Prison Sentences

(asked on 11th March 2019) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 28 February to Question 223184 on Sentencing, which of the offences listed his Department has classified as so grave that no other penalty but custody will suffice (a) as a single offence, (b) after multiple previous offences and (c) after multiple previous similar offences.


Answered by
 Portrait
Rory Stewart
This question was answered on 19th March 2019

Sentencing is a matter for our independent courts, who take into account all circumstances of the case. By law, to impose a custodial sentence, courts are required to be satisfied that the offence committed is so serious that only a custodial sentence can be justified.

When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. These factors include whether the offender has previous convictions and whether an early guilty plea was entered, as well as the particular aggravating and mitigating factors present in each case.

We are exploring options to restrict the use of short custodial sentences, but we have not at this stage reached any conclusions. We recognise there may need to be some closely defined exceptions and have not ruled anything in or out.

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