IN A LEGAL move that will surprise and upset many, the Lord Chief Justice has ruled that the average non-professional and non-violent domestic burglar will not be sent to prison.

Announcing the new guidelines in the Court of Appeal yesterday, Lord Woolfe said the sentencing "starting point" of up to 18 months no longer applies. Instead, the courts will now impose a community sentence, such as probation.

Lord Woolfe said the new approach "is intended to provide better protection for the public and to result in some reduction in the use of custody".

Many will be alarmed by this apparent softening of punishment for burglars. Lord Woolfe argues that the public is not best served by the present arrangement, because sending first-time offenders to "grossly over-crowded" jails does not deter them from re-offending after release.

Certainly, the cost to society of convicted prisoners who commit further crimes as soon as they are released is a high one. A penal system which only produces more and more hardened criminals is not doing us any favours.

Yet this remains an issue of crime and punishment - a crime has been committed and punishment must follow. Whether or not probation or community service orders amount to true chastisement is certainly open to debate.

Lord Woolfe argues, in a manner which may not convince many, that the new system will benefit the public because by treating the offender in the community, it will tackle re-offending and make a further offence less likely.

The danger in such an approach is that the one person forgotten in the legal process is the victim.

Lord Woolfe addresses this matter to an extent, because the new measures will not apply to violent or professional burglars - and the effect of the burglary on the victim can be taken into account when sentencing.

This new approach sets a huge challenge for the Probation Service, which will have to show that it is dealing with burglars effectively and not just ticking off offenders who would otherwise have faced a sobering spell in jail.

Updated: 11:48 Friday, December 20, 2002