Britain’s leading criminal judges warn that a shake-up of sentencing guidelines could push prison overcrowding to crisis levels.
They fear that the Sentencing Council, which comes into force next month with the aim of bringing more consistency to courts, will not curb judges’ use of custody, as hoped, but actually increase it.
The Council of Circuit Judges, which represents 600 judges in England and Wales, told The Times that they would be left with no freedom to fit punishments to the specific circumstances of a case. They fear that cuts to rehabilitation programmes will leave judges with no option in some cases but to jail offenders.
Judge Keith Cutler, vice-president of the Council of Circuit Judges, said that the Sentencing Council requires that judges “must follow” guidelines, rather than “take account” of them.
It seems to me that there is some confusion here. Guidelines allow for discretion, whereas directions are mandatory and must be followed.
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