So thatâs my take. Now itâs open season: tell me why Iâm wrong!
Consequences are profound and don't just apply at the point of sentencing. Victims will decide if theyâre willing to press on with cases, defendants will decide whether to exercise their right to a jury trial, child custody decisions will be made as people sit in cells awaiting trial.
If they implement this, the gov should commit to review it in say 18 months, like the prison early release scheme, to understand impact and decide whether to keep it. Much better to be clear about a plan to do that now, rather than introduce it as a permanent measure then reverse it (again!)
Iâd love to see the MoJ modelling on the impact on the prison population. This is really complex to do: the impact will change over time as cases are heard and people in prison move from being on remand to serving their sentences.
Ideally, Iâd combine it with other measures â like a presumption to suspend short sentences (as proposed in the Toriesâ Sentencing Bill). This could mitigate or reverse any rise in people serving custodial sentences but still ease pressure on the Crown Court, and hopefully cut reoffending.
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The decline absolutely can be reversed, but it requires sustained political will and investment. Some pretty clear steps gov could take to improve things: removing sitting day cap, commit to a long-term workforce plan for legal professionals, increase legal aid rates. A lot hangs on the budget!
Gov needs to think about the *purpose* of sentencing: can be about punishment, rehabilitation, deterrence, public protection, or a combo. Then look at the evidence on what helps achieve those goals â just aiming for âtougherâ risks same ratchet effect that has lengthened prison sentences.
Absolutely â nothing is ever straightforward when it comes to these datasets!
So itâs possible that some/many of them are held in custody for 4 months, then the court refuses to extend the pre-trial custody time limit, and they get released on bail until their hearing. Theyâre still recorded in the data as a remanded defendant (bc itâs intended as a record of remand rates)