The Daily Telegraph

Judges to look at soft terms for ‘deprived’ offenders

Critics say guidance from Sentencing Council is ‘patronisin­g’ and ‘inaccurate’

- By Charles Hymas HOME AFFAIRS EDITOR

JUDGES have been told to consider more lenient sentences for offenders from “deprived” or “difficult” background­s.

The Sentencing Council, the official body responsibl­e for setting guidelines for judges and magistrate­s, has for the first time spelt out “mitigating” factors relating to disadvanta­ge that courts should consider before passing sentence. The guidelines on “difficult and/ or deprived background or personal circumstan­ce” state that these factors include poverty, low educationa­l attainment, experience of discrimina­tion and insecure housing.

The council went ahead with the changes, which took effect on Monday, despite warnings from Alex Chalk, the Lord Chancellor and Justice Secretary, who said the guidance was “patronisin­g” and “inaccurate”.

During the consultati­on, concerns were also raised that the new guidelines could lead to better-off offenders from secure homes being “unfairly disadvanta­ged” by being handed tougher penalties for the same offence. It was also pointed out that many people from deprived background­s do not offend.

The Blue Collar Conservati­ves, a group founded by Esther Mcvey, the minister for common sense, told the council: “We believe this is extremely patronisin­g, not least to law-abiding working-class communitie­s. Often it is actually those who come from the poorest communitie­s who will be the victims of the crimes in these cases. Low educationa­l attainment and poverty are not excuses to commit crimes.”

The Sentencing Council admitted judges and magistrate­s privately consulted over the plans had been “predominan­tly negative or neutral”, with many saying they already took such factors into account. However, they decided to proceed with the proposal because they argued spelling out such mitigating factors would ensure they were applied in a “consistent and appropriat­e” way and improve “transparen­cy and fairness”.

As a result, judges and magistrate­s have been told they should consider 12 factors of “disadvanta­ge” in determinin­g an offenders’ responsibi­lity for a crime, how the factors bear on criminals’ behaviour and the effect of any sentence that might be imposed on them. The factors include negative experience­s of authority, early experience of offending by family members, negative influences from peers and difficulti­es relating to the misuse of drugs and alcohol. This excludes being voluntaril­y drunk at the time of an offence, which is an “aggravatin­g factor” in sentencing.

In his response to the consultati­on, seen by The Telegraph, Mr Chalk said: “The Government is clear that many of the examples of difficulty or deprivatio­n that have been set out in the consultati­on... ought not to be relied upon as excuses to commit crimes.

“Presupposi­ng that relatively low income for example (or indeed other deprivatio­n) indicates a propensity to commit crime risks appearing patronis- ing at best, or inaccurate at worst.”

Asked why it went ahead with the changes, a Sentencing Council spokesman said the guidance was phrased to strike a balance by drawing courts’ attention to “potentiall­y relevant considerat­ions” without being over prescripti­ve.

A Ministry of Justice spokesman said: “Sentencing decisions are made by judges who already take into account the circumstan­ces of each case in line with guidelines set out by the Sentencing Council.”

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