8 Jun 2011

Controversial justice reform plans could be scrapped

Justice Secretary Kenneth Clarke’s plans to reform the justice system, including proposals to halve sentences for those who plead guilty early, are set to be shelved.

Justice Secretary Kenneth Clarke may have to rethink his plans to reform the justice system

Downing Street has maintained it has “massive respect” for Mr Clarke, but a report in the Times said that David Cameron held a meeting with the Justice Secretary on Tuesday to discuss the reforms.

The Prime Minister is believed to have ordered Mr Clarke to think again following a major backlash over proposals he has championed for halving serious criminals’ jail time. The changes to sentencing rules have been seen as a vote-loser by senior Conservatives.

The prison population stands at a record high of 85,086, with prisons in England and Wales operating at 111 per cent of capacity. Currently criminals can cut their sentence by a third if they plead guilty early.

Prison reform group the Howard League for Penal Reform told Channel 4 News it hopes the apparent U-turn does not mean prison reform plans are “quashed”.

A spokesperson said: “We did not throw our weight fully behind these proposals.

“Without more detail on the table, and the green paper was short on policy detail, it was difficult to say the sentencing discount was the right approach and whether it should apply for all offences.

“The group also points out that the green paper on system reform indicates sentences would only end up being cut by up to 34 per cent – nowhere near the 50 per cent suggested.”

Read more: FactCheck - who benefits from 50 per cent 'discounted' jail terms?

Abolish short-term sentences

The Howard League called on the Government to look at other ways to resolve overcrowding

Ken Clarke must be courageous in sentencing reform and push through legislation that will bring the prison population down. We must stem the flow of those entering the prison estate in the first instance.

“The best way of doing that would be to abolish the use of short term prison sentences.

“They have extremely high re-offending rates; people aren’t in there long enough for anything meaningful to happen.”

Kenneth Clarke caused outrage and prompted calls for his resignation when he appeared to suggest that not all offences of rape are equally serious. Speaking on BBC Radio, he declared that in terms of sentencing there was a distinction between “date rape, 17-year-olds having intercourse with 15-year-olds” and “serious rape, with violence and an unwilling woman”.

Later, however, Mr Clarke clarified his remarks saying: “I’ve always said that all rape is serious and I have no intention of changing the sentencing guidelines on rape, which always attracts serious imprisonment and quite rightly.”