In a landmark speech he challenged the “polarising” view that there is only a choice between “soft” and “hard” justice, arguing that the focus should instead be on a system based on evidence of what actually works – “punishments that are punitive, for a purpose”.
The British Justice Secretary stressed he did not want to reverse tougher sentencing for serious crimes, but urged caution in continuing to increase sentence length as a response to concerns over crime.
Instead, he wants to ask fundamental questions such as whether the current approach to sentencing reduces crime and if prisons currently maximise the chances of rehabilitation or are there better alternatives.
“I think now is the time for us as a society, as a country, to start a fresh conversation, a national debate about what justice, including punishment, should look like for our modern times,” he said.
On sentencing, he said that the high rate of reoffending for those on sentences shorter than six months showed that “prison simply isn’t working”.
There was “a very strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, and put in their place, a robust community order regime,” he said.
He cited disrupted family lives when women went into custody and the loss of benefits and drug or alcohol support services.
Those given a community order are less likely to re-offend because these orders were “much more effective at tackling the root causes behind criminality”.
“I do not want community orders which are in any sense a ‘soft option’. I want a regime that can impose greater restrictions on people’s movements and lifestyle and stricter requirements in terms of accessing treatment and support. And critically, these sentences must be enforced,” he said.
Technology has a vital role in effective community orders, and pointed to the rollout of a GPS tagging programme to more effectively monitor offenders’ movements.
“Technology can monitor whether an offender has consumed alcohol, and enables us to be able to better restrict and monitor alcohol consumption where it drives offending behaviour.
We are testing the value of alcohol abstinence monitoring requirements for offenders on licence, building on earlier testing of its value as part of a community order.”
The Justice Secretary pledged to set out more detail on probation later this year, and stated that “if we want to successfully make a shift from prison to community sentences it is critical that we have a probation system that commands the confidence of the courts and the public.
“In thinking strategically about the future of our justice system I believe in the end there is a strong case for switching resource away from ineffective prison sentences and into probation. This is more likely to reduce reoffending and, ultimately, reduce pressures on our criminal justice system.
“I am determined to strengthen the confidence courts have in probation to ensure we can make this shift away from short custodial sentences towards more punitive and effective sanctions and support in the community,” he continued
Economic crime
Mr Gauke said he was looking not only at more effective punishment for those on short sentences, but also those convicted of more serious crimes such as fraud, where the custody rate has increased from 14.5% in 2007 to over 20% now.
He singled out how fraudsters – whose crimes can be “devastating” for victims – could return to their comfortable lifestyles after prison, but that this could be addressed through “a combination of technology and radical thinking”.
“After serving part of their sentence behind bars, we could, for example, continue to restrict an offender’s movement, their activities and their lifestyle beyond prison in a much more intensive way.
“And that could also mean a real shift in the standard of living a wealthy criminal can expect after prison.
“I want to look at how, once a jail term has been served, we can continue to restrict their expenditure and monitor their earnings, using new technology to enable proper enforcement.
“They would be in no uncertainty that, once sentenced, they wouldn’t be able to reap any lifestyle benefits from their crimes and would need to make full reparation to the community as part of the sentence,” he said.
Concluding Mr Gauke said “Prison will always play a part in serving as punishment for serious crimes and in rehabilitation, and our reforms will deliver that. But we need to think more imaginatively about different and more modern forms of punishment in the community. Punishments that are punitive, for a purpose.
“As with our approach to short sentences, ultimately, it’s about doing what works to reduce reoffending and make us all safer and less likely to be a future victim of crime.”
Reforms
The British Ministry of Justice has introduced a wide range of reforms since David Gauke was appointed Justice Secretary a year ago including a £70 million investment in safety, security and decency in prisons.
More than 4,300 prison officers have been recruited and there has been a significant focus on prisoner rehabilitation.
An education and employment strategy for prisoners was also launched last year. The Parole Board has been reformed to increase transparency and allow any seriously flawed release decision to be looked at again without the need for judicial review.
A victims’ strategy boosts services at every stage of the justice system.
A consultation on no fault divorce has also been launched.
A total of £5 million has been allocated for technical innovation in legal aid and £3 million to support litigants in person. Court processes are also moving online with a civil money claims service used for 37,000 claims since its launch in March. Divorce can also be applied for online.
A Prisons (Interference with Wireless Telegraphy) Bill enables mobile network operators to detect, block and investigate illegal phone use in prisons.
The UK’s Civil Liability Bill will ensure that compensation is capped for spurious or exaggerated whiplash claims.