§ Lord Hylton asked Her Majesty's Government:
§ Whether it is settled public policy that property offences and non-violent crime generally should not be punished by imprisonment unless there are special or aggravating circumstances. [HL4232]
§ Lord Bassam of BrightonThe sentencing framework now contained in the Powers of Criminal Courts (Sentencing) Act 2000 sets out the criteria which must be met before it is appropriate for an offender to be imprisoned for a given offence: broadly, the offence (or the offence and one or more offences associated with it) must be so serious that only a custodial sentence can be justified for the offence.
There are a number of property and other non-violent offences for which the maximum available penalty is imprisonment because of the possible seriousness of the worst examples of offending falling within that offence. It is for the courts to use their discretion when deciding whether imprisonment is justified, taking into account all relevant aggravating and mitigating factors relating to the offence and any previous convictions of the offender or failure to respond to previous sentences.
Additionally, the Government have concluded that there are certain types of persistent offending for which a sentence of imprisonment is invariably necessary. We introduced provisions requiring an automatic minimum sentence of seven years' imprisonment for third-time traffickers in Class A drugs and of three years' imprisonment for third-time burglars. In each case, such a sentence must be imposed unless the court is satisfied that there are particular circumstances relating to any of the offences or to the offender which would make it unjust to do so.
Lord Hylton asked Her Majesty's Government:
What is their policy concerning mothers with children under three years old who receive custodial sentences. [HL4233]
79WA
§ Lord Bassam of BrightonMother and Baby Units are provided in four women's prisons. In two of these, mothers may have their babies with them up to the age of nine months. The other two have facilities for babies to remain with their mothers up to the age of 18 months. Currently there are plans to provide additional places for mothers and babies at two existing women's prisons and at two new-built prisons for women. There are no plans at present to extend the age limit of babies remaining with their mothers in prison beyond 18 months. It is proposed to run a small pilot scheme at a mother and baby unit with a flexible age limit up to four years of age. A full feasibility study will be carried out before this pilot can start.