Thursday, August 26, 2010

Suspects who confess to police will have sentences cut

 Telegraph

Suspects who own up to their crimes in police interviews could have their sentences cut under cost-saving proposals to be announced within weeks. Criminals who confess at the earliest possible stage would spend less time behind bars than those who wait until they appear in court to plead guilty if the reforms go ahead.

Ministers believe they can make sweeping savings by discouraging criminals from waiting until the eve of their trials before pleading guilty, which wastes court time and costs thousands in legal fees.

Under the proposals, judges would reward those who admit their crimes in the police station with more lenient sentences, and reduce the incentives for those who suddenly switch their plea to guilty before the start of a Crown Court trial.

Of the 104,000 cases which come before the Crown Court each year, 73 per cent result in guilty pleas without the need for a trial. The Bar Council estimates that one day at Crown Court costs the taxpayer up to £10,000.

One minister told the Times: “We are trying to stop the cat-and-mouse game that can be very expensive when a bit of common sense could be applied. The costs get absurdly high and the taxpayer picks up the bill.”

The reforms are said to be backed by Keir Starmer, QC, the Director of Public Prosecutions, Nick Green, QC, chairman of the Bar Council, and Lord Justice Leveson, the judge in charge of sentencing.

But legal experts have warned that a guarantee of escaping jail altogether could encourage suspects to make false confessions.

Senior lawyers also cautioned that early guilty pleas could mean that police officers are less motivated to investigate cases thoroughly.

The new Sentencing Council has begun a review of the guidelines for reducing sentences and a consultation will take place in the autumn.

Lord Justice Leveson, chairman of the Sentencing Council, said in June: “There is room to recognise those who go the extra distance by admitting their guilt to the police. It might encourage more guilty pleas, which is a perfectly legitimate approach and does not adversely impact on judges’ discretion.”

Nick Green, chairman of the Bar Council, said he had encouraged Kenneth Clarke, the Justice Secretary, to reward offenders who plead guilty in a police interview, rather than waiting until moments before the trial.

“In Snaresbrook Crown Court, where I sit each year as a recorder, it’s a regular occurrence. Minutes before the trial is due to start, you hear word that the defendant is talking to counsel, and they plead guilty. It’s a waste of court time, it’s a waste of everybody’s time. Even 10 per cent pleading guilty early would save the cost of 100,000 cases.”

A spokesman for the Ministry of Justice said a full assessment of sentencing and rehabilitation was underway. “It would be premature to speculate on the outcome of this assessment. We will consult on any proposals for reform in the autumn.”

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