More than half of all criminals with at least 45 previous convictions are spared jail, a report has found.
So called “hyper-prolific offenders” were found guilty of almost 10,000 offences last year, but just 47 per cent received an immediate custodial sentence, with some receiving no substantive punishment at all.
Data published by Policy Exchange, a think tank, also revealed that “prolific offenders” – those with at least 16 previous convictions – were only jailed in a quarter of cases.
With charging decisions now taking longer and the prison population expected to soon exceed capacity, the report warns that the criminal justice system is a “public safety time bomb”.
The report, written by former Metropolitan Police detective chief inspector, David Spencer, states: “An effective Criminal Justice System is central to the operating of a functioning State – protecting its citizens is one of the first responsibilities of Government.
“Although there are of course exceptions, the ministers and officials who have been responsible for our Criminal Justice System arriving at this point have put the public at grave risk from dangerous and prolific offenders.”
Prolific sex offender let off with suspended sentence
In one case, a prolific sex offender, with more than 100 previous convictions, was let off with a suspended sentence despite being found guilty of a further 15 child sex offences.
In another case a man from Gateshead with 343 previous convictions, was given a community order after being found guilty of 10 further theft offences.
Analysis of the data around hyper-prolific offenders – those with more than 45 convictions – revealed that in the year to December 2022, 11 percent received community sentences; 13 percent were fined; 11 percent were given suspended sentences and 7 per cent received a conditional discharge.
Repeat offenders sent to prison
The report recommends that the law is changed to ensure those offenders who repeatedly end up before the courts are sent to prison.
Mr Spencer, Head of Crime and Justice at Policy Exchange: “There are a group of offenders who are, despite their hyper-prolific offending which causes misery to the victims and communities, regularly avoiding prison sentences.
“It cannot be right or fair on the law-abiding public to have to tolerate this level of law-breaking by the same individuals time and again.
“Parliament must legislate so the courts sentence these individuals to prison when convicted. This would protect the public and provide the opportunity for these offenders to do the work that would lead them to being less likely to offend on release.”
Mandatory minimum term of two-year prison sentence
The report suggests a mandatory minimum term of two-year prison sentence for adult hyper-prolific offenders if convicted of further offences.
But for those who are sent to prison, the authors are extremely critical of the state of jails, describing them as “disgraceful”.
Peter Clarke, the former chief inspector of prisons, who wrote the foreword to the report, said: “Most crimes are committed by a relatively small proportion of offenders. They cause havoc, damage and distress in their communities.
“They lead lives that are dangerous both to themselves and those around them. Many are addicted to drugs or alcohol.
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“At the moment there is little in place to help set them on a better path. The Criminal Justice System is failing to protect the public from the depredations of these prolific offenders.
“It is also failing the many offenders who would like to turn their lives around but need help in order to do so.”
The report also highlights the growing backlog in the justice system, revealing that the median length of time to charge suspects has tripled over the last seven years from 14 days to 44 days.
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
