The Government has published new legislation, in the Crime and Courts Bill that will mean adult community sentences will now contain a punitive element.
Adult community sentences will now have to include some form of punishment, such as a fine, unpaid work, curfew or exclusion from certain areas. The new measures will mean more offenders could be forced to undertake activities such as cleaning up graffiti, clearing litter, and helping to rejuvenate their communities.
Currently only around two-thirds of community orders contain a punitive requirement, such as a curfew or community payback. Under the new reforms that will rise significantly to almost all adult community sentences.
Alongside the punitive element, community sentences will be reformed to:
- Make use of new technology to track offenders during their sentence to protect the public and help prevent criminals committing further offences.
- Make clear that courts can take into account criminals' belongings as well as their income when setting financial penalties. The Government will also review whether existing court powers to seize property (including items of significant value) in lieu of unpaid financial penalties give the courts the tools they need, or whether further powers are required.
- Give the courts access to benefits and tax information from Department of Work and Pensions and Her Majesty's Revenue and Customs, so financial penalties can be set at level that will bite on offenders and be more effectively enforced.
- Remove the £5,000 cap on compensation orders in the magistrates' courts.
- Give courts powers to defer sentencing so that restorative justice can take place between victims and offenders, to encourage criminals to face up to the consequences of their actions.
