On 29 July, three children were attacked and killed at a dance class. As the news of the tragedy spread on social media, a childminder called Lucy Connolly began posting messages on X. She called for her 10,000 followers to "set fire" to the hotels housing asylum seekers and for "mass deportation now".

In the wake of the attack, there were violent riots across Britain. Last week, Connolly was sentenced to 31 months in jail for stirring up racial hatred. The judge, Melbourne Inman KC, said the sentence was intended to "punish and deter".¹

This was not the only prison time handed out after the riots. A young man was jailed for 20 months after kicking a shop window in Manchester. And a father-of-one from Manchester was sentenced to 21 months for pouring cider on a police officer.²

Many who witnessed the violence will support these tough sentences. Strict policing, quick trials and immediate prison time helped to stop the riots from spreading. But others will wonder how fair these judgements were, especially when compared with sentences handed out for other crimes.

In America, freedom of speech is protected by the ConstitutionA document that sets out the fundamental rules according to which a country is governed, which are usually difficult to change.. According to the conservativeHolding traditional values, and in a political context, favouring policies such as private ownership. campaigning organisation Standing for Freedom, the idea that someone could go to prison for a tweet is "authoritarianEnforcing strict obedience to authority.". Comments made on social media should not be considered crimes unless they contain "specific, immediate, credible threats to do violence".³

Others argue that sentencing is inconsistent. For example, the environmental protestors whose actions forced the closing of the M25 in November 2022 were sentenced to four or even five years in jail. According to one poll, 61% of the British public thought this sentence was too harsh.⁴

This is even more obvious when you look at the crimes for which offenders were never jailed. According to the respected think tankA research organisation focusing on a certain topic, such as climate policy or education. They often produce information used by businesses, governments and big organisations. Policy Exchange, this includes "prolificProducing a large amount of something. " criminals who are responsible for nearly half of all convictions. For instance, a sex offender with more than one hundred convictions did not receive a prison sentence for his most recent sexually motivated offence.⁵

On the other hand, Britain's prisons are already full. Judges have been encouraged to avoid handing out jail time, because there is not enough space for offenders. There is also a backlog of offenders awaiting trial, which puts even more pressure on the system.

The prison population in Britain has been relatively stable for a decade. At the same time, there have been long-term falls in overall crime since the mid-1990s. Average custodial sentence lengths are at new highs.⁶ This means it is wrong to think that criminals are getting away with crimes.

Judges explain their reasoning before sending anyone to prison. Those judgements are available online, yet few people bother to read them before they criticise sentencing. From the outside, jail terms can be confusing, but justice is about more than public opinion.

Is British sentencing fair?

Yes: The public supported harsh sentences after the summer riots. Prison overcrowding is caused by a lack of state funding, rather than the legal system.

No: Repeat offenders, including people who commit shocking crimes, still avoid time in prison. Meanwhile, peaceful climate activists can spend as much as five years in jail.

Or... Sentencing can be complicated and confusing. That is why cases should be considered individually and judgements should be read before reaching any conclusion.

Constitution - A document that sets out the fundamental rules according to which a country is governed, which are usually difficult to change.

Conservative - Holding traditional values, and in a political context, favouring policies such as private ownership.

Authoritarian - Enforcing strict obedience to authority.

Think tank - A research organisation focusing on a certain topic, such as climate policy or education. They often produce information used by businesses, governments and big organisations.

Prolific - Producing a large amount of something.