Reflections from Claire Waxman OBE
The Sentencing Bill introduced today makes significant changes to remand, recall, and sentencing; all of which will cause victims understandable concern, and impact their confidence in justice and public safety.
The rationale is clear: prison spaces are running out, and Government must act to prevent the collapse of the justice system. There is little choice but to reduce the number of offenders who go to prison, and there is an evidence base to show that prison sentences are not always the most effective way of reduce reoffending. Reform is clearly necessary and wise, however this cannot come at a cost to victims.
Under these new proposals, changes to recall will see most offenders released after 56 days, with limited exemptions. The concern for victims is that the vast majority of offenders – including many who commit stalking and domestic abuse – will get automatic release rather than being properly risk assessed by the Parole Board. This criteria should be strengthened to better protect these vulnerable victims, ensuring those who flagrantly breach protective conditions do not get automatic release.
The Sentencing Bill will also see a presumption against short prison sentences, meaning many who would otherwise serve sentences of under 12 months will instead serve in the community. Prison needs to remain an option for those who pose a risk to their victims or the public, and while I welcome that breaches of protective orders will still see offenders sent to prison, there need to be stronger exemptions. If this Government is serious about its ambition to halve violence against women and girls, it should ensure that victims of domestic abuse and stalking are protected, and recognise the role that prison plays in keeping them safe.
The Bill also sets out an entirely new ‘progression framework’, which will see most offenders released from prison just one-third of the way into their sentence. There will be understandable concern from victims, many of whose offenders are serving these ‘standard determinate sentences’. While poor behaviour in prison can see this time increased, Government must ensure that prisoners are given the opportunity to positively engage in rehabilitation and education if this model is to be a success. David Gauke clearly articulated the importance of this in his independent review.
With many prisoners to be released early, I welcome the planned expansion of tagging and the £700m investment in Probation which I hope will help to facilitate this. We know however that there are significant problems, with breakdowns in communication leading to tags not being fitted and victims left at risk. Government must ensure that these plans are properly resourced, and that the right processes are in place to ensure victims are protected. The onus should not be on victims to keep themselves safe from determined perpetrators.
Victims and survivors must be at the heart of justice reform, and while change is necessary to keep the wheels of justice turning, we need to ensure these proposals do not risk the safety of victims and the public. This is a time of understandably heightened concern for many victims, who need and deserve the support to both navigate the complex justice system and to cope and recover. Government must expand their programme of reform, investing the resources needed to transform and improve the experience of victims, ensuring they have the best quality support throughout their justice and recovery journey.
- Claire Waxman OBE, London's Victims' Commissioner