THERE is one thing for certain about the comments of the Lord Chief Justice and the Lord Chancellor - they will not deter a single burglar.

But perhaps we have now reached the stage where judges do not feel the justice system has any role to play in cutting crime.

Lord Woolf and Lord Irvine seem far more concerned with the rights of the burglar than the victim. They suggest burglars should not be jailed for their first or second offence or if there are no "aggravating features".

Well, every burglary has "aggravating features" - the intrusion into someone's home and the devastating long-term mental affects this can have, regardless of what is taken. And in the real world there is no such thing as a first offence burglar. They commit far more burglaries than they are ever brought to justice for.

The learned judges don't seem to have any comprehension of the role a burglar plays in the overall crime rate of urban communities. My experience as a police officer has taught me that burglars are "crime drivers" - remove them from society and crime will fall across the board.

From the moment he rises in the morning, a burglar is looking to make an easy buck. It might be pinching the milk on the doorstep, a kid's bike or mobile phone, a spot of shoplifting, handbag snatch, car radio theft or whatever opportunity arises. By nightfall, when the burglar is prowling his patch for likely targets, he has already committed a series of crimes.

Perhaps Lord Irvine in his fortress regards these as trivial, but they are extremely annoying for the victims on Britain's estates where many work for a week to take home what Lord Irvine spends on a roll of wallpaper.

As a police officer I targeted burglars because a conviction meant jail and with the "crime driver" off the street there would be a fall, not only in burglary, but crime overall. Now, as Mayor of Middlesbrough, I am delighted to see a partnership between Town Hall-funded community wardens, the police and public has helped cut burglaries by over 40 per cent.

Jail is the only punishment a burglar really fears and it gives the public a respite from his nefarious activities. Also, if police, the local authority and the courts are seen to be doing their jobs, then confidence grows. The public are not afraid when they walk down the street or when they go to bed. In effect, the fear of crime is transferred from the citizen to the criminal. But all this good work will be seriously undermined if burglars are allowed to walk free.

There is nothing more demoralising for local residents, community wardens and the police than to have worked together to catch a burglar only to see him back on the streets the next day. Criminals break the law because they think it is a risk worth taking and burglaries will rise if the risk of jail is removed.

Tony Blair told the country he wanted police officers with "a zero tolerance of crime" and in the recent Crime and Disorder Act he placed a responsibility on local authorities to work with the police to cut crime.

We have heeded that call, now the Prime Minister needs to make similar demands of the judiciary.

Published: 10/01/2003