Top judge attacks sentencing laws
The problem, he said, was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs."I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy."
He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown.
"If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips continued.
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Top judge attacks sentencing laws
| Lord Phillips called for more community punishments |
Speaking at a Howard League for Penal Reform event, Lord Phillips said UK jails were "full to capacity", adding: "We simply cannot go on like this."
He said legislation introduced in 2003 forcing judges to impose longer sentences had made the situation worse.
Justice Secretary Jack Straw welcomed his "important contribution".
'Not foreseen'
Lord Phillips told the audience that between 200 and 300 prisoners a night were being held in police cells in England and Wales because prisons were full.
f you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him
Lord Chief Justice
Jails, he said, were forced to close their doors to new admissions, with cells designed for one prisoner having to accommodate two.
The problem, he said, was that consequences of the 2003 Criminal Justice Act - which led to longer sentences for murder and other serious crimes - had not been foreseen by ministers and MPs.
He added: "Unless parliament is prepared to provide whatever resources are necessary to give effect to the sentences that judges choose, in their discretion, to impose, parliament must re-examine the legislative framework for sentencing.
"I do not believe that these simple propositions have been fully appreciated by those responsible for formulating criminal policy."
He called for more emphasis on fines and community rehabilitation as well as increased effort to tackle family breakdown.
"If you decide to lock up one man for a minimum term of 30 years, you are investing £1m or more in punishing him," Lord Phillips continued.
"That sum could pay for quite a few surgical operations or for a lot of remedial training in some of the schools where the staff are struggling to cope with the problems of trying to teach children who cannot even understand English. "
Justice Secretary Jack Straw, said: "I welcome this significant speech.
"It makes an important contribution to a matter of great public interest."
Nick Herbert, the Conservative justice spokesman, said that the government had not paid attention to prison levels when setting the sentencing framework.
He added: "We are now paying the price with grossly overcrowded prisons that do not rehabilitate offenders, rising reconviction rates and panic early release measures."
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