentencing for the Government (Image: Julian Hamilton/Daily Mirror)
Former Justice Secretary Robert Jenrick said: “Those on remand awaiting trial, plus foreign national offenders, make up roughly a third of the prison population. That’s far too high. Labour should be deporting foreign nationals and expanding court capacity instead of plotting to abolish short sentences.”
A shocking section of the report revealed how Mr Gauke has been told “crime makes up a disproportionate amount of news and social media reporting”.
The Lord Bishop of Gloucester added in his evidence that “this distorts public perception of the incidence of crime and the safety of our streets.”
The review by Mr Gauke has so far found that an “over-reliance” on a “tough on crime narrative and belief that longer incarceration is the only effective means of punishment has left the system overwhelmed and ineffective.”
The report, published overnight, claimed sentencing decisions have been “driven by societal views and a lack of public understanding which is influenced by the media and political desire to win votes without aligning changes to the purposes of sentencing.”
Justice chiefs have been grappling to avoid a law and order crisis behind bars. Prisons last year had just 80 cells left, meaning police could have had to stop arresting offenders.
Some 1,750 convicts were released under emergency measures to ease the overcrowding crisis behind bars.
Criminals were let out after 40% of their sentence, rather than halfway through, in a desperate bid to prevent the system spiralling out of control.
Making the case against longer sentences, the review said: “Despite the focus on longer sentences, the literature highlights that longer sentences do not necessarily encourage deterrence or better rehabilitation (for some offenders, longer prison terms increase their likelihood of reoffending).
“In fact, the evidence suggests that interventions and support during and after a sentence are arguably more important in reducing reoffending.”
It added: “As part of this fundamental shift, this review also provides an opportunity to reconsider the fundamental principles around notions of ‘punishment’.
“The Sentencing Council acknowledges that there are many aspects of criminal justice that offenders experience as punitive, even in the absence of sentences with deterrent intentions.156 For instance, the Sentencing Council notes that there is limited research into offender experiences of fines, and their perceived punitiveness.”
Chair of the Independent Sentencing Review David Gauke said: “Last year we were confronted with the consequences of decades of haphazard policy making and underinvestment in the criminal justice system – bringing it to the brink of collapse.
“For too long politicians have operated in a vacuum, increasing sentencing for individual crimes without considering the knock-on impact on the wider system. It is time to accept this does not deliver justice for victims, it fails them.”
Gauke added: “It is clear that in order to address the capacity issues we face, we must have an honest conversation about who we send to prison, and for how long.
“Punishment will always be a central aim of the criminal justice system, but it is not the only aim; and prison is not the only form of punishment.”
Ministry of Justice sources said it is too early to indicate what changes Justice Secretary Shabana Mahmood will agree to following Mr Gauke’s review.
The National Audit Office (NAO) has said current prison expansion plans are “insufficient to meet future demand” amid a projected shortage of 12,400 prison places by the end of 2027, with costs expected to be at least £4 billion higher than initially estimated.
The watchdog also said the then government’s 2021 pledge to create an extra 20,000 cells spaces by building more prisons, temporary wings and refurbishing existing cell blocks is now not expected to be met until 2031 – around five years later than promised.
As of September, a third (6,518) of the 20,000 had been made available, according to the NAO. Reasons behind delays include “unrealistic timelines” and overestimating the ability to get planning permission for three out of the six new prisons due to be built.
The plans are now expected to cost between £9.4 billion and £10.1 billion – least £4.2 billion more than 2021 estimates amid a rise in construction prices, the report said.