Keeping Criminals out of Jail

Substantial concern as been raised of late, in the national press and by the Magistrates’ Association, about the new code
read it here
for Crown Prosecutors which, for the first time since 1992, introduces a “proportionality test” in deciding whether the CPS should prosecute an offender.

Keir Starmer QC, the director of public prosecutions, is reported as saying that the new “proportionality test” would bring in “a common sense approach to prosecutions" but many magistrates have raised concerns that it will lead to more and more cases being dealt with by a police caution, or not being taken through the criminal justice system at all.

That this is all to do with money is made clear in the Code  as prosecutors must now consider whether it would be in the public interest to bring charges by assessing “whether prosecution is proportionate to the likely outcome”. 
Factors including the cost and likely length of any trial will also have be considered, along with any potential sentence the suspect might get if convicted.
Prosecutors will now have to consider “the cost to the CPS and the wider criminal justice system, especially where it could be regarded as excessive when weighed against any likely penalty”.
(Excessive by what criteria one wonders).

This new method of keeping offenders out of jail comes after Ministry of Justice figures showed that thousands of criminals are let off with a caution each year, a figure certain to rise as a result of the new code.

John Fassenfelt, Chairman of Council of the Magistrates’ Association has said that Ministry of Justice figures showed that one in four criminals responsible for violent crime were let off with a caution last year, along with one in five sex offenders and one in 10 burglars. In total more than 14,000 violent criminals, 1,400 sex offenders and 2,900 burglars avoided court in this way.
This comes on top of Ministry of Justice figures showing that the number of repeat offenders with at least 15 previous convictions or cautions rose by a third last year to 108,119 and that a total of 68,100 of those convicted of a serious offence avoided jail with 16,111 being fined and 20,879 receiving a community sentence, all substantial increases on last year.

Peter Cuthbertson, chief executive of the Centre for Crime Prevention, is reported to have said:
“Since the financial crisis began, the courts have failed to lock up an increasing number of serious, repeat offenders. Tens of thousands of repeat offenders are instead receiving fines, community service or a fully suspended sentence for crimes such as violence against the person, theft and sexual offences.” 

Nick de Bois, a member of the Commons Justice Select Committee, reportedly said: “What do these people have to do before they are taken off the streets and not allowed to re-offend?” 

A Ministry of Justice spokesman said  that the figures were “highly selective” (? they’re his figures remember) and that:
"Criminals should be in no doubt they will be punished for their crimes and those who commit the most serious offences will receive severe sentences." 

Well it certainly doesn't look that way. Cautions, fines, community and suspended sentences have all showed substantial year-on-year increases; the number of repeat offenders just keeps going up and up and now cost will be one of the deciding factors in whether the CPS even bother to prosecute criminals.
Court lists show an ever-decreasing workload (ie the number of criminals brought before us) and Sentencing Guidelines restrict the use of prison sentences. Those that are sent to prison only serve, at most, half their sentences and new provisions now mean that even if, once released, they continue to offend they won't be recalled to jail.
It's a sorry tale of Governments being focussed on saving money to spend willy-nilly on high speed trains and overseas aid and not on carrying out their most basic and fundamental duty, protecting the public.