Tuesday, March 11, 2008

UK: This is so ridiculous I don't know where to start

Crime: Now we go even softer.

CROOKS who target the elderly could avoid prison and get away with just a community order, Britain’s most senior judge said yesterday.

They could avoid being locked up if there are “mitigating circumstances”, under new sentencing guidelines proposed by the Lord Chief Justice, Lord Phillips.These include thieving to feed a drug addiction, gambling habit or drink problem – which means junkies who prey on the vulnerable could get softer punishments.

And a maximum jail term of just three years was proposed for theft with force or intimidation against a vulnerable person – though seven years is the highest punishment allowed under law.


Critics last night attacked the new plans from the Sentencing Guidelines Council, which is chaired by Lord Phillips.

Retired judge Keith Matthewman, QC said the proposals should not stop judges handing out proper punishments. “Anyone who preys on the elderly should be facing the prospect of prison,” he said.

Justice Secretary Jack Straw also sparked outrage yesterday after trying to blame court “over-reaction” to high-profile crimes for Britain’s prison overcrowding crisis. He urged judges to remain calm in the face of public outcries, in a clear indication that he believes some courts have been too harsh and fewer crooks should be jailed.

He and Lord Phillips have already faced criticism for saying too many criminals are put behind bars.

Lyn Costello, of Mothers Against Murder and Aggression, said yesterday: “These are not minor crimes. Sentencing has to make sense, and crimes against the person must be treated as the most serious, especially against the vulnerable.”

Shadow Justice Secretary Nick Herbert said: “People will be uncomfortable with the idea that professional thieves who prey on the vulnerable may only receive community service, when the National Audit Office has shown that two-thirds of community sentences are too weak – and these orders are not always properly enforced.”

Crimes against the elderly raise grave concerns, as the impact can often be far greater than the loss of possessions.

Many victims become too scared to go out, some see their health suffer and, in the worst cases, victims have been know to die in the weeks or months after the incident. The SGC yesterday insisted its guidelines were getting tough on those who prey on the vulnerable.

Council member Peter Beaumont said: “The council has sent the message that offenders who target vulnerable victims on the street or in their homes should face custodial sentences.”

The guidelines state that the normal starting point for punishing thieves should be 18 weeks in prison and could go as high as a year – going up to three years if the victim is vulnerable.

Higher sentences could be handed out if items stolen are worth more than £2,000 or are of high sentimental value, the guidelines said.

Crooks who steal up to £20,000 worth of goods from schools, community centres or other such buildings could be handed a community order.

Looking at the offence of “theft in breach of trust” – such as workers who steal from their employers – the SGC said stealing less than £2,000 could be dealt with by a community order or, in some cases, a fine.

Stealing between £2,000 and £20,000 could be dealt with by a community order if there were mitigating circumstances, but the normal starting point should be 18 weeks’ jail.