政府的提前释放政策旨在缓解监狱不堪重负的压力。据《卫报》报道,由于法院和监狱系统面临巨大压力,英格兰和威尔士可能会有更多罪犯被保释后重新回到社会。
The government’s early release policy is aimed at reducing pressure on oversubscribed jails.
周四,伦敦警察局局长马克·罗利(Mark Rowley)严厉批评了一名男子的保释决定:该男子承认拍摄了儿童和女性的照片,并利用人工智能对这些照片进行了不当处理。尽管检方和警方认为他应该被继续关押,但他仍被保释到了自己公寓(公寓窗外就是儿童游乐场),并在那里实施了部分犯罪行为。
Photograph: PA Images/Alamy Sources tell the Guardian they are braced for more offenders being bailed into the community ahead of October’s early prisoner release More sexual predators in England and Wales could be freed instead of jailed because of the pressure on courts and prisons, police sources have told the Guardian. The warning comes after the Metropolitan police commissioner, Mark Rowley, on Thursday condemned the release on bail of a man after he admitted taking pictures of children and women, and then using AI to sexualise them.
其中一名受害者表示,由于法院拒绝在周四宣判前将其关押,他们不得不搬家。最终,该男子被判处两年监禁。
Zafer Dogan was bailed to his flat overlooking a children’s playground, from which he committed some of the offences he admitted, despite prosecutors and police saying he should be remanded in custody.
一位高级警方人士表示:“我们担心英格兰和威尔士会出现更多类似的情况——那些本应被关押的罪犯反而被保释,这让受害者们倍感痛苦。”
One of his victims said they had to move after courts declined to send him to jail ahead of his sentencing on Thursday, where he was imprisoned for two years.
政府的提前释放政策预计将于下周四正式实施,目的是缓解那些即将满员的监狱的压力。该警方人士还指出:“目前的缓刑制度已经不堪重负,警方不得不承担更多原本不属于他们的罪犯管理工作;这种状况最终会导致某些方面的工作受到严重影响(例如常规的犯罪打击工作)。”另有警方人士怀疑,法院现在比以往更不愿意将嫌疑人送进监狱。
A senior police source said they feared more such cases across England and Wales where charged suspects are released rather than jailed: “We are bracing ourselves for more of this across the country, that is, offenders who should be remanded, instead being freed on bail, to the distress of their victims. “Some forces are better resourced to deal with this than others. It is going to be a nationwide issue.” The government’s early release policy, to ease pressure on prisons where places are on the verge of running out, is expected to start next Thursday.
一名伦敦警察厅的高级知情人士表示,他们认为随着案件的进展,法庭越来越不愿意对持刀犯罪嫌疑人进行审前羁押,因为他们怀疑最终的判决不会是监禁。这位人士说:“在持刀犯罪方面,我们看到监禁率有所下降,这可能是法庭某种心态的影响——他们认为如果嫌疑人在(定罪)最后不会被收监,为什么还要将他们羁押在监狱里呢?”伦敦警察厅公布了一个新案子的详情,以展示该系统面临的危机。
The police source added: “Probation is crumbling, policing is having to pick up extra offender management work which it has not had to do before. Something has got to give. “The work that will be created because of increases in crime and the management of offenders in the community will take away from regular frontline crime fighting.” Some in policing suspect courts are more reluctant than before to send suspects to prison.
该警方机构表示,这名17岁男孩在6月至9月期间曾五次获得保释,获释后两次违反电子脚镣监控条件,并又犯下了四起罪行,包括两起抢劫罪以及制作和传播儿童淫秽影像。
A senior Met source said they believed courts were increasingly reluctant to remand knife crime suspects in custody as cases progressed, because they suspected the final sentence would not be custodial. “On knife crime we are seeing less imprisonment, possibly the effects of a mindset of courts where they think if suspects are not going to custody at the end [when convicted], why remand them to prison,” they said.
伦敦警察厅称,警员们进行了长达23小时的轮班工作,希望能将他收押,结果却还是让他获得保释。
The Met released details on a new case to show the crisis the system faces.
负责该调查的警长韦斯·卡拉姆(Wess Kalam)说:“看到他一次又一次地被保释,却又因涉嫌进一步犯罪或违规再次被捕,这对警员们来说极其令人沮丧。”
The force said a 17-year-old boy had been bailed five times between June and September, and when released breached conditions for his electronic tag twice and committed four further crimes, including two robberies and making and distributing indecent images of children.
“我们一直在努力做出优先考虑受害者安全的决策,但当我们逮捕并提请羁押的个人被释放回到社区时,这既限制了我们能够产生的影响,又增加了公众面临的风险。”
Officers worked 23-hour shifts hoping to see him remanded in custody, only for him to be bailed, the Met said. DS Wess Kalam, who led the investigation, said: “It is incredibly frustrating for those officers to see him repeatedly released on bail, only to be arrested again for further alleged offending or breaches.
全国警察局长委员会(NPCC)刑事司法改革负责人、助理警察总长杰森·德文波特(Jason Devonport)表示:“我们认识到,刑事司法系统正承受着巨大的压力和严峻的形势。这就是为什么我们总体上支持《量刑法》旨在缓解监狱容量当前和长期压力的目标。”
“We continually work to make decisions which prioritise victim safety, but when an individual we have arrested and remanded is released back into the community, it both limits the impact we can have and increases the risk to the public.” skip past newsletter promotion after newsletter promotion Assistant chief constable Jason Devonport, the National Police Chiefs’ Council’s (NPCC) lead for criminal justice reform, said: “We recognise that the criminal justice system is operating under severe stress and challenging circumstances. That is why we broadly support the aim of the Sentencing Act to ease the current and long-term pressure on prison capacity.
