Coronavirus may stop criminals being jailed after guidance by most senior judge in England

The Lord Chief Justice, Lord Burnett, said those responsible for passing sentences should bear in mind the impact of a custodial term on an offender is likely to be greater as a result of the crisis.

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Lord Burnett said some prisoners are currently locked in their cells 23 hours a day, are unable to receive visits and are likely to be anxious about the risk of transmission of the virus in jails - as are their families.

He said: “The current conditions in prisons represent a factor which can properly be taken into account in deciding whether to suspend a sentence.

“Judges and magistrates can therefore, and in our judgment should, keep in mind that the impact of a custodial sentence at the moment is likely to be greater during the current emergency than it would otherwise be.”

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The judge made the remarks yesterday while dealing with the case of a paedophile who was given a 12-month suspended sentence, with a nine-month curfew between 9pm and 6am, at Bristol Crown Court in February.

The sentence was referred to the Court of Appeal by Solicitor General Michael Ellis QC, who argued it was unduly lenient for his crimes.

Lord Burnett concluded the sentence was unduly lenient and increased it to two years, but ordered that it should remain suspended.

Cases of Covid-19 have been confirmed in more than half of jails in England and Wales.

A total of 341 prisoners had tested positive in 72 jails - and 18 had died - as of 5pm on Wednesday, the Ministry of Justice said.

Some 364 prison staff have now contracted the virus in 64 jails and six have died.

There have also been 11 prisoner escort and custody services staff who have tested positive.

On Thursday, Justice Secretary Robert Buckland confirmed ‘about 40’ prisoners had been freed from jail early as part of efforts to control the spread of coronavirus behind bars.