to be clear, I do not agree with the riots in any way. I think all who participated were pathetic and deserve punishment. But I really do not think the combination of extremely harsh and inconsistent sentencing (compared to the same crimes outside of 'large scale public disorder') with letting other convicted criminals out early to make room for them in prison is a good idea.
It's very well known that currently most shoplifting is unlikely to even get police attending, let alone any prospect of criminal conviction, even if it is repeated and large scale. So someone regularly stealing hundreds of pounds of alcohol from tescos won't ever even get arrested, but someone stealing a few sausage rolls from greggs will get a few years custodial sentence. That's already ridiculous. But then to make room for them in prison by letting other convicted prisoners out on license when they've only served 40% of their sentence - when the chief inspector of probation has already warned that "Inevitably things will go wrong" www.bbc.co.uk/news/articles/ce81wk4ej3ro (because they don't have enough probation officers to oversee them all!) - how is that safe or logical?
I put "rioters" in quotation marks because I would be fine with 'making an example' of those who actively engaged in rioting - who smashed shop windows and threw bricks at police officers. But look at some of these examples - www.bbc.co.uk/news/live/c5y8x2nnwx7t
The 15 y/o stealing a bath bomb and a corned beef pasty without any prior criminal record is unlikely to be a huge threat to society. The councillor's wife posting racial incitement is clearly a hugely unpleasant individual, but as far as I can tell, neither she nor the guy who got more than three years just for re-posting her statement actually went out and did anything. If everyone who was a racist twat online got sent to prison they'd be twenty to a cell.
They should absolutely be punished, but if it's a choice between them being in prison, or someone convicted of assault/death by dangerous driving (an example of which was also in the news today for receiving what the family thought was a far too lenient sentence)/or far more serious theft I know which I think is more of a risk to society. Given the effort, time, and cost in convicting criminals, it's ridiculous to then let them out even earlier than they normally would under early release schemes, just to 'make an example' of people who in any other circumstances wouldn't have even seen a magistrate, let alone received a jail sentence.
Wouldn't hitting them with significant fines or properly monitored and enforced community service as a first resort (and then possibly automatic imprisonment if they fail to pay/turn up) be better, both for the overall safety of the population, the country's finances (actually getting money into the public coffers instead of the huge cost to keep someone in prison), if community service actually doing something to help the places that suffered as a result of their actions and filling in the gaps for councils who apparently can't afford to trim hedges/pick up rubbish etc., be more rehabilitative and fairer/more consistent?