Women convicts should be sent to residential centres in the community instead of being locked up to ease the prison population crisis, a new report suggests.
Policy Exchange—a British think tank—said sentencing female offenders outside of the prison estate would not only create space for more dangerous criminals, but also lead to higher rehabilitation rates.
According to the report, written by former Metropolitan Police Detective Chief Inspector David Spencer, women are “far less likely to be prolific offenders” and more likely to have committed non-violent offences compared to men.
It also states that two-thirds of women who end up in custody have been victims of domestic violence with “offending often linked to that abuse.”
In a recommendation to government, Mr. Spencer said the Ministry of Justice (MoJ) should “accelerate” previous proposals to open residential centres—exclusively for female offenders—which should be run “in partnership with a social enterprise rooted in the local community.”
‘Public Safety Time Bomb’
“Wicked and Redeemable”—published on Saturday—also reveals how more than half of all criminals with at least 45 previous convictions are spared jail, despite British prisons at dangerous capacity levels.
It said “hyper-prolific offenders” were found guilty of almost 10,000 offences last year, but just 47 percent received an immediate custodial sentence, with some receiving no substantive punishment at all.
Data analysed by Policy Exchange also revealed that “prolific offenders”—those with at least 16 previous convictions—were only jailed in a quarter of cases.
The report revealed how in one case, a prolific sex offender with more than 100 previous convictions was let off with a suspended sentence despite being found guilty of a further 15 child sex offences.
In another case a man from Gateshead with 343 previous convictions, was given a community order after being found guilty of 10 further theft offences.
Analysis of the data around hyper-prolific offenders—those with more than 45 convictions—revealed that in the year to December 2022, 11 percent received community sentences, 13 percent were fined, 11 percent were given suspended sentences, and 7 percent received a conditional discharge.
It said lengthy times to charge offenders alongside predictions that the UK’s prison population will soon exceed capacity has made the criminal justice system a “public safety time bomb.”
Mandatory Jail Time
The report also recommends that the law is changed to ensure offenders who repeatedly end up before the courts are sent to prison.A mandatory minimum two-year jail sentence should be handed out to adult hyper-prolific offenders, with more sentencing powers given to magistrates courts which are more likely to deal with repeat offenders.
Mr. Spencer, who is now head of crime and justice at Policy Exchange, said: “There are a group of offenders who are, despite their hyper-prolific offending which causes misery to the victims and communities, regularly avoiding prison sentences.
“It cannot be right or fair on the law-abiding public to have to tolerate this level of law-breaking by the same individuals time and again.
“Parliament must legislate so the courts sentence these individuals to prison when convicted. This would protect the public and provide the opportunity for these offenders to do the work that would lead them to being less likely to offend on release.”
Former Chief Inspector of Prisons Peter Clarke, who wrote the foreword to the report, said that despite most crimes being committed by a “relatively small proportion” of offenders, havoc, damage, and distress is caused within the communities where they live.
“At the moment there is little in place to help set them on a better path,’ he said.
“The Criminal Justice System is failing to protect the public from the depredations of these prolific offenders. It is also failing the many offenders who would like to turn their lives around but need help in order to do so.”
The report also highlights the growing backlog in the justice system, revealing that the median length of time to charge suspects has tripled over the last seven years from 14 days to 44 days.
Responding to the report, an MoJ spokesperson said: “While sentencing is a matter for independent judges, we have toughened up punishments for the worst offenders including ending the automatic halfway release for serious and violent criminals and ensuring their stricter management in the community to keep the public safe.
“Average custodial sentence lengths have increased by 48 percent over the last decade.”
King on Crime
The report was published just days before Prime Minister Rishi Sunak put law and order at the centre of the King’s Speech.On Tuesday, King Charles announced tougher sentences for the most serious criminals and measures to force offenders to appear in the dock among those to feature in the government’s plans for the year.
Other plans include a bill, covering England and Wales, to implement past promises to ensure offenders who commit murders with sexual or sadistic motives will spend the rest of their lives in prison.
A separate bill will introduce tougher sentences for grooming gang members and those who murder their partner at the end of a relationship.
The Criminal Justice Bill will also include measures to make clear “reasonable force” can be used to make criminals appear in the dock—with offenders who refuse given two extra years in prison.
Ministers announced plans for such a law earlier this year, following high-profile cases of offenders refusing to appear for their sentencing such as serial baby killer Lucy Letby.
The bill will also give police the power to enter a building without a warrant to seize stolen goods if they have reasonable proof that the item is inside the property—for example, by a stolen mobile phone which is broadcasting its position.
Labour said the government had just repackaged previously announced ideas.
