§ Lord Marlesfordasked Her Majesty's Government:
Whether there is a maximum period of community punishment to which an offender can be sentenced; if so, why there is such a maximum period; what the period is; when it was last changed; and who is responsible for setting the maximum period. [HL2271]
§ Baroness Scotland of AsthalThe number of hours for which a person may be required to do unpaid work on a community punishment order ranges from a minimum of 40 to a maximum of 240 hours. Section 199 of the Criminal Justice Act 2003 increases the maximum number of hours to 300.
§ Lord Marlesfordasked Her Majesty's Government:
Whether they will place in the Library of the House a copy of the current guidelines to magistrates on the use of community punishment in sentencing. [HL2273]
43WA
§ Baroness Scotland of AsthalJudicial independence is an important facet of the court system and it is not the responsibility of the Government to issue guidelines to sentencers. Statutory responsibility for magistrates' training lies with individual magistrates' courts committees (MCCs).
The magistrates' courts sentencing guidelines are produced by the Magistrates' Association. The guidelines are able to be downloaded from the association website (http://www.magistrates-association.org.uk/) or can be obtained by application to the association's national office at 28 Fitzroy Square, London W1T 6DD.
The Criminal Justice Act 2003 established the Sentencing Guidelines Council, which now assumes responsibility for issuing guidelines to all courts. Guidance on the generic community sentence (into which the community punishment order will be absorbed) is an early priority for the council.
§ Lord Marlesfordasked Her Majesty's Government:
Further to the Answer by the Baroness Scotland of Asthal on 26 March (HL Deb, col. 1000), whether they will clarify the cost comparisons between a 40-hour community service and a year in prison; and on what basis these comparisons were made. [HL2275]
§ Baroness Scotland of AsthalThe average cost of a 40-hour community punishment order is £706. This figure is derived from a costing exercise carried out last year with all probation boards and includes overheads of local board HQs and training of probation officers. This is the minimum duration of a community punishment order, and therefore the minimum cost of such an order.
The average annual cost of custody per prisoner in 2002–03 was £36,268.
§ Lord Marlesfordasked Her Majesty's Government:
Whether the Sentencing Advisory Panel has produced advice on the use of community service punishment; if so, whether they will place it in the Library of the House; and, if the panel has not produced such advice, whether it is intended that the matter will be considered by the Sentencing Guidelines Council. [HL2295]
§ Baroness Scotland of AsthalThe Sentencing Advisory Panel has not produced advice on the use of community punishment. One of the first tasks of the Sentencing Guidelines Council will be to produce guidelines for all courts on the new generic community sentence, which will subsume the community punishment order.