The LCJ Lord Philips is one more establishment figure to pursue the idea that "too many people are being jailed".Paradoxically however, the prisons are so full because felons are NOT being jailed. They are allowed to run up lengthy criminal records - I know I saw plenty in ten years on the Bench - without any danger whatsoever of being locked up. Enormously encouraged, they either increase offending levels or move up the scale and when jail becomes inevitable - it is then frequently a much longer sentence in Crown Court.
Lord Phillips fails to grasp that community penalties are only as good as the respect afforded to them by their consumers. How can he explain a criminal record with 12, 15 or even more 'second chances'? How can even three be justified? These may be in the form of CROs (probation), CPOs (work orders) DTTOs (Drug Treatment and Testing Orders), curfew orders and of course, the risible ASBO.
To make the system work EVERY breach of such an order must lead to custody. The community penalty itself MUST be viewed as a last chance. When ASBOs were first mooted, experienced JPs immediately said that the potential was excellent but that they would simply become another expensive white elephant. 100% of breaches were to be jailed. (Ha, ha.) By the time I trained for these in July 2004 it was around half of breaches escaped custody. Last I heard, it was 60% escaping prison and that figure is rising!.
I am sorry but the evidence that 'fear works' is unchallengeable. Present day criminals do not go to court shaking in their boots - and they should. Their victims are put in fear - but they are not.This is not justice. It is the perpetuation of an immoral system.
The basic misunderstanding of the out of touch liberals and hangers on, is in believing that "inside every criminal is a decent citizen who is struggling to get out." Naive, idealistic twaddle! We have created an amoral, criminal, parasitical underclass and then believe that they want to be as responsible as the majority of people undoubtedly are. Simply wrong. Crime pays. Never let us forget this point.
