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Baroness Seccombe: My Lords, I add my thanks to the noble Baroness, Lady Linklater of Butterstone, for securing this important debate. It seems to recur with some frequency, both in this House and in a wider context. That is not to say that I do not welcome this opportunity to speak on this topic—far from it. But it seems clear that each time we talk about prisons, crime prevention and rehabilitation, nothing much has changed and there are still huge problems with the current system.

I must admit that when I first looked at this question, I was not sure what the noble Baroness had in mind when she called for wider community involvement in determining crime prevention policies. However, all this became much clearer upon reading the newspapers this morning. It seems that David Blunkett is today making a speech at the Clore conference centre at the British Museum on this very topic.

We all know that community policing restores public confidence and that seeing police on the beat does wonders for those neighbourhoods where people may no longer feel safe. Unfortunately, seeing a local bobby on the beat is rather a rare occurrence in many places these days and, sadly, faith in the police is at an all time low.

Other community initiatives such as victim offender mediation or victim offender meeting seem to work. A scheme such as this allows the offender to acknowledge the harm done to the victim and gives the victims, if they so wish—and that is vital—a chance to express the feelings that the offender has caused both to themselves and to the community. Such meetings are also a good way to educate victims about the justice system and allow them to take an informed decision regarding their involvement in this process.

The Home Secretary has launched a new action plan called "Together We Can" and a "guide to neighbourhoods" programme at a cost of some £4.3 million which, it is claimed,

I look forward to hearing the results of those initiatives and the pilot scheme.

However, I fear that I am drifting from the point of the debate and return to the question as posed by the noble Baroness. As I have said, more police on the beat and restorative justice are to be welcomed, but we feel that that may be where community involvement in such matters is most useful. We on these Benches still feel that the best way to restore public confidence in the criminal justice system is to ensure that if judges and magistrates feel that a prison sentence is the
 
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appropriate punishment to fit the crime, that is what must be given. Conversely, we also want judges and magistrates to impose a community sentence if, when looking at all the circumstances, that is what they feel is right.

I can draw on my own experience of over 30 years on the Bench. My colleagues and I spent much time considering all the options outside prison before imposing a custodial sentence. We were only too mindful of the havoc that a period in prison can cause for the dependant families left to cope. I can tell your Lordships that whenever as chairman of the Bench I had to explain to a defendant that the sentence was to be one of imprisonment, I could always feel my heart beating faster, and I went home saddened by imposing what we felt was the right and necessary decision.

We have always acknowledged the importance of having custodial sentences available when appropriate, and for the protection of the public. We continue to do so. With regard to the views of the noble Lord, Lord Chan, my personal view is that burglary is a form of assault. We must never forget that some people never get over burglars entering their home. The problem at the moment is that the Prison Service is under such strain because of overcrowding that it is increasingly unable to provide the structure for rehabilitation within a custodial sentence that we would all wish to see. The Government's answer is to extend the early release scheme further and further rather than address the very real challenges faced by those who manage our prison estate.

What do the Government's own statistics tell us about the overcrowding in our prisons? It was reported by the BBC in February this year that our prison population had reached a new high. It then stood at 74,543, which was near to capacity. The Prison Service at that point was facing a situation in which there were only 600 gaol places left and was considering the possibility of keeping extra prisoners in police cells. At this point, the Prison Reform Trust stated,

Yet on 19 November, the prison population stood at 75,145, so clearly the problem is getting worse—and it seems that the Government are doing nothing to help the situation.

Let me continue with more statistics. The number of prisoners in England and Wales has increased by more than 25,000 in the past 10 years; the number of women in prisons has more than doubled in the past decade; and the records show that on 19 November this year there were 10,838 under-21 year-olds in prison.

So what does all that overcrowding mean? On a practical level it means that over the past year more than half of all prisons have been overcrowded and that at the end of May 17,000 prisoners were doubling up in cells designed for one. On a financial level, the statistics are also illuminating for the period 2003–04. As many noble Lords have said, the average cost is £37,305 to keep just one person in prison.
 
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To summarise the situation, our prisons are overcrowded, the number of women and young people in prison is going up dramatically and it costs huge sums of money to keep the system going, without actually making any improvements. Prisoners are just shuffled around the system to make room. They cannot settle into a routine, finish a retraining course, complete an education course or seek proper help for addiction to drugs. My noble friend Lady Trumpington vividly described the importance of literacy. I do so agree, as I was always horrified by the number of defendants who were unable to read the oath.

It is little wonder then that the statistics for reoffending are so high. Prison is currently not getting a chance to work. Current research by the Prison Reform Trust shows that around 59 per cent of prisoners are reconvicted within two years of being released. Clearly, this vicious cycle of reoffending must be broken. However, we on these Benches do not feel that the way to do that is simply to go along with the Government's early release scheme. That is not the answer to overcrowding in prisons. It is a temporary measure which ensures that criminals are back out on the street without the care that they should have had in prison and without the time for rehabilitation, as the noble Lord, Lord Fellowes, said.

In conclusion, we feel that community involvement has an important place in the criminal justice system. However, there are other and better ways to increase public confidence in the system as a whole. Alternatives to prison may well be appropriate for offenders who are women with young families or those involved in petty or non-violent crime. However, for other offenders, prison may be the only answer. Half of all crimes in Britain are committed by the same 100,000 persistent criminals. Prison is an effective and appropriate disposal if it is given a chance to work.

Clearly it is essential to increase the proportion of the prison budget that is spent on education and rehabilitation, and to make certain that there are sufficient, suitable and humane places within the prison estate to ensure that the judiciary is able to exercise its sentencing role without feeling inhibited by the lack of custodial places available.

This has been a fascinating debate, and I have much enjoyed all the well-informed and caring contributions from round the House. Now, like other noble Lords, I look forward to hearing the Minister's response.

Lord Rooker: My Lords, I shall make my initial response to a point that the noble Baroness has just made, before I come on to the formalities. I certainly hope that when she was on the Bench she was not sending people to prison for short periods of time. That is waste of time, provides no work or rehabilitation whatever and gums up the system completely—and everyone thinks that they have done a good job because they have sent someone to prison. It is an absolute waste of time, so I certainly hope that she was not guilty of that when she was on the Bench. She may have experience
 
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that I do not have—but I cannot resist making that point, because it saves me from making it later on in answer to the debate.

Baroness Trumpington: My Lords, the Minister must excuse me for interrupting, but is he aware that a magistrate is unable to send a person to prison for more than six months?


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