COURTS: Will an overcrowded prison system be able to handle an influx of rioters, asks SARAH BOSELEYin London
CONCERNS WERE growing last night that those involved in the riots and looting of the past few days will get rough justice because of the speed with which they are being pushed through the judicial system, amid public and political desire for retribution.
Experts also have anxieties about the ability of an overcrowded prison system to cope with the influx. So far more than 900 people have been arrested in connection with the violence and looting, and more than 500 have appeared in court.
Harry Fletcher, assistant general secretary of the probation officers’ union Napo, estimated yesterday there would be an extra 1,500 cases for the London courts, and 2,500 in total across England, based on numbers of suspected looters and rioters identified so far.
More arrests were made yesterday and they are likely to continue for some time as participants in the mayhem are identified from CCTV pictures.
“There is real concern as to how they can process this sort of work at a time when resources are incredibly tight,” Mr Fletcher said. He feared that proper assessment of motivation and social circumstances would not happen.
Magistrates, sitting through the night, have already handed down sentences in spite of having to find people at short notice to write social inquiry reports.
“Motivation is complex,” Mr Fletcher added. “We have here greed, opportunism, wilful vandalism and intense dislike of the police.”
It was not like the political and race riots of the 1980s, he said. “It is essential officers take time and are reflective before they reach conclusions. That will be very difficult to do, given the evidence from government that they want swift justice and visible justice.”
In the House of Commons yesterday, prime minister David Cameron made it clear he expected the courts to be tough.
“Anyone charged with violent disorder and other serious offences should expect to be remanded in custody – and anyone convicted should expect to go to jail. Courts in London, Manchester and the West Midlands have been sitting through the night, and will do so for as long as necessary.
“Magistrates courts have proved effective in ensuring swift justice. The [more senior] crown courts are now starting to deal with the most serious cases.
“We are keeping under constant review whether the courts have the sentencing powers they need and we’ll act if necessary.”
Those people charged with less serious offences might expect a community sentence, but Mr Fletcher said early returns from some of the London magistrates suggested that at least half of the people who had appeared in court had got previous convictions.
“Significant numbers will have breached community orders, ” which, he said, could lead to jail sentences. Inmate numbers in English and Welsh jails are at a record high. In June there were 85,000 people behind bars, double the number in 1992-1993.
Juliet Lyon, director of the Prison Reform Trust, said the judicial system was going to be under strain but that it would cope. “For a beleaguered justice system facing swingeing cuts, a massive influx of suspects and offenders will present real difficulties,” she said.
“But never underestimate the determination of an independent judiciary to ensure that due process is observed or the discipline of the prison service and its capacity to cope with those sent down by the courts.”
She thought that restorative justice, where offenders work to make amends to those they have wronged, would be a better solution for lesser offenders.
“There will be some whose offending has been so serious or violent that there can be no alternative to custody. For others, the sanction could be restorative measures to ensure people take personal responsibility for making amends. Once order has been restored, the question will be how to build cohesive communities where prison occupies an important place of last resort.”
John Drew, chief executive of the Youth Justice Board, said last night there were hundreds of empty places in children’s prisons. “There is plenty of capacity in the system – more than 300 empty beds last night in young offender institutions, secure training centres and secure children’s homes.” – (Guardian service)