Is it because prisons are over stretched? Or for reasons of their (roll eyes) 'human rights'? Or simply that justice also has a price and it is deemed to costly to keep them locked up?
Especially appreciate answers from people knowledgable in this area - thanks in advance.
2006-10-05 08:06:25 · 8 answers · asked by Anonymous in Society & Culture ➔ Other - Society & Culture
It has more to do with the actual sentences passed and the laws behind them. In the Uk the aim of custodial sentences is punishment but also rehabilitation into the community.
The sentence expiry date (the date on which the sentence ends) is calculated from the date sentence is passed. All custodial sentences, (apart from life sentences, which are governed by different rules) include time served in prison and time served in the community, so the person will not be in prison for the whole of the sentence.
How much time will they spend in prison?
This depends on a number of factors, including the length of the sentence and date of offence:
If the sentence is less than 12 months, regardless of when the offence was committed, the prisoner will get Automatic unconditional release (ACR) at the half way point (eg after 3 months of a 6 month sentence), serving half of their sentence in prison. From release until the sentence expiry date, they are classified as "at risk". This means that if, during this time, they commit a further imprisonable offence, the court may order them to return to prison to serve a period of custody equal to the remainder of the sentence that stood at the time that the new offence was committed. This is in addition to any sentence for the new offence.
If the sentence is 12 months or more, but less than 4 years for an offence committed prior to 4 April 2005, the person serves half their sentence in prison, and then gets Automatic conditional release. They are released at the half way mark on licence. This means that they are subject to conditions - the conditions will include regular meetings with a probation officer and possibly other conditions such as living at a specified address or undergoing treatment for a drug or alcohol problem. Breaching the conditions can result in a recall to prison by the Secretary of State The licence lasts until three quarters of the way through the sentence. They are "at risk" from date of release until the sentence expiry date. (See above)
Sentences of 4 years or more (but not life) for offences committed before 4 April 2005 are subject to Discretionary conditional release (DCR), which means that the prisoner becomes eligible for release at the half way stage. It is not automatic, but is at the discretion of the Parole Board. If release is approved, they are released on licence. If not, they serve two thirds of their sentence in prison and are then released on licence. If released on DCR licence they remain on licence until the three quarter point of their sentence. From date of release to the sentence expiry date they are `at risk' (see above).
Sentences of 12 months or more imposed for offences committed on or after 4 April 2005 are subject to conditional release at the half way point of the sentence and will be on licence to the end of the sentence. They are not `at risk' on these sentences.
People convicted of sexual offences may be required by the court to remain on licence until the sentence expiry date (where the offence was before 30 September 1998), or may be sentenced to an extended sentence made up of a custodial period and an extension period (where the offence was after 30 September 1998 but before 4 April 2005.
Where the offence was on or after 4 April 2005, they may be sentenced to an extended sentence where they must serve the whole of the custodial period in full unless the parole board approved release on parole on or after the half way mark. They will be released on licence to the end of the sentence.
The Criminal Justice Act 2003 introduced a new type of sentence called an Indeterminate Sentence for Public Protection (ISPP) which is for those prisoners that the court have assessed as being dangerous. The court will recommend a minimum period that must be served in custody, but release will be subject to similar procedures as release from a life sentence, on approval by a lifer review board. Release will be on a licence for life, but unlike a life sentence, the licence of an ISPP could be reassessed and terminated after 10 years from date of release.
2006-10-05 08:17:26 · answer #1 · answered by Dr Fill 3 · 1⤊ 0⤋
Quite simply, it is usually a matter of politics. Many political careers are built on the "get tough on crime" agenda. But when it comes to the actual incarceration budgets become over stretched. Currently there is a push to incarcerate drunk drivers and addicts, however, there is little room for them in the system, therefore, violent offenders and other predators are released so that these "criminals" can be punished.
And the answer is NOT to build more jails, for so many reasons. The answer is to treat people with addictions of any kind in hospitals, thereby freeing the beds for societies real offenders and predators.
Peace.
2006-10-05 08:14:18 · answer #2 · answered by -Tequila17 6 · 0⤊ 0⤋
the answer lies in all 3,
overcrowded prisons so judges have to bear in mind the space left in the system to lock someone up.
a justice system thats so entangled in human rights it has no sense of direction.
it's cheaper to release someone on a suspended sentence or let them out earlier than pay for them to be locked up 23 hrs a day.
2006-10-05 08:15:10 · answer #3 · answered by Call me Zach 1 · 0⤊ 0⤋
i have been taking section in the violin for 15 years, and they have had to be saved short that complete time. each and every so often I wish i might want to strengthen them out, yet when not in any respect having lengthy nails skill i'd be a extra perfect violinist day after today, that's truly well worth the sacrifice.
2016-12-04 07:36:41 · answer #4 · answered by harbert 4 · 0⤊ 0⤋
True. But, there's always that Second Chance factor... and the fact that jails are overcrowded and they gotta make room for someone else to sit on time out.
2006-10-05 08:08:23 · answer #5 · answered by Light 3 · 0⤊ 0⤋
because the justice system is stupid
bring back the death penalty
2006-10-05 08:08:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Because the parole system should be eliminated and not used anymore.
2006-10-05 08:07:57 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Because we live on the "backwards" planet.
2006-10-05 08:09:10 · answer #8 · answered by Alias400 4 · 0⤊ 0⤋