PROSECUTORS should be more active in ensuring that the punishment really does fit the crime, their national boss said when he visited York.

The Director of Public Prosecutions, Ken MacDonald QC, was responding after the Evening Press posed questions about the number of the city's criminals who have had their sentences cut by the Court of Appeal in the last year.

Mr MacDonald, a barrister for 25 years, said he could not comment on judges' decisions and said that, in his experience, on average only one in ten appeals succeeded.

But he said: "Prosecutors should play a greater role in sentencing.

"The prosecution can help judges every time in a sentencing hearing, by setting out the aggravating features. They can help judges with sentencing guidelines."

The prosecuting lawyer's role did not finish with opening the case against an offender.

"I don't think the prosecution should sit on their hands in court if the defence is using derogation of victims in mitigation."

Mr MacDonald was also keen that the prosecution should ensure judges know the effect of a crime upon the local community and that an offence may seem minor in one area, but have a major impact in another.

"I think the sentencing court needs to understand the crime is for the victim and what it means for life in the community," he added.

North Yorkshire's Chief Constable, Della Cannings, backed Mr Macdonald's call for judges to be made more aware of the effect a crime can have on the victim's community.

She compared the theft of two packets of crisps in a small village and in an urban area.

She said that in the village, it would have a much bigger effect because it might be the only crime in the area for some time, whereas in the urban area it would be seen as very low down in the list of local crimes.

250 months sliced off criminals' sentences

AN Evening Press investigation revealed more than a dozen criminals jailed at York Crown Court have successfully appealed against their sentences.

Fifteen convicted criminals - among them perverts, drug dealers and thieves - have managed to get more than 250 months slashed from their sentences.

Last week, David Lutz Ward, 42, of Acomb, had his 19-year sentence cut by four years on appeal.

Judges in London decided that Ward, a pornographer who attempted to rape a baby and took photographs of himself as he did it, had not been given enough credit for pleading guilty.

Another criminal whose sentence was cut was drug addict Simon Watts, who viciously attacked great-grandmother Jean Simpson. He robbed her and left her for dead near her home in Clifton. Watts' nine-year jail term was sliced to seven by appeal court judges in January.

Mrs Simpson, 74, said: "I see criminals getting their sentences cut in the papers and on television every day. It's like we don't count."

In March, death-crash driver Justin Martin's sentence of three years and nine months was reduced by 15 months.

His "utterly reckless" driving caused the death of Kirstie Buckle's young son, Blake Spencer.

Kirstie said: "I'm disgusted. My son is dead and I am still in a wheelchair, and yet Martin could be out of prison in November."

Better deal pledged for victims of crime

ENGLAND'S top prosecutor promised a better deal for crime victims to help them cope with the trauma of their day in court or the witness box when he visited York.

North Yorkshire criminal justice bosses have also pledged they will help witnesses from rural areas get to and from court despite poor public transport in their areas.

Ken MacDonald QC, the Director of Public Prosecutions, was opening Athena House at Clifton Moor, a new combined police and Crown Prosecution Service building.

"Traditionally, victims and witnesses have been treated very poorly and poorly by international standards," he said to assembled county criminal justice and municipal leaders.

"It's been 'Turn up at court, have a hard time, thank you very much and, if you are lucky, we might tell you at the end of the day, the result of the case.'"

But under a £27 million Government initiative involving the Athena House based Witness Care Unit, he pledged that the prosecuting authorities would keep in close contact with witnesses, contact them before trials to find out about travel difficulties and keep them up to date.

North Yorkshire's chief prosecutor, Rob Turnbull, said the unit's staff would be finding out the needs of witnesses and victims before their trials and supporting them throughout the case, including ensuring that they can get to court.

He was supported by North Yorkshire's Chief Constable, Della Cannings.

Afterwards, Anne McIntosh, MP for the rural Vale of York constituency, said she wanted to see scheme staff going through travel arrangements with witnesses, particularly if they had to change buses or transport mid-route.

The Witness Care Unit was launched on March 7 and currently has six staff focusing on York and Selby Magistrates Court cases. Under the title No Witness, No Justice, the scheme will extend throughout the year until it deals with all cases in North Yorkshire, regardless of which court the case ends up in.

The unit is part of a three-pronged attack at increasing convictions in North Yorkshire and York which includes police and prosecutors working from the same file for each case instead of having separate files.

The Crown Prosecution Service will also be taking over responsibility from the police for deciding what charges offenders should face.

Updated: 10:51 Wednesday, May 11, 2005