New Top Judge Calls for Tougher Sentencing


06 Nov 2008
 

The new Lord Chief Justice has called for tougher sentences to punish criminals and deter crime.
Lord Judge, the most senior member of the judiciary in England and Wales, said the guilty should be ' frightened' by the prospect of being brought before a court.

In a speech titled ‘Time for Change?’, given at the University of Hertfordshire he said: “I do want to emphasise that the paramount consideration in every sentencing decision is the safety of the public and the reduction of crime.

“When criminal activity is proved, the sentence must address the defendant's punishment as well as the public interest in his reform or rehabilitation. It is to the public disadvantage if the importance of deterrence as an ingredient of the sentencing process is under-estimated.”

He went on: “The guilty defendant should always be frightened at the prospect of going to court.
“The objective of the sentence is to do justice appropriate to the individual who has committed the particular crime or crimes in the light not only of its impact on the community at large, but also the direct consequences for the victims.”

Lord Judge will replace Lord Phillips as head of the Sentencing Guidelines Council, which sets sentencing rules for judges and magistrates. The body has, since its establishment in 2003, regularly recommended more lenient punishments. Its decisions have led to a growing perception that criminals are laughing at the law.

Lord Judge also used his speech to remind ministers not to interfere with the operations of the judiciary.

He declared: “There is no sphere of judicial responsibility which can or should be subject to the behest of the executive. None. Ever. In any field.

“If we countenanced such a possibility then the independence of the judiciary would be undermined, and once undermined would disappear into the sands.”