Sentencing Bill [HL] — House of Lords, 2020-06-25
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I thank all noble Lords, and noble and learned Lords, for their contributions. I reiterate my thanks to the Law Commission, and in particular to Professor David Ormerod and parliamentary counsel, for producing this consolidating measure—one that we all recognise is of supreme importance in this context Going forward, I acknowledge the importance of Parliament, when looking at matters of sentencing, being conscious of the need to mend the Sentencing Code and not derogate from it. Of course, we cannot bind future Parliaments, but we can make it clear today that we consider that that is the only appropriate way forward in dealing with further changes to sentencing I will touch briefly on a procedural matter raised by the noble Lord, Lord Campbell of Pittenweem, and touched on by the noble and learned Lord, Lord Thomas of Cwmgiedd. My understanding is that, because this is a consolidation measure, parliamentary practice does not require or direct the preparation of Explanatory Notes, the explanation being that it is a consolidation of the existing law. It may be a point of practice that will be looked at again in the future, but that is why there are no Explanatory Notes I will touch on some of the issues raised by noble Lords. The noble Lord, Lord Blunkett, raised the matter of IPP prisoners and prison sentences. I should point out that the Bill does not cover release, which is dealt with by Part 6 of the Criminal Justice Act 2003. Release and recall provisions for IPP prisoners remain as they were before The noble Lord also raised the matter of training, as did the noble Baroness, Lady Sater. Of course, we appreciate how critical that will be, and we appreciate that the Judicial College will take on that role with regard to the judiciary. We have heard no expressions of concern about its ability to do so, which may very well reflect the skill with which the Law Commission and parliamentary counsel produced such a formidable Sentencing Code in language of such clarity. Of course, the training will go beyond that of the judiciary and will be required of the legal profession in general. A number of noble Lords quite rightly mentioned illegal sentences. We have to see the results of the relevant sample in context. What was being looked at were sentences that had been challenged as being either excessive or unlawful and which had therefore been brought to the Court of Appeal Criminal Division to be dealt with. Of course, it is an unusually high proportion of the work before the Court of Appeal, but these sentences were the subject of appeal and were being disposed of—and were the subject of appeal because an error in sentencing had been identified. So I suggest that one should not conflate that with the notion that 36% of all criminal sentences handed down by the judiciary are liable to be illegal. That would not be an appropriate inference to draw. But the matter of illegal sentences underlines what I would term the time-layered complexity of sentencing law, as it is built up over many years. That is what Professor David Ormerod addressed with the extremely astute use of what is termed the "clean sweep" mechanism and with the development of the Sentencing Code itself The noble Lord, Lord Carlile of Berriew, asked about the Bill’s commencement. We would like to see it commence as soon as possible, of course, and we continue to aim for 1 October 2020. The legislative programme has been under strain, for reasons that are all too apparent to noble Lords and noble and learned Lords, but at the moment we continue to aim for that date and we understand its importance On some of the other points that were raised, the noble Lord, Lord Addington, asked how the clean sweep would apply to someone who committed an offence before the Sentencing Code came into place. Safeguards there ensure that, if an individual would be subject to a sentence under the code which is greater than the maximum that would have been available at the time he committed his offence, that maximum at the time he committed the offence will be applicable and he will not be subject to the sentence in the code. I hope that that gives the noble Lord some comfort. Indeed, if someone who committed an offence before the Sentencing Code came into force would be liable to a minimum sentence that did not apply at the time he committed the offence, again, that minimum sentence would not be applied to him. That is part of the process that is being brought in, albeit it will be transitory because eventually we will move away from dealing with offences which were committed before the code came into place The noble Lord, Lord McConnell of Glenscorrodale, raised the question of devolved competence. The Bill does not extend to Scotland, because of course sentencing policy is a devolved competence, and it does not impinge upon devolved competence. A number of matters are dealt with in the code which simply address the transfer to Scotland of community orders and suspended sentence orders, and that is all. However, it does not impinge upon devolved competence as such My noble friend Lord Balfe alluded to the question of reviewing all sentences. We do not contemplate doing that and, as I hope I explained earlier, one should not take the sample of 2012 out of context. It is important to understand just how that came about. Finally, a number of noble Lords—the noble Lords, Lord Adonis, Lord Harris and Lord Trimble—alluded to matters that are essentially outwith the scope of this consolidating measure. I hear what they say, and no doubt Parliament will wish to take account of the concerns that they expressed with regard to both sentencing policy and the whole issue of imprisonment. However, that is a matter for another day I hope that I have dealt with the specific questions raised by noble Lords. Again, I am grateful for the support that is being expressed across the House for this consolidating measure.