TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 17

2600224 C.S. 84

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XCR(70)345

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An interim report has been received from the Home Office giving an assessment of the working of the suspended sentence provisions in England and Wales since their introduction on 1st January 1968. As far as is known, no decision has yet been taken on the report, which in no way represents the considered view of the Home Office or Her Majesty's Government on the merits or otherwise of suspended sentences. But the report does

indicate that the suspended sentence provisions have not in practice achieved their objectives as successfully as had been originally hoped and expected. Briefly the conclusions of the report are:

(a)

the introduction of suspended sentences led to a significant increase in the number of persons sentenced to imprisonment in the first two years (1968 and 1969). This can be seen from the following table showing the number of sentences of imprisonment imposed in England and Wales. The figures in brackets are the number of persons sentenced to imprisonment expressed as a percentage of the total number of convicted persons:

Magistrates' Courts

Assizes and Quarter Sessions

14, 270 (41.1%)

1966

27, 643 (1.95%)

1967

25, 529 (1,65%)

14, 336 (39.7%)

1968

42, 763 (2.76%)

19, 838 (50.7%)

1969

43, 817 (2.78%)

22,288 (50.0%)

(b)

(c)

In both 1968 and 1969 approximately 32,000 (or very roughly 50%) of the prison sentences awarded were suspended. It is clear therefore that suspended sentences have been used by the courts not only as an alternative to sentences of imme- diate imprisonment, but as an alternative to other forms of punishment, notably fining and also to a lesser extent probation. Using admittedly rather rough and ready methods of calculation, it is estimated that of the 64, 171 persons given a suspended sentence in 1968 and 1969 probably not as many as 40% would prior to 1968 have received a sentence of imprisonment.

In addition, it appears that in the magistrates' courts, suspended sentences tend to be for a rather longer term than would be thought appro- priate for an immediate sentence of imprison- ment.

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