25th November 2010
The Policy Exchange has released a rather damning report on the current position and success of community sentences within England and Wales, suggesting a broad overhaul and reorientation.
The report acknowledges the increased use of the sanction will not halt in the present climate of budget cuts and governmental commitment to the reduction in the prison population.
They determined that the majority of the public believe the orders are ineffective and too soft, as a large majority of magistrates.
In order to alleviate this negative public opinion they feel there is a need to resolve existential issues around the purpose of these sentences; namely to a greater level of commitment to punishment within them, what they see as the primary principle of sentencing as written within legislation.
According to their research, underperformance of community sentences in regards completion and prevention of re-offending can be solved, or at least to some extent alleviated, with labour intensive hard work orders that have punishment as their “raison d’être”. This will also help convince the public of the value of these sentences.
Rehabilitation is still to play an important role but should not take precedence to the point that real punishment for the offence is excluded.
Where possible offenders imposed with such an order should work as many hours as possible, with strict sanction for breaching this, ranging from social welfare withdrawal to asset forfeiture.
Although the research seems overly pessimistic about the current position of community sentencing and advocates for a rather draconian overhaul of the present arrangement it does raise pertinent issues about the current debate surround non custodial sentencing. There is a necessity to challenge the public's perception of community orders in a way more meaningful than simply changing their title. It is imperative to do so if this alternative to imprisonment is stand the test of time. Similarly there is also a need for transparency in regard the role that both punishment and rehabilitation will play in an individual order.
Although the findings of the report are not entirely welcome they add necessary fuel to the current debate surrounding the issue.
Read more:
Respect for rights in the penal system with prison as a last resort.