Judges and Magistrates have raised concerns against plans on heavier sentencing for re-offending criminals.
MPs will vote next week on legislative amendments, penned to impose mandatory sentences.
If new legislation passes, offenders convicted twice could be given life sentences and youths caught using knives in a threatening manner could receive a 4 month sentence.
The Magistrates' Associate have initially criticised the plan, “youths aged 16 and 17 should not be treated like adults, because they lack the maturity of thought. Mandatory sentences fail to take account the rare but exceptional circumstances when such a custodial sentence was inappropriate.”
Conservative MP Ken Clark proposes relaxation of the mandatory sentencing to allow judges to use their discretion.
Instead of a mandatory 4 month detention and training in all cases; judges would be given the option to find a more suitable solution in exceptional circumstances.
Clark's amendments could protect some of the estimated 400 teenagers who will be convicted of threatening with a knife next year.
The Ministry of Justice agrees that although punishment is suitable, changes to proposed legislation should be more favourable in exceptional circumstances. A spokeswomen for the MoJ confirmed that Clark's amendments would allow the court "to impose the sentence unless they can prove it would be unjust to do so."
With knife crime on the rise and the prison population escalating, many warn that tougher sentencing will strain resources. However, handing life sentences to repeat violent and sexual would - on the face of it - be welcomed by the general public.
The debate continues on Facebook.
Links:
http://www.guardian.co.uk/law/2011/oct/27/judges-get-out-clause-mandatory-prison-sentences
Photo:
http://www.flickr.com/photos/safari_vacation/6260723020/sizes/m/in/photostream/
