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923 recent contributions in Hansard
HANSARDPolice, Crime, Sentencing and Courts BillIt is not a mandatory sentence, because you can impose more. Let us be clear: it is a minimum sentence, which has to be imposed unless the exceptions are met. To take it outside…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI am really not sure that we are saying anything different. As I said, we will come in a later group to how many offenders do not get the minimum sentence with some sentences.…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI will come in a moment to the word “exceptional” as I think that was the point made by the noble Lord, Lord German. I have been a little diverted on the way, but we will get…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI hear the words, “higher bar”. I do not disagree that “exceptional circumstances” is a stricter test. There is case law on that, although the name of the case has slipped my…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, these amendments seek to ensure that the courts depart from imposing a minimum sentence, to use the words of the amendment, only where it would be “contrary to the…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, this is obviously an important set of amendments. I thank all those who spoke on the arguments put forward. We agree across the Committee that sexual violence is a…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, the amendments all refer to the unduly lenient sentence scheme, which is set out in Sections 35 and 36 of the Criminal Justice Act 1988. It allows anyone to ask for…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts Bill10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, this is a drafting amendment to Clause 107. Its purpose, as I hope has been explained, is to prevent a prisoner who is serving a sentence for an offence which, at the…10 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillTo be clear, the only reason I made that point is because I have a very long answer—I am happy to read it—explaining the different ways particular police forces have responded to…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI will come to that point. I will try to answer that question, but if I do not, I know the noble and learned Lord will remind me. However, I think I will come to it. I was just…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, the amendments we are talking to cover a little area and I will take them in turn if I may. I start with Amendments 170, 171 and 190. They remove the authority of a…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillWe can move on. We do not need to raise the temperature at 11.30 pm. We have other things to argue about. Let us get to the substance of this. The committee proposed a number of…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillIt has nothing to do with the hour. On every Bill I have done, I have had the Bill team on WhatsApp, whether it was the Domestic Abuse Bill at 3 pm or this Bill at 11.29 pm. The…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillMy Lords, I recognise that this group of amendments in the name of the noble and learned Lord, Lord Falconer of Thoroton, has come about because of recommendations from the…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillJust for the record, and because the officials have worked extremely hard, I have a WhatsApp group with them. In fact, I have been doing all this work without officials there.…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillThe noble and learned Lord, Lord Judge, is very kind. I was going to say that, because I am standing up, I will spare the blushes of the noble and learned Lords, so that they do…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillOf course, and I will write to the noble Lord with an answer. I just want to be clear what exam question he is setting me. I assume that he is excluding recklessness. He is…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI wonder whether health and safety is not, in fact, an example. This is not my area of the law, and I am reluctant to give examples from the Dispatch Box, but I think we have to…08 Nov 2021HANSARDPolice, Crime, Sentencing and Courts BillI accept that it may be a severe penalty. It depends who you are dealing with, and the circumstances. There are other factors which the courts have to bear in mind when…08 Nov 2021