Under the plans produced by Clarke and his team at the Ministry of Justice, more dangerous criminals will be given life sentences for crimes other than murder.
Mandatory custodial sentences will also be available for both adults and 16-to-17 year-olds convicted of aggravated knife and offensive weapon offences.
The announcement follows the Government’s commitment to review the Imprisonment for Public Protection (IPP) sentence which was criticised for being confusing and difficult to understand.
Justice Secretary Ken Clarke commented: “The new regime will restore clarity, coherence and common sense to sentencing, rid us of the inconsistent and confusing IPP regime and give victims a clearer understanding of how long offenders will actually serve in prison.”
The new measures will be debated in the House of Commons next week and, if passed, will be added to the Legal Aid, Sentencing and Punishment of Offenders Bill (which is currently progressing through Parliament).
According to an official press statement, the new regime will include:
- mandatory life sentences – a ‘two strikes’ policy so that a mandatory life sentence will be given to anyone convicted of a second very serious sexual or violent crime (this will mean that mandatory life sentences can be given for crimes other than murder)
- extending the category of the most serious sexual and violent offences to include child sex offences, terrorism offences and ‘causing or allowing the death of a child’ so that the new provisions will apply to them
- the Extended Determinate Sentence (EDS) – all dangerous criminals convicted of serious sexual and violent crimes will be imprisoned for at least two thirds of their sentence, marking an end to the regime which allowed the release of these offenders at the half-way point
- offenders convicted of the most serious sexual and violent crimes in this category will not be released before the end of their sentence without Parole Board approval
- extended licence period – criminals who complete an EDS must then serve extended licence periods where they will be closely monitored and returned to prison if necessary (the courts have the power to give up to an extra five years of licence for violent offenders and eight years for sexual offenders on top of their prison sentence)
- mandatory custodial sentence for aggravated knife possession – 16 and 17 year-olds – but not younger children convicted of using a knife or offensive weapon to threaten and endanger will face a mandatory four month Detention and Training Order (DTO)
- the Government has already announced proposals for a mandatory six month sentence for adults convicted of the same offence
Clarke continued: “We intend to replace the widely criticised IPP system, which the public doesn’t have confidence in, with a new regime of tough, determinate sentences. Under our plans we expect more dangerous offenders to receive life sentences. Those getting the new Extended Determinate Sentence will have to serve at least two-thirds of it behind bars before release. We’re clear that there will be no automatic release before the end of the full sentence for the most serious cases.”
He went on to state: “We have already announced that we are bringing in an automatic prison sentence for any adults who use a knife to threaten and endanger. Clearly any extension of this sentence to children requires very careful consideration. However, we need to send out a clear message about the seriousness of juvenile knife crime, so we are proposing to extend a suitable equivalent sentence to 16-17 year-olds, but not to younger children.”
Courts to see sensitive intelligence
New proposals allowing secret intelligence to be used in courts have also been announced by Ken Clarke.
The Justice and Security Green Paper will ensure that the sensitivity of evidence does not prevent cases being heard in the courts – enabling justice to be done without compromising national security.
The paper also sets out proposals to reform how the security and intelligence agencies are overseen and scrutinised.
Civil cases have previously collapsed because vital evidence could not be given in a public courtroom for fear of compromising national security and public safety.
The new proposals will mean changes to civil court procedures so that courts can take account of more material, with safeguards in place to protect national security.
The Green Paper also includes proposals to modernise the Intelligence and Security Committee (ISC) – granting it increased powers and independence.
All facts of a case must be considered
Clarke commented: “For justice to be done and the rule of law to be upheld, courts should be able to consider all of the facts of the case. At the moment we’re not always getting at the truth because some evidence is too sensitive to disclose in open court.”
The Justice Secretary added: “The proposals in this Green Paper are based around the principles of rigorous, impartial and independent justice, fairness and proportionality. New measures will be balanced by enhanced safeguards and mechanisms to make sure that individuals’ rights are protected, the process remains fair and that justice can at last be done.”
The Green Paper Consultation will remain open until 6 January 2012.