We're too soft on criminals

8:30am Thursday 29th May 2008

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CRIMINALS in Crewe and Nantwich are being let off with soft sentences because of limits on the power of magistrates, claim local JPs.

A Crewe-based magistrate spoke out this week insisting that offenders were being released too early, freed to commit further crimes.

The long-standing South Cheshire JP, who wanted to remain nameless, said they were being laughed at by offenders and powerless to deliver appropriate sentencing.

She said: "People do not realise the shackles that are put on us. We are being strangled by Government policy and financial constraints.

"The staff at the Crewe court are extremely professional and supportive and we have no criticism of them whatsoever.

"We obviously have several restrictions put on us by current Government policy and as magistrates are put in a very difficult situation.

"We are continually receiving letters informing us of subtle changes to the sentencing guidelines."

She said that the guidelines were almost always shortening the maximum sentencing for a type of offence and the magistrates were continually being reminded of the growing prison population.

The magistrate added: "We are told to look at each case on its merits, but at the same time told that the prisons are full to over-flowing."

She said that magistrates cannot even resort easily to community sentences as a lack of supervisory officers means that community-based orders are not always available.

She added: "It is extremely frustrating for all of us.

"As magistrates we start with a six month maximum sentence. If they enter a prompt guilty plea that is reduced to four months.

"Then we are required to tell them in court that they will only serve two months - less any time they have spent on remand.

"And if the prison is full they will be freed earlier than that.

"Punishment should be driven by the crime and the impact on the victim, not Government policy and the financial situation."

Eddisbury MP Stephen O'Brien said: "Whilst MPs have to avoid getting involved in sentencing and leave that to the courts, I am as outraged as no doubt all my constituents are that the shortage of prison places - that the Government has long been warned about - appears to be driving the need for shorter or even non-custodial sentences, for what all of us would regard as very serious offences from which the public need to be protected.

"It is as frustrating for the magistrates as it is aggravating for the police, who are trying to do their job while this avoidable soft touch' is continually encouraged by the Government."