Serious Disturbance at HM Prison Birmingham

Lord Elystan-Morgan Excerpts

Monday 19th December 2016 Lords Chamber

[Lord Keen of Elie]

I am obliged to my noble friend. As I indicated earlier, all recent published data show that there are no obvious differences in performance levels between public and private prisons. We therefore consider that we should continue with our endeavour of ensuring that the prison estate can be controlled and provided across both the public and private sectors.

[Lord Elystan-Morgan (CB)]

Does the noble and learned Lord accept that our courts could send fewer people to prison without there being unacceptable risk to the public? Has the time not come to review whether further judicial guidelines should be issued with a view to bringing this situation to an end?

[Lord Keen of Elie]

My Lords, with respect to the noble Lord, there are very detailed sentencing guidelines now available throughout the magistrates’ courts, which deal with about 90% of all crime, the Crown Courts and the highest courts with regard to disposal. They are constantly reviewed and considered in order to try to ensure that we can minimise the extent of detention as a punishment. Clearly, the hierarchy begins with the forms of disposal that would prevent detention, whether they are a financial penalty or some punishment within the community. That continues to be our policy.