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<p>Sentencing is a matter for our independent courts, who take into account all circumstances
of the case, including any aggravating and mitigating factors. We are clear that sentencing
must match the severity of a crime.</p><p> </p><p>However, sentences should also rehabilitate.
There is persuasive evidence showing community sentences, in certain circumstances,
are more effective than short custodial sentences in reducing reoffending. The MoJ
study ‘The impact of short custodial sentences, community orders and suspended sentence
orders on re-offending’ published in 2015 found that over a 1-year follow up period,
a higher proportion of people re-offended having been sentenced to custody of under
12 months without supervision on release than other similar people given community
orders.</p><p> </p><p>Unless we tackle the underlying causes of offending, we cannot
protect the public from being victims of crime. Effective community orders can address
offenders’ behaviour, answer their mental health and alcohol or drug misuse needs,
and provide reparation for the benefit of the wider community.</p><p> </p><p>Data
on the highest number of previous cautions and convictions for a selected offence
type for a person who received their first immediate custodial sentence for the selected
offence type, covering the period year ending September 2016 – year ending September
2018, can be viewed in the table.</p><p> </p><p>The data provided in the accompanying
response table is sourced from MoJ's extract of the Police National Computer. As benefit
fraud offences are not prosecuted by the police, we are unable to answer PQ230707.</p><p>
</p><p>Caution should be exercised in drawing general conclusions from this data.
By definition these are the very extremes of the system – the individuals with the
very most convictions. Most significantly the 2015 study suggests that giving a short
custodial sentence to a prolific offender is more, not less, likely to result in them
committing another offence after custody, compared to giving them a community sentence.</p>
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