Injustice as criminals 'dodging' jail sentences because prisons are overcrowded

18 March 2023 , 20:47

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Victims and barristers are accusing the Government of failing the justice system. (Image: Corbis via Getty Images)

Criminals are “dodging” jail sentences because of overcrowding in prisons, critics warned today.

The worsening crisis has led to judges being advised to lock up fewer offenders – and now, victims and barristers are accusing the Government of failing the justice system.

Since the guidance earlier this month, a man who attacked a police officer walked free after his one-year jail term was suspended because of prison overcrowding. And a DHL delivery driver who stole £53,000 of parcels was spared jail time for the same reason.

Shadow Justice Secretary Steve Reed said: “It’s shocking that dangerous ­criminals are dodging jail because the Conservatives have trashed the ­criminal justice system.”

The UK prison population now stands at 84,180 – only 1,1000 below the 85,280 capacity, Ministry of Justice figures show.

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Shadow Justice Secretary Steve Reed (PA)

It prompted Appeal Court judge Lord Justice Edis to tell courts they should now have “an awareness of the impact of current prison population levels” following a warning letter from Justice Secretary Dominic Raab. But the move has sparked a backlash.

Rachel Almeida, assistant director at charity Victim Support, said: “Vital sentencing decisions should be decided on factors like protecting the public, rehabilitating offenders and delivering justice. Suspended sentences and community orders are appropriate in many cases but they should not be used because of the Government’s failure to invest in the criminal justice system.”

Last week burglar Jimmy Hilden, 33, of Ashford, Kent, was spared jail after assaulting a police officer and stealing £12,000 of electrical goods.

Jimmy Hilden was spared jail after assaulting a police officer and stealing £12,000 of electrical goods

Canterbury crown court Judge Catherine Brown cited the Court of Appeal’s ruling for taking the “exceptional course” of suspending his one-year sentence.

Salford-based courier Steven Black, 54, got a suspended 10-month sentence after admitting stealing parcels worth over £53,000 from a DHL depot. Liverpool crown court heard prison overcrowding was a factor in him avoiding jail.

Drug dealer Aaron Allen, 33, of Newbury, Berks, who admitted having cannabis worth £1,000 with intent to supply, was spared nine months’ jail, knocked down to 15 months suspended after Reading crown court heard about “the state of prisons”.

Barristers told us defence lawyers would use the crisis to argue against immediate prison sentences.

Steven Black outside Liverpool Crown Court (Lynda Roughley)

And Philip Stott, co-chair of the Bar Council’s legal services committee, said: “It is unacceptable the Government is not providing sufficient facilities to imprison those who the courts have ruled should be sentenced to prison.”

He added that the Budget was a “missed opportunity” to tackle chronic underfunding of the criminal justice system, including prisons.

Magistrates courts are also hit with permission given last May to jail people for up to a year cut back to six months.

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The Ministry of Justice said: “Prisons are not full. We are taking action to ensure we can continue to lock up the most dangerous offenders for longer by building 20,000 extra prison places and boosting temporary capacity to deal with the pressures caused by the pandemic and the barristers’ strike.”

Ben Turner