The
report, by leading academics, argues that the criminal justice system “should presume that in the majority of cases a custodial sentence will not be appropriate”.
It says prison is often not the best way to deal with criminal behaviour, based not just on reasons of cost-effectiveness, but also on social, moral and political grounds.
The
reportalso points out that the UK’s reliance on imprisonment is “acutely out of line with other comparable Western European countries”.
Sir Alan Beith MP, chair of the Commons justice select committee, has endorsed this new
reportfrom the
British Academy.
“It is right to question why we rely so heavily on imprisonment as a means of dealing with criminal conduct, and why it continues to be used in cases where strong research evidence indicates that prison is not necessarily the best way of reducing re-offending,” Sir Alan said.
“We need to understand why so many people, by which I mean both the public and politicians, value imprisonment as the key solution.
“People like strong sentences and locking people up, but they recognise that other things, such as drug treatment or better parenting, rather than building prisons, are more effective in reducing crime.
“The public want to be sure that crime is being taken seriously, but we need to demonstrate that there is more than one way of doing that.”
The
report, entitled
A Presumption Against Imprisonment Social Order and Social Values, says:
"Imprisonment is a very expensive practice. The financial cost to the public purse can be easily quantified. Alongside this sits a complex mix of further interdependent costs to which it is much harder to attribute a monetary value.
"These are the human costs faced by those who are imprisoned during their sentence and after their release; the costs faced by their dependents, family and friends; the costs faced by those who work in an increasingly pressured prison system; and the costs to society as a whole."
The prison population in England and Wales almost doubled between 1992 and 2011, rising from just under 45,000 to 88,000.
Although it has fallen back to about 85,500 today, it is estimated that by 2018 the prison population could reach more than 90,000. A similar increase has occurred in Scotland.
The academics conclude that the UK does not need to imprison so many offenders, or to do so for such long periods.
They suggest reviewing sentence lengths, using diversion from the courts more extensively and promoting greater use of alternative forms of punishment, and the creation of a Penal Policy Committee, accountable to Parliament, to formulate policies on the appropriate use of imprisonment.
There should also be a greater attention by the Sentencing Council to the costs and effectiveness of different forms of sentence and an urgent review of cases of Imprisonment for Public Protection in which the minimum term has been served, with a view to release.
Professor Antony Duff FBA, Chair of the
report's Steering Group, said:
“This
reportshows why imprisonment should play only a modest role in a decent, humane and efficient system of criminal justice, and suggests some practicable strategies towards that goal.”
Sir Alan Beith said all parts of the criminal justice system have had to cope with significant spending cuts, “yet it appears that the Government has shied away from using the need to make those cuts to re-evaluate how and where money is spent, and taking the public with them in doing so”.
He added: “For example, the
Academymakes several proposals for change that we considered in our own inquiry, including reviewing the use of out of court disposals, and increasing the availability of community-based mental health, drug and alcohol treatment.
“The justice select committee believes that this will require the Treasury to seriously question whether taxpayers’ money is used in ways most likely to reduce future crime and victimisation.”
Response to this article from Justice Minister Jeremy Wright MP
:
“This Government has no intention of downgrading any of the sentencing options available to the courts.
“The public rightly expect that criminals should have to stand before a judge and face spending time behind bars for serious offences. Since 2010 criminals are more likely to go to prison – and for longer. The maintenance of a safe, secure and decent prison environment remains a requirement.
“This Government has banned the use of simple cautions for serious or repeat offenders and toughened up community sentences to ensure they contain an element of punishment. Additionally, all offenders will be monitored in the community upon release.
“We agree that sentences should both punish and rehabilitate, and we continue to overhaul sentencing and the way we manage criminals both in custody and the community."