HL Deb 06 December 2001 vol 629 cc151-2WA
Lord Hylton

asked Her Majesty's Government:

Whether, given that 23 local prisons are overcrowded to the extent of some 5,000 prisoners, they will:

  1. (a) ask the courts to minimise the use of short prison sentences and to increase the use of fines and community penalties; and
  2. (b) set legal limits on the occupancy of each prison. [HL1593]

Lord Rooker

The Government believe that prison is right for dangerous, serious and some persistent offenders and that sentences should be as long as necessary for punishment and public protection, but no longer.

Home detention curfew plays an important role by enabling prisoners to be released from prison early, while still subject to restrictions placed on their liberty. This facilitates a smoother and more effective integration back into the community and helps offenders to secure or resume employment or training as soon as possible.

The Government believe that community punishments can make a major impact and support their increased use, particularly for some non-violent offenders such as those convicted of theft and handling or fraud. The Government's reform of the probation service, with its focus on reducing reoffending, means that rigorously enforced community sentences are a real and tough alternative to imprisonment.

In the longer term the proposed sentencing reforms, including sentencing guidelines and new flexible sentences incorporating both custody and supervision, should have a significant impact. In this context the Government are also exploring the scope for innovative new sentences, such as intermittent custody, and for restorative justice interventions.

There is no power to set a legal limit and we have no plans to introduce such powers. However, Prison Service orders require establishments to ensure operational capacity is not exceeded except in exceptional circumstances.