Revealed: The career criminals avoiding prison
More than 100 career criminals across the Black Country and Staffordshire were spared an immediate prison sentence last year – despite having more than 75 previous offences each.
The criminals - 94 in the West Midlands and 16 in Staffordshire according to new Ministry of Justice figures - include thieves, drug offenders and others convicted of public order crimes.
It comes as the Magistrates Association called on the Government to give courts greater flexibility with repeat offenders, including allowing greater control over rehabilitation orders.
In the 12 months to September 2018 in the West Midlands, 188 criminals with more than 75 previous offences each were convicted, but 94 of those received no immediate prison sentence. Meanwhile In Staffordshire 16 of the 35 criminals convicted with more than 75 previous offences were spared jail.
The most common punishment was a suspended sentence, while dozens of other crooks were handed a conditional discharge, meaning no punishment is given unless a further offence is committed.
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The Magistrates Association's national chairman John Bache said that previous offending history was only one factor taken into consideration when passing sentence.
“Magistrates always consider each case on its own merits and follow strict sentencing guidelines," he said.
“Repeat but very low-level offending would not necessarily reach the custody threshold. Custody should only ever be used for the most serious offences, where there are no appropriate alternatives which could fulfil sentencing aims.”
Homeless
The most common crime type committed by re-offenders who avoided prison in West Midlands was theft, with 64 cases. There were also 26 criminals who were convicted of public order offences and were not placed in immediate custody.
Across England and Wales, around 1,500 career criminals with more than 75 previous offences dodged prison.
The Howard League for Penal Reform praised non-custodial sentences, saying time behind bars does not prevent re-offending.
Chief executive Frances Crook said: "What is the point in sending a homeless person to prison because they keep stealing sandwiches?
"The Government’s own research has shown that prison sentences for people who commit prolific nuisance offences have no impact, as they are often people who have nowhere to live or are shoplifting to feed a drug habit. We need to invest in turning lives round, rather than knee-jerk punishments that just make things worse.”
The number of criminals with more than 75 sentences in West Midlands has increased over the last five years, from 28 cases in 2013.
A Ministry of Justice spokesman said: "Sentencing is a matter for independent judges, but under this Government the most serious offenders are more likely to go to prison, and for longer.
"However, while prison will always be the only place for serious and violent offenders, there is persuasive evidence showing community sentences are often more effective in reducing reoffending than short spells behind bars.”