“然而,公众对刑事司法系统的信任和信心决不能因为这些改革而丧失。该系统必须作为一个整体来保护公众,优先将监狱名额留给危险且惯犯的罪犯。”
“We continually work to make decisions which prioritise victim safety, but when an individual we have arrested and remanded is released back into the community, it both limits the impact we can have and increases the risk to the public.” skip past newsletter promotion after newsletter promotion Assistant chief constable Jason Devonport, the National Police Chiefs’ Council’s (NPCC) lead for criminal justice reform, said: “We recognise that the criminal justice system is operating under severe stress and challenging circumstances. That is why we broadly support the aim of the Sentencing Act to ease the current and long-term pressure on prison capacity.
“我们将继续发挥我们的作用,逮捕违法者并将其送上法庭,在适用的情况下争取最严厉的判决。我们还将继续与政府合作,确保我们共同拥有保护社区安全所需的警力和工具。”
“However, public trust and confidence in the criminal justice system must not be lost through these reforms. The system must work as one to protect the public, prioritising prison spaces for dangerous and prolific criminals.
罗利曾多次就司法系统及其缺陷发表干预言论。伦敦警察厅的一位高级消息人士补充道:“刑事司法系统已经超负荷运转,我们担心会看到越来越多的此类案件。”英国警察局长协会(NPCC)估计,英格兰和威尔士的警务部门因提前释放囚犯而产生的费用将达到4.8亿英镑,犯罪率最高将上升6%。
“We will continue to play our part in arresting offenders and putting them before the courts, advocating for the toughest sentences possible where appropriate. We will also continue to work with the government to ensure we collectively have the officers and tools we need to keep communities safe.”
仅伦敦警察厅一家的账单就可能高达约1亿英镑,而此时该警察厅和其他警力已经在大规模削减开支。
Rowley has made several interventions about the justice system and its failings. A senior Met source added: “The criminal justice system is overloaded, we worry we will see more and more of these cases.” The NPCC estimates costs to policing in England and Wales of early release to be £480m and a rise in crime of up to 6%.
扎费尔·多甘(Zafer Dogan)获准保释,回到其位于游乐场附近的公寓。
The bill for the Met alone could be about £100m, at a time when it and other forces were already making cuts.
照片:伦敦警察厅/PA 伦敦受害者专员安德烈娅·西蒙(Andrea Simon)表示:“多甘的案子鲜明地说明了当受害者安全不被放在首位时会发生什么。令人不能接受的是,在本案中,受害者及其家属在多甘被保释到他曾实施犯罪的地址后,被迫离开自己的家并搬进临时住所。”
Zafer Dogan was released on bail to his flat near a playground. Photograph: Metropolitan police/PA The London victims’ commissioner, Andrea Simon, said: “Dogan’s case is a stark illustration of what can happen when victims’ safety is not prioritised. It is unacceptable that, in this case, it was the victims and their families who felt forced to leave their home and move into temporary accommodation after Dogan was bailed to the address he had been offending from.
“这引发了人们对司法系统在10月实施囚犯提前释放计划后,应对涌入社区的罪犯能力的严重质疑。减轻审前羁押人口的压力,决不能以牺牲受害者的安全为代价。”西蒙表示,警方自身也让受害者感到失望:“本案与对连环性犯罪者兼杀人犯西蒙·利维(Simon Levy)的处理方式有相似之处,后者同样令人震惊地获得了保释,并被允许继续作案。”
“It raises serious questions about the justice system’s ability to manage the influx of offenders into the community following the early prisoner release scheme in October. Pressure to reduce the remand population cannot come at the expense of victims’ safety.” Simon said police themselves had also let down victims: “Parallels can be drawn with this case and the handling of serial sex offender and murderer Simon Levy, who was also shockingly bailed and allowed to continue his offending.
“在莱维的案件中,我呼吁政府成立一个由多个部门组成的联合审查小组,以调查并总结警方、皇家检察官以及法院在信息共享、风险识别与应对方面的严重失误。”当被问及是否同意罗利的批评时,一位政府发言人表示:“这些罪行极其恶劣,我们向受害者及其家属表示深切的慰问。”
“In Levy’s case I have called on government to commit to a multi-agency review to examine and learn from the significant cross-justice agency failings from the police, crown prosecutors and the courts around information sharing and understanding and responding to risk.” A government spokesperson, asked if they agreed with Rowley’s criticism, said: “These were awful crimes and our thoughts are with the victims and their loved ones.
“在决定是否允许罪犯保释时,必须始终将保护受害者、证人以及公众的安全作为首要考虑因素。虽然皇家检察官有权提出异议,但最终的决定权仍属于独立的司法机构。”
“The protection of victims, witnesses, and the public must always be considered when deciding whether or not an offender should be released on bail. While CPS have the right to challenge these, final decisions are made by the independent judiciary.
“我们已经制定了新的严格法律,禁止使用任何用于制作儿童性虐待图像的人工智能工具,同时关闭那些传播此类内容的网站,从源头上阻止这类恶劣内容的产生。”
“We’ve brought in tough new laws to ban AI tools designed to create child sexual abuse images, target websites that spread them and stop this vile material being created in the first place.”