Contributions
923 recent contributions in Hansard
HANSARDPolice, Crime, Sentencing and Courts BillI do not want to give an incorrect answer to the noble Lord. I know that there are different codes of practice and different sets of procedures in various parts of the Bill. Can I…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI have said that we will publish the principles which underpin the Secretary of State’s decision. The other point that I make in this regard, which goes to the adequacy of reasons…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI am certainly not critical of any particular sentence passed in any particular case. What I do think the figures show is that we need a test that more clearly balances the…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, these amendments, which I am grateful to the noble Baroness, Lady Massey, for putting down, all relate to custodial sentences for children. There were one or two points…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, first, I will pick up one point from the last group to make it very clear: if I have made any errors, I am happy to correct them. As far as I am aware, there is no…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMay I first deal with the caution points? I do not want to run those two topics together. On cautions, there is a fundamental point here. The simple caution is really what it says…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillAs I said a moment ago, this relates to Clause 80(4) and Clause 89(4), if the noble Lord looks at the last condition in each of those subsections. The code of practice, as I said…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillWithout turning this afternoon into a jurisprudential seminar, I certainly agree with the thrust of the point made by the noble Baroness that good law is often a combination of…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, of course I understand the point made by the noble and learned Lord. We could have an interesting debate about whether that is properly encompassed in the phrase “rule…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillWell, we did have that exchange. I went through the way that it has been piloted in various police forces, and we had an interesting exchange. I am happy to look again at the…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, it is fair to say that this group of amendments goes to the heart of why reform to out of court disposals was needed and the aims of the new cautions framework. The…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, I hope it is in order to pick up one point that was put to me at the end of the last group and say a word on it. I hope the Committee will forgive me. It goes to all…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, this group of amendments, proposed by the noble Lord, Lord Brooke of Alverthorpe, seeks to require that reasonable steps be taken to obtain and take into account details…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, I thank the noble Lord, Lord Paddick, for putting forward this group of amendments. If I can put it this way, the noble Lord realistically recognised that we have…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, taking that last point first, one of the glories of our system is that the drafting is done by parliamentary counsel, and I will not criticise the way it has been done.…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI was going to say “comprehensible” but that is a pretty high test— perhaps “as clear as good legislation can be”. I have to leave at least some space for my former colleagues at…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillThe purpose of a minimum sentence is that unless the threshold is met—we will debate in another group what that threshold should be—the minimum sentence is imposed. There is…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillThe point I am making is very important and we will get to it in another group. I absolutely accept that people use “mandatory sentence” in a common parlance way, but when we get…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillAs I say, there is a specific amendment on that point, so I will come to this in more detail then, if I may. The question is about when you depart from the minimum sentence. We…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillUnless the exception is met, this is the sentence that will be imposed. I do not want to split hairs with the noble Baroness, but it is not mandatory in that sense. It is a…10 Nov 2021