9 to 5 prisons will 'make matters worse'

On community service - offenders may soon be "visiting" prison for the day

Jack Straw's idea of locking up petty offenders on a nine-to-five basis has been criticised by penal campaigners and experts.

On Tuesday, the home secretary floated the idea of day and weekend prison, which would allow convicts to maintain family life and even continue to work.

Mr Straw said he wanted a more flexible sentencing framework, which combined custodial and community-based punishments. Under the "day custody" scheme, offenders would be at a day centre for fixed periods, keeping them off the streets and out of trouble.

But Frances Crook, director of the Howard League for Penal Reform, said locking up non-violent offenders was a backward step for society.

The prison gates will open at the end of the day

"Jack Straw is creating a lynch mob mentality for low-level offences. Once you put these people in custody, you guarantee they will continue to offend," says Ms Crook.

She likened the idea to attendance centres, recently scrapped by the government, which were used to detain young troublemakers on Saturday afternoons.

And she said the concept of day custody was considered and dropped by the Conservative government 10 years ago.

Dr Andrew Coyle, director of the International Centre for Prison Studies, said the scheme would underline Britain's growing reputation for pursuing a harsh penal regime.

In England and Wales, the prison population has rocketed from about 40,000 a decade ago, to 65,000 today.

Upping prison numbers

"We already have one of the highest rates of imprisonment in Europe. The danger of these proposals is that you push more and more people into the prison system," says Dr Coyle.

"The evidence from many other countries is at best there's a tenuous link between levels of imprisonment and levels of crime in society."

Jack Straw wants a tougher regime

But Dr Coyle points out Britain is still a long way from the American model, where more than two million convicts are in custody. It would take a UK prison population of 300,000 to proportionality match the USA.

The idea of day and weekend custody is not wholly new - it echoes a similar practice in Holland.

But there the system of daytime and weekend custody is employed as a cushion for prisoners, helping them integrate back into society towards the end of a long sentence.

In effect, the plan is a reverse image of the open prison principle that allows convicts out of secure compounds for the working day and at weekends.

Mr Straw sees the day and weekend sentences as a possible way of dealing with multiple offenders and those who stray while serving probation orders and community service orders - together referred to as community sentences.

Tightening up

He said on Tuesday, community sentences - granted against petty offenders in lieu of a custodial sentence - were "inadequately enforced" and needed toughening up.

Jonathan Aitken at an open prison - a reverse of the day prison

The government has already put a lot of effort into tightening rules in this area. Recently it cut the number of chances allowed to those who break the conditions of a community sentence.

Under the rules of a community service order, offenders are expected to turn up at their place of work on time, be prepared to co-operate and show a willing attitude.

Similar conditions apply to those under probation orders, where convicted criminals must attend regular meetings with a probation officer.

Before 1 April this year, offenders who broke the rules of an order without good reason were allowed two warnings, before going back to court where they may face a custodial sentence. They are now allowed to default just once.

Plans are afoot for a further crackdown in this area, under the Criminal Justice and Court Services Bill, which is currently working through Parliament.

A clause in the bill removes the crucial step of a court hearing for offenders who break the rules of a community sentence. If the clause is carried into statue, those found breaking the rules will be locked away.