Half of gun criminals given minimum

Official figures obtained by the Liberal Democrats show that judges are making widespread use of their discretion to impose a more lenient sentence in "exceptional circumstances".

In 2006, the data shows that just 50.2% of defendants convicted of possession in courts in England and Wales received the five-year mandatory minimum introduced by the Home Office in 2004.

Among 16 and 17 year-olds, the proportion receiving the lower minimum for younger offenders was about one third.

Meanwhile, there was apparent evidence of judges' reluctance to impose mandatory minimum seven-year sentences in cases of people convicted for a third time for class A drug trafficking. The minimum punishment was handed down just seven times in 2006, three times in 2005 and four in 2004.

Liberal Democrat home affairs spokesman Chris Huhne said that the figures showed that it was wrong to limit judges' discretion through the use of mandatory sentences, and accused ministers of "macho posturing" with them to appear tough on crime.

He pointed to the case of a woman who was forced by gangsters to hide an illegal gun in her home and ended up accidentally shooting her own child with it, when the judge ruled that the five-year minimum was too harsh.

Mr Huhne told BBC Radio 4's Today programme: "'Exceptional circumstances' are allowed, but they are meant to be technical issues, like if you have forgotten to renew your licence. In fact they are being interpreted much more widely and I think, frankly, rightly, because there are a wide number of circumstances that judges have to take into account.

"What this really shows is that mandatory sentences don't work. You have to have a kaleidoscope of real life and reflect that in the decisions judges take.

"Judges should have the discretion. Sentences can be very tough and are very tough. The real problem is that ministers are using mandatory sentences as macho posturing to pretend they are being tough on crime when actually if you want to get tough on crime, the most effective thing is not to be even tougher with sentences - because we are already - but to catch more of the people committing crime."