Offenders: rehabilitation can tackle causes of crime

Defence lawyers have been urged to educate courts on the benefits of community sentences, after Britain's most senior judge called for fewer short prison sentences and greater use of alternatives to custody.


In a speech at Oxford University last week, the Lord Chief Justice, Lord Phillips of Worth Matravers, said most offenders who received short sentences reoffended within two years, because their sentences are not accompanied by any form of rehabilitation and do nothing to tackle the underlying causes of the offending behaviour.


'Some of those on short sentences are serving apprenticeships for serious crime,' Lord Phillips said. He cited research that showed three-quarters of young male prisoners aged between 18 and 21 had drug dependency, the majority had a history of truancy and had fallen behind at school, many were illiterate and a large proportion suffered from some form of mental illness.


The primary objective when sentencing such offenders must be rehabilitation, which for many can be more effectively achieved as part of a community sentence, he suggested.


Ian Kelcey, chairman of the Criminal Law Solicitors Association, said he hoped Lord Phillips' speech would make a difference to sentencing practice, but added that defence lawyers had a role to play in helping to educate magistrates.


Andrew Keogh, a criminal defence partner at national firm Tuckers, welcomed the Lord Chief Justice's sentiments. He said: 'It was a simple message - that custody doesn't work and is more expensive than community alternatives. One can only hope that magistrates, and some judges, will take note.'