An example of the previous government enacting laws without apparent regard to the size of the prison population.
Repeal the following sections of the Criminal Justice Act 2003:
S.151 – allows community orders for non imprisonable offences. Can lead to custodial sentences if breached.
S154 (not yet in force) allows a magistrates' court to impose up to 12mths custody for one offence. The maximum at present is 6mths.
S181-182 – known as "custody plus" and again not yet in force.If implemented would increase the prison population in view of s.154 and breaches of licence conditions.At present release from prison following sentences of 12mths or less is without licence conditions.
S.183-186 – "intermittent custody" – not often used but experience shows that such partly custodial orders are imposed where a fully custodial sentence would not be contemplated.
S.189 – 194-suspended sentences originally known as "custody minus".These are often used where immediate custody is not contemplated. The starting point for a breach either by non compliance with a condition or a further offence (whether imprisonable or not) is implementation of the custodial period .
s.224-236 relating to dangerous offenders is widely known to have effectively increased the length of sentences for certain offences.
s.237 – 268 partly concerned with release and recall on licence. The Criminal Justice Act 1991 allowed release halfway through any period of imprisonment of up to 4 years without licence conditions.The 2003 Act amended that to 1 year.The result is a an increase in the number of recalls overall.
s280 – 283( not yet in force) increase the maximum terms of imprisonment that could be imposed in magistrates' courts.