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Legal Commentary

: Althouse

In Britain, the slowly dawning realization that burglary is a serious crime.

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The Lord Chief Justice, acknowledging "a long-standing, almost intuitive belief that our homes should be our castles," is urging courts to give tough sentence to those convicted of burglary.

Meanwhile:

Labour initially adopted a tough stance on burglary, enacting a Tory plan in 2000 to impose minimum three-year jail terms for those convicted of a third offence, although the measure was watered down to give judges more discretion.

But since then magistrates and judges have increasingly been encouraged to hand out more community punishments, and the proportion of convicted burglars sent to jail has plunged from 51 per cent to less than 40 per cent last year - down from 14,338 offenders to just 9,237 - while the number of suspended sentences has soared.

Police recorded more than 280,000 domestic burglaries in England and Wales last year but clear-up rates are low at just 13 per cent, and a quarter of all burglars caught by police are let off with a caution.

The Home Office's recent 'policing pledge' does not expect forces to visit burglary victims promptly unless they claim to be 'distressed', and sentencing guidelines published last month urge courts to consider softer punishments for burglars who steal to fund a drug habit.

Full post as published by Althouse on January 17, 2009 (boomark / email).

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