§ 54. Mr. Dellasked the Secretary of State for the Home Department what estimate he has made of the effect of Section 39(3) of the Criminal Justice Act, 1967, on the size of the prison population and the duration of sentences of imprisonment served.
§ Mr. CarlisleThis subsection requires prison sentences of six months or less to be suspended unless one of a number of conditions is satisfied. The available statistical information does not separately identify offenders to whom any of these conditions apply or those cases where a court suspends a sentence of imprisonment only because of the requirements of the subsection. No estimate can therefore be made of the effect of this provisison on the size of the prison population or the duration of prison sentences served.
§ 55. Mr. Dellasked the Secretary of State for the Home Department whether he will make a statement on the operation of the system of suspended sentences.
§ Mr. CarlisleThe use made by the courts of the power to suspend a prison sentence shows that they have found this a useful addition to the means of disposal available to them. There is reason to believe, however, that suspended sentence has sometimes been imposed where previously a fine would have been imposed or a probation order made. The provision which requires the courts to suspend short prison sentences except in certain categories has not proved satisfactory, and its repeal is proposed in the Criminal Justice Bill now before Parliament.
§ Mr. Dellasked the Secretary of State for the Home Department (1) what estimate he has made of the number of people 187W given suspended sentences where immediate imprisonment is prohibited under Section 39(3) of the Criminal Justice Act, 1967, who would have received sentences of immediate imprisonment before 1968;
(2) what is the actual or estimated number of suspended sentences that have been imposed since 1st January, 1968: and in how many of these cases immediate imprisonment was prohibited by virtue of Section 39(3) of the Criminal Justice Act, 1967:
(3) how many persons who were given suspended sentences of six months or less where immediately imprisonment was prohibited by Section 39(3) of the Criminal Justice Act, 1967, were subsequently reconvicted;
(4) what estimates he has made of the number of people given suspended sentences where immediate imprisonment is prohibited under Section 39(3) of the Criminal Justice Act, 1967, who would not have received suspended sentences, or would not have had their sentences of imprisonment suspended, had it not been for the provisions of Section 39(3).
§ Mr. CarlisleI would refer the right hon. Gentleman to my replies to other Questions which he has asked on this subject.
SENTENCE TO TAKE EFFECT Term of imprisonment unaltered (s. 40(1)(a)) Term of imprisonment less than originally imposed (s. 40(1)(b)) Period suspension varied (s.40(1)(c)) No order (s. 40(1)(d)) Males … … 21,325 827 665 3,567 Females … … 1,096 31 54 325 Persons whose further offences result in absolute or conditional discharge, probation or borstal are not required to be dealt with under Section 40 of the Act. No figures of such cases are available.
§ Mr. Dellasked the Secretary of State for the Home Department what estimate he has made of the effect suspended sentences have had on the size of the prison population and the duration of sentences of imprisonment served.
§ Mr. CarlisleIt was explained in paragraph 12 of the Report on the Work of the Prison Department 1970, Cmnd. 4724, that at that time the prison population was at much the same level at would have been expected if suspended
188W
§ Mr. Dellasked the Secretary of State for the Home Department what estimate he has made of the number of people given suspended sentences who would have received sentences of immediate imprisonment before 1968.
§ Mr. CarlisleBetween two-fifths and three-fifths of those given suspended sentences.
§ Mr. Dellasked the Secretary of State for the Home Department what, for the longest convenient period of time, are the numbers of persons, male and female, who received suspended sentences; in how many of these cases a subsequent offence or offences took place; and with what result.
§ Mr. CarlisleFrom 1st January, 1968, to 31st December, 1970, in England and Wales, 91,498 males and 6,582 females received a suspended sentence of imprisonment. Up to 31st December, 1970, 26,384 males and 1,506 females who were convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence were dealt with under Section 40 of the Criminal Justice Act, 1967, as follows:
sentences had not been introduced. There is some reason to believe that, although the reconviction rate has not fallen, there has recently been some reduction in the proportion of cases in which suspended sentences are later enforced with a corresponding effect on the size of the prison population. It is not possible to calculate the effect of suspended sentences on the duration of prison sentences served.