Judges must be free to jail abusers and stalkers for longer
EXCLUSIVE: Abusive men and stalkers must be jailed despite the Government's plan to cut the use of short sentences, Justice Secretary Alex Chalk has declared.
Mr Chalk told the Daily Express that sending “cowardly” criminals to prison gives victims of domestic abuse “crucial time and space to rebuild their lives”.
This should include those who breach court orders for offences such as stalking, he said.
Yesterday the Ministry of Justice introduced a “presumption” against sentences of under a year to reduce the record number of prisoners behind bars.
It could result in as many as 37,000 thieves, drug dealers and other lower-level offenders avoiding prison.
Justice chiefs have confirmed that those convicted of attacking women will not walk free.
But Mr Chalk said: “Those who pose a danger to society must be locked up for as long as it is necessary.
“I know that for many victims of domestic violence or stalking, putting their abusers behind bars for short sentences can provide crucial time and space to allow them to rebuild their lives.
“And so, under our proposals, women will continue to be steadfastly protected.”
Domestic Abuse Commissioner Nicole Jacobs said it was “absolutely right” that a commitment had been made “to ensuring victims of domestic abuse do not lose out on the justice and protection they need in the upcoming Bill”.
She said domestic abuse victims should not have to go through the system “only to see their perpetrator given a community sentence which fails to hold them account and does not keep the victim safe”.
But Miss Jacobs urged the Government to go further, adding: “I want to see a specific exemption of perpetrators of domestic abuse and sexual violence from the presumption against short sentences.”
She said the probation service must also be better funded and trained to provide “robust pre-
sentencing reports, risk assessment and rehabilitative orders for domestic abuse perpetrators”.
Currently, there are 88,000 criminals locked up in England and Wales. The “operational capacity” of prisons is 88,943.
Comment by Alex Chalk
The first duty of any government is to keep people safe. That’s why last week we set out a package of reforms across the justice system to protect the public, reduce reoffending and deliver for victims.
At the heart of our plans is a commitment to keep the worst offenders behind bars for longer.
Through the Sentencing Bill, rapists can expect to spend their whole prison term behind bars.
And for the most horrific murders, which involve sexual or sadistic conduct, we are creating an expectation for judges to hand down whole-life orders, so life really will mean life.
We will also bring in a presumption for the courts to suspend short prison sentences of 12 months or less. Instead, offenders will face robust punishment in the community, repaying their debt alongside measures to tackle the root causes of crime.
There is no doubt, however, that those who pose a danger to society must be locked up for as long as it is necessary. I know that for many victims of domestic violence or stalking, putting their abusers behind bars for short sentences can provide crucial time and space to allow them to rebuild their lives.
And so, under our proposals, women will continue to be steadfastly protected.
In cases where criminals pose a significant risk of causing psychological or physical harm or have breached a court order, judges will retain full discretion to send them to prison immediately. This will mean cowardly abusers will continue to face the very real prospect of time in prison.
Taken together with the other measures in our Bill to ensure the worst offenders spend longer behind bars, I am sending a clear message that this Government is firmly on the side of victims.
Alex Chalk is the Lord Chancellor and Secretary of State for Justice.
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