The big news story of last weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, those of 6 months or less.

Arguing for the need for reform, Rory Stewart MP told the Daily Telegraph Magazine:

“You bring somebody in for three or four weeks, they lose their house, their job, their family, their reputation.

They come (into prison), they meet a lot of interesting characters (to put it politely) and then you whap them on to the streets again.

The public are safer if we have a good community sentence… and it will relieve a lot of pressure on prisons.”

How effective are short prison sentences?

Short prison sentences are seen by many as ineffective.  They allow little if any time for rehabilitation and cause massive disruption to offender’s lives.  They result in even higher rates of repeat offending.

Supporters of the shorter sentence point to the salutary effects of a ‘short, sharp shock’ and community respite from offending.

This is one of those debates where there is at least some evidence to support all viewpoints.

I does, however, also generate debate on the broader question of what prison is for. Is it to deter, punish, rehabilitate or a combination of things? Or something else entirely?

Once we, as a society, work out what we seek to achieve by imprisonment we can then ask the question – does it work?

A recent case in point

Take a case in point also reported over the same weekend.  Two brothers were each imprisoned for three months following a conviction for perverting the course of justice.  Their case involved trying to evade penalty points for a road traffic offence.

Did the well publicised risk of imprisonment deter them? Clearly not.

Will it punish them? The answer to that is clearly yes, but if they then lose their jobs and homes, is it disproportionate?

Could we have imposed an altogether different and more worthwhile punishment, such as unpaid work in the community?

A refreshingly new approach to penal policy?

The answer to these and other questions concerning penal policy have been debated for a very long time, and traditionally, political parties have avoided any debate that has a flavour of being ‘soft on crime’.

So, it is refreshing to see a government minister willing to grapple with these complex issues, for the greater good.

Any change will require legislation so should not be expected for another 12 months or so, but in the meantime, it does allow advocates an opportunity to debate these issues with sentencing judges.

Maybe, just maybe, even the introduction of this debate might save some defendants from unnecessary and damaging short prison sentences. We shall certainly try.

Contact a criminal law specialist

Until there is any change in the law, everybody charged with an imprisonable offence may receive a short prison sentence depending upon the circumstances.

As a result, if you are arrested or know that the police wish to speak to you about any criminal offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

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