{Sentencing [continued]}[21st February 1970]

[Redbook1:127-128][19700221:1820a]{Sentencing [continued]}[21st February 1970]

 6.30 p.m. [continued]

            The distinction here is between those criminals who are capable of reforming themselves and those who are incapable -- a difficult point to decide in court on a first offence, but it becomes more apparent later.

            Prison governors are not qualified to decide on remission -- only to recommend their point of view.  The courts, not the Home Office, should carry the individual case through.

            The systems could be intermingled to allow for changes between them if necessary.

            The mini-recorders would not in fact be listened to throughout, but it would be publicised that they could be i.e. no moment is private.  They would involve the bearer in a form of social ostracism, or at least straining [sic].  They would also be used in [the case of] “cured” and released “incapables” -- for extra security.

            The system of recorders would have to be watched very carefully to ensure it was only used when necessary.

            In addition, short prison sentences would still be used where appropriate: to stop someone doing something within a certain limit of time, to enforce “let the punishment fit the crime” methods.

            For juveniles, psychiatric and environmental help is even more important, though basically the same methods would be applied.

            Ridicule is a useful weapon for conditioning purposes (conditioning meaning, in this context, punishment).  Under certain circumstances, where the criminal had not got the sympathy of a section of the public, the stocks could be used to good effect – not  for physical pain but simply (a) to humiliate the criminal, (b) to show the public who he was, and (c) to encourage others.  They would be outside a police station and under guard.  I am not certain that this should be used except in very singular cases of local trouble-makers with many acquaintances but few supporters.  Tomatoes etc would not be allowed; insults would, for a limited period.  The stocks would be under shelter.  They would not be used where the result would be to make a martyr or figurehead.

            Very young children, e.g. six to ten [years old] would be treated like juveniles -- but limited corporal punishment might be useful in this case, by trained and reliable experts.

           

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