The Daily Telegraph

Criminals on drugs ‘shouldn’t be jailed’

- By Gordon Rayner POLITICAL EDITOR

Criminals with drug, alcohol and mental health problems could avoid jail after ministers said short prison sentences were “ineffectiv­e”. David Gauke, the Justice Secretary, wants “vulnerable” offenders to be given community orders requiring them to undertake treatment instead of going to jail. But the scheme risks a backlash amid fears that criminals could play the system to avoid prison.

‘We need to do more to raise awareness and increase confidence in treatment requiremen­ts’

CRIMINALS with drug, alcohol and mental health problems could avoid jail after ministers branded short prison sentences “ineffectiv­e”.

David Gauke, the Justice Secretary, wants “vulnerable” offenders to be given community orders requiring them to undertake treatment instead of going to jail.

But the scheme, being piloted in several regions, risks a backlash from victim groups amid fears that criminals could play the system to avoid prison.

Under the initiative, psychologi­sts present in court assess offenders who could be eligible for a community order. Local panels of justice and health officials will provide informatio­n to magistrate­s and judges so they can determine the appropriat­e outcome.

The Ministry of Justice said the measures have already resulted in more Community Sentence Treatment Requiremen­ts (CSTRS) being issued. Government research has found less re-offending among those who undergo treatment.

Community sentences have long been controvers­ial. The Centre for Crime Prevention carried out a study in 2013 that concluded community penalties did not prevent reoffendin­g, as more than three quarters of criminals sent to jail at the time had at least one previous community sentence.

But Mr Gauke believes short-term prison sentences can lead to a cycle of reoffendin­g and that the public is better served by tackling the underlying causes of criminalit­y. Results from the trial sites will be assessed before a wider roll-out of the scheme in England.

In a speech today Mr Gauke will say: “We are all clear that we need to do more to support vulnerable offenders in the community… We need to do more to raise awareness and increase confidence in treatment requiremen­ts and I look forward to exploring how these sites progress.”

Since the pilot sites went live in Birmingham, Plymouth, Milton Keynes, Northampto­n and Sefton on Merseyside, initial figures suggest that more than 400 CSTRS have been issued.

District Judge Richard Clancy, lead judge at the Complex Case Court in Merseyside, which is part of the Sefton pilot scheme, said: “To have a trial scheme where the court has on-site psychologi­sts capable of testing suitabilit­y of a defendant for a mental health treatment requiremen­t, so that such a community order can be made by the judge on the same day without need for adjournmen­t, is a remarkable and innovative move which I fully support.”

Community sentences can include offenders being required to carry out unpaid work as well as attending centres for their addictions or health issues.

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