Although it’s no certainty you’ll be sent down, having a lengthy criminal record can go against you when you’re sentenced for another offence.
Courts denied sending a newly-convicted man or woman to prison last year 3,325 times even though they had 50 or more past convictions. Of 252 cases, the person in the dock had more than one hundred earlier convictions yet was not imprisoned.
They were released in Parliament by the Ministry of Justice, and the data encompassed England and Wales. Since they do not disclose the most recent offence in every case, most were probably minor offences. According to a second MoJ table, the latest conviction for a violent crime was in just five of the 252 cases and just 90 of the 3,325 cases.
Although the capacity issue in jails has lately prompted judges and magistrates to contemplate imposing community sentences instead of prison terms, the table of numbers shows that non-custodial sentencing for serial criminals is not a new phenomenon. Between 2012 and 2023, there were more than 200 incidents of somebody being spared incarceration for their latest offence despite having more than 100 past convictions.
Last year also saw one individual convicted of burglary avoided jail for a fresh burglary sentence despite having 21 prior convictions for burglary; another person was spared jail for a sexual assault conviction despite having seven previous convictions for sexual assault.
Government whip Nicholas Dakin revealed the Commons’ findings and remarked that such data was not typically released, saying: “The information presented has been acquired from a complex retrieval from the Police National Computer. Sentencing decisions in particular situations are for the independent court, and this should be emphasised.
The material was published in response to a written inquiry from Conservative MP Neil O’Brien, who has opposed plans to construct a sizable new jail near HMP Gartree in his district of Harborough, Leicestershire.
If you or anyone you know have been affected by the people highlighted in this article, then please report those individuals to the Police on 101 (999 if an emergency) or visit their online resources for further details of the options for reporting a crime. You can also make a report at Crimestoppers should you wish to be completely anonymous. There is help available on our support links page.