Blunkett tackles sentencing 'lottery'

Sentences vary widely from court to court

A new body to ensure magistrates courts across England and Wales hand out similar sentences for crimes has been announced by Home Secretary David Blunkett.

The move follows a Home Office survey which found wide geographical variations in punishments.

In some parts of England and Wales offenders are 10 times more likely to be sent to prison than in other areas.

Some sentencing variations

Numbers jailed on conviction of receiving stolen goods:

Reading: 3.5%

Greenwich: 48%

Woolwich: 48%

Mr Blunkett announced the initiative in a speech to the Justice Clerks' Society, in Cardiff, on Tuesday.

Under the scheme, magistrates will have to give reasons why they have not followed the sentencing guidelines.

A Home Office report found 3.5% of criminals convicted of receiving stolen goods in Reading are sent to jail, compared with 48% for the same offence in Greenwich.

In other reported variations, 20% of criminals convicted of house burglary are jailed on Teesside, compared with 41% for the same offence in Birmingham.

And community sentences are given to just 2% of drunk-drivers in Cirencester compared with nearly 25% in Hemel Hempstead.

Discretion

The announcement is ahead of the publication next month of his White Paper on reforms to the criminal justice system.

Another move expected to be unveiled in the White Paper is a new fast-track courts system for persistent youth offenders in 10 crime hotspots.

The new sentencing body will set sentencing guidelines including new minimum and maximum terms.

Magistrates will be able to use their discretion within the set bands.

All but the most serious of crimes are heard by magistrates.

Consistent sentencing is of course important, but uniform sentencing is nonsense

Simon Hughes
Lib Dems

They can impose jail terms of up to six months for each offence, as well as fines, community service orders and probation orders.

Some have already expressed concern at the plans, saying that they needed to use their "discretion" and "experience".

But the plans were greeted with enthusiasm by the chairman of the Magistrates Association, Harry Mawdsley.

He told BBC Radio 4's Today programme they already had guidelines for sentencing adopted by 95% of courts but statutory guidelines would be welcome.

But Liberal Democrat home affairs spokesman Simon Hughes said any move to uniform sentencing would be "nonsense".

"Consistent sentencing is of course important, but uniform sentencing is nonsense," he said.

'Flexibility'

"Mandatory sentences, which do not take full account of the defendant's history, the nature of the offences and general local circumstances are clearly unacceptable."

Shadow home secretary Oliver Letwin has already urged Mr Blunkett to tackle "defects" in law enforcement and sentencing.

Mr Letwin wrote to Mr Blunkett highlighting what he saw as several major problems, including a lack of transparency in sentencing.

He told the Today programme he would await the details of the plans.

While magistrates needed flexibility and discretion "massive inconsistencies" had to be avoided, he said.