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Criminal Law sentencing changes proposed by Kenneth Clarke
October 28 2011
It was announced on Wednesday evening that, under plans set out by Justice Secretary Kenneth Clarke, mandatory life sentences will be extended to crimes other than murder for the first time.
Anyone convicted of a second very serious sexual or violent crime in England and Wales would get an automatic life term under a new "two strikes" system.
Clarke said that around 20 people could expect to receive the new mandatory sentence aimed at those guilty of two sexual or violent offences each deserving 10 years or more in jail.
"They are people who, though they haven't committed murder, are pretty murderous," he told BBC Radio 4's Today programme. "It is probably just the skill of the medical profession stopping them from being in for murder."
Judges would still retain the discretion not to impose a mandatory sentence if it would be unjust to do so, he said, adding: "I find it difficult to imagine that anybody convicted of two such serious sexual and violent attacks wouldn't have been given life anyway."
A new offence for 16 and 17-year-olds of threatening with a knife would also carry a mandatory custodial term.Those convicted under the knife crime proposals would face four-month detention and training orders. Automatic jail terms are already planned for adults.
"Clearly any extension of this sentence to children requires very careful consideration," said Mr Clarke. "However, we need to send out a clear message about the seriousness of juvenile knife crime."
Ministry of Justice figures suggest between 200 and 400 teenagers aged 16 and 17 could be jailed every year for using a weapon to threaten others.
Mr Clarke is also proposing to scrap indeterminate sentences, introduced by Labour, which prevent offenders being freed until the parole board has ruled they no longer pose a danger to the public. Describing them as "failed", he said he wanted to bring in "more certain sentences".
Labour's shadow justice secretary Sadiq Khan said the plan "does not address the problem of unreformed offenders who have completed their sentence being released to commit crime and inflict harm on the public".
Further planned changes to the sentencing regime in courts include:
- 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, ending the release of these offenders at the halfway stage
- 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
- 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
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 going through Parliament