‘Wildly different’ sentences ‘just not justice’, ex-DPP warns
By Alex Stevenson Follow @alex__stevenson
Former director of public prosecutions Ken Macdonald has warned against the courts becoming "swept up in moral panic" as sentencing decisions are made about convicted rioters.
His warning about the confidence of the public in the criminal justice system came after one woman was jailed for six months for handling a pair of shorts which had been looted.
"Judges and magistrates live in the world like the rest of us. They read newspapers, they watch television," Lord Macdonald told the Today programme.
"We need to protect their reputation… people read about these sentences and scratch their heads."
Hugh Southey QC, barrister and part-time recorder, suggested on the same programme that sentencing disparities were being exaggerated because of public scrutiny – "and because these circumstances are pretty unprecedented and judges are having to sentence people without clear guidelines", he added.
Lord Macdonald called for the Sentencing Council to meet to draw up guidelines which would help judges and magistrates improve the consistency of the punishments they are handing down.
"This is a very sensitive balancing exercise," Lord Macdonald added.
"There's no room for personal feelings or personal emotions when you're passing sentences in a criminal court."
Debate over riot sentencing has opened up a divide between Conservative and Liberal Democrats in recent days. Yesterday prime minister David Cameron made clear he welcomed severe sentencing decisions.
The debate appeared to continue this morning when Julian Huppert MP, a Lib Dem MP, tweeted: "Always good to hear Ken MacDonald talking sense."
But Welsh Office minister David Jones MP tweeted: "I'd be astonished if courts did lose their objectivity. Not appropriate for politicians to second-guess judicial decisions."
His comments reflected those of former Lib Dem leader Sir Menzies Campbell, who told BBC Radio 4's PM programme yesterday that political debate about sentencing policy was "not consistent with the rule of law".
Sir Menzies said: "What I don't think is right is that politicians should have a league table in which they approve of some sentences and disapprove of others. It's none of our business."
