Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 19 March 2019 to Questions 230698-230707 and 231412-231416 on prison sentences, how many community orders each of those offenders had previously been given before being sent to prison.

The Answer of 19 March 2019 to Questions 230698-230707 and 231412-231416 was on the highest number of previous offences committed, for different offence items, before being given an immediate custodial sentence in each of the last three years. Pursuant to this, the answer regarding how many community orders each of those offenders had previously been given before being sent to prison can be found in the table attached. As benefit fraud offences are not prosecuted by the police, it is not possible to answer Question 230707.

Sentencing is a matter for our independent courts, who take into account all circumstances of the case, including any aggravating and mitigating factors. We are clear that sentencing must match the severity of a crime.

However, sentences should also rehabilitate. There is persuasive evidence showing community sentences, in certain circumstances, are more effective than short custodial sentences in reducing reoffending. The MoJ study ‘The impact of short custodial sentences, community orders and suspended sentence orders on re-offending’ published in 2015 involved around 350,000 sentencing occasions over 4 years and used 130 different variables to construct matched groups of offenders and examine the effect of short sentences relative to community sentences. This study found a reduction of around 3 percentage points in proven reoffences if offenders receiving sentences of less than 12 months were to get a community order instead. This is statistically significant and equates to around 30,000 proven reoffences in total over a one-year period. This means fewer victims of crime.

Unless we tackle the underlying causes of offending, we cannot protect the public from being victims of crime. Effective community orders can address offenders’ behaviour, answer their mental health and alcohol or drug misuse needs, and provide reparation for the benefit of the wider community.