Legal expert recommends keeping thieves, fraudsters out of jail

Thieves and fraudsters should be spared jail, with prison sentences reserved for the most serious crimes, a British legal expert has said.

Law professor Andrew Ashworth said prison, as Britain’s most severe punishment, should only be used for the most serious crimes including those of a violent, threatening or sexual nature.

But for “pure property offences”, including theft, handling of stolen goods, criminal damage and fraud, imprisonment is disproportionate and the priority should be on making sure victims are compensated and that perpetrators make amends, he said.

Prof Ashworth, the Vinerian Professor of English Law at Oxford University, has produced a pamphlet titled What If Imprisonment Were Abolished For Property Offences?, released by the Howard League for Penal Reform.

The Howard League plans to distribute the pamphlet to every magistrates’ court in England and Wales in a bid to spark a debate on sentencing issues.

Prof Ashworth said while prison should still be considered in cases of robbery, blackmail and burglary, its use is disproportionate for crimes that do not involve violence, threats or sexual assault.

He said fines and community sentences would be more effective and proportionate and would benefit victims more, as they are less likely to get compensation from someone behind bars with little or no income.

According to Prof Ashworth, although there may be some exceptions, a prison sentence is only truly worth considering where a victim is targeted because of their vulnerability. He also rejected the idea that those who continually commit property offences should eventually be imprisoned because the offence is still non-violent, non-threatening and non-sexual. The effect of such a policy would be profound, he said, significantly reducing the prison population and saving millions of pounds each year.

According to the pamphlet, 20,000 people go to prison each year for theft or handling stolen goods, 5,000 for fraud and 1,000 for criminal damage.

Giving people who commit these crimes financial penalties to compensate victims and community sentences rather than custody would reduce the number of men serving prison sentences by 8% (5,000 men) and women by 21% (700 women), saving around £230 million (€268m) each year, the pamphlet claims.

Frances Crook, chief executive of the Howard League for Penal Reform, said: “When it comes to crimes like theft and fraud, victims are losing out from a justice system that too often prioritises putting the perpetrator behind bars rather than returning people’s stolen property and providing much-needed compensation.”