argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
David John Ramsbotham (Crossbench, Unknown): My Lords, I support Amendments 240A and 259C, so comprehensively introduced by the noble Lord, Lord Marks of Henley-on-Thames. Ever since the formation of the Youth Justice Board, I have been keen on the idea of a women’s justice board, with the accompanying offender management teams, particularly if it was matched by a Prison Service appointment of a director of women’s prisons—a change to the operational management structure of the Prison Service that the MoJ should consider, as I advocated to the Minister when debating an earlier amendment The Minister for Prisons and Probation could chair an executive board, consisting of the directors-general of the prison and probation services and the chairmen of the Youth Justice Board and the women’s justice board, obviating any need for Her Majesty’s Prison and Probation Service, which merely inserts a layer of bureaucracy into the executive board—in other words, between the Secretary of State for Justice and individual prison governors.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Ann Butler-Sloss (Crossbench, Unknown): My Lords, although we have equality—quite rightly—there is no doubt that women need to be dealt with differently from men in their situations of going to prison and in prisons. There is no reason not to be tough on crime, but there is every reason to follow these two admirable amendments from the noble Lord, Lord Marks of Henley-on-Thames. It is time that women’s very special situations were recognised, partly as the mothers of children—we have had some appalling stories of women in prison who are pregnant—but partly, as the noble Baroness, Lady Jones, just said, to stop them offending and to find the best way to deal with them. It may well be that prison is necessary for some of them, but it may well not be necessary for some of those who actually do go to prison if this new board were in place and could provide some of the services that are so admirable in the youth justice system. So I strongly support these two amendments.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, I add my support to these amendments. Will the Minister, when he comes to reply, agree that the application of the justice system to women poses especial challenges for everyone involved in the justice system, from the Secretary of State downwards? Does he agree that, at the moment, regrettably, there is a crisis of confidence as to how the criminal justice system in particular, but also the civil justice system, addresses the needs of women? Does he therefore accept, as has been suggested by previous speakers, that the creation of a women’s justice board would focus much-needed attention on these important topics?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I have some sympathy for the noble Earl’s amendment because of two experiences of mine. First, I had to undergo 10 weeks of basic compliance training when I did my National Service. It had many of the elements listed here. Hope for the future was there. Certainly, a lot of attention was paid to dress and bearing, teamwork, first aid training, conduct and anger management, fieldcraft and so on. I underwent that for 10 weeks as a recruit. Later in my national service, having become a commissioned officer, I was responsible for training recruits, and I noticed a remarkable difference in their behaviour and appearance between the beginning and the end of the 10 weeks. That impressed on me the value of the training that the Army was then able to provide At a later stage in my life, when I was prosecuting criminals, usually in Glasgow High Court, a lot of those who were being prosecuted I could see in my mind’s eye as people who might have been among my platoons of people undergoing training. My great regret was that we had not been able to get hold of them before the gang fights took place that led them to being prosecuted and ultimately going to prison. There is a lot of force in what the noble Earl has suggested. In those days—I am talking about my national service days—there was an enormous force available within the Army to conduct all these procedures. This is not easily managed. You are required to train the trainers and you must have the facilities. However, the philosophy and thinking behind the noble Earl’s amendment has a great deal to recommend it. He is talking about people who have already been convicted, but it would be lovely if one could intercept them before they got into the criminal system in the beginning. We cannot do that but, at least if they have been convicted, we can do something to prevent reoffending, which is what I think his amendment is driving at.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Ann Butler-Sloss (Crossbench, Unknown): My Lords, picking up on what the Minister said about rehabilitation, this is a probing amendment; I have no intention of taking it further. However, there are a very considerable number of people who arrived in prison with drink and drug addiction. All too many of them pick up addiction—perhaps not drink but drug addiction—in prison. The trouble is that, when they leave prison, they almost certainly will not have had very much, if any, help. There are a few systems—but very few—and they are almost certain to reoffend because, once you are addicted to drugs or to drink, you are going to reoffend because you need the money There is a cycle of offences by vulnerable people who have taken up drink and drugs who may be committing drug offences but are equally likely to be committing offences of burglary, theft and other similar crimes. So I am suggesting that the Government put in place at least one residential unit as a pilot project. I know Governments like pilot projects; the great problem is to get them beyond the pilot. In this case, I would like them to get to first base, to a pilot project where a drug or drink addict—generally a repeat offender—should be sent to that residential unit as a probation order, with a requirement to stay there. If they do not want to go or do not stay the course, of course they have a sentence of imprisonment and go back to prison It really might help a considerable number of people. With any luck, it might reduce some of the prison population. So, although the up-front cost of such a residential unit would no doubt be expensive, I suspect it would become cost-effective in the long term. I am not certain that this is really appropriate for primary legislation, but I have put it here to nudge the Government into trying to do something. I beg to move.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Ann Butler-Sloss (Crossbench, Unknown): My Lords, I thank those who have spoken in this short debate. I say to the Minister and the noble Lord, Lord Ponsonby, that I deliberately pitched this too high because I recognise that consent is an absolutely crucial part of any treatment. The nub is that I would like the Government to set up their own residential unit and make it an extremely important part of the sentence, so that the judge or the magistrate can say, "If you are prepared to agree to go to the government residential unit, where you will have to stay until you are told that you can leave, you will not go to prison, but if you do not agree then the sentence will be" whatever it may be. That is what I am looking for from the Government. At the moment, the Government are using everybody else’s residential units. They are expensive, infrequent and insufficient. If we are to crack what is going on, even to a small extent, with rehabilitation for those who are constantly in and out of prison suffering from drink and drug addiction, the Government must put some money up front, produce a residential unit and then say, "That should be a pilot project to see what the success rate is." Having said that, I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I do not think I can add very much to the points that have already been made on the difficulties which this proposal is likely to give rise to, except to say that one has to remember that hearings in criminal trials take a very long time. I do not know whether we, who have never had to be instructed in sign language, are able to tell whether a deaf juror can maintain concentration by that method throughout the entire day that the trial goes on, and indeed whether the interpreter can conduct that process throughout the entire day without relief. Maybe you would have to have another interpreter to come and take over after a reasonable interval, as you often had to do with shorthand writers in the days when they were used.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, I do not wish to be taken as suggesting that what works well in Scotland should necessarily be applied in England and Wales, but I think I am right in saying that there has been some attempt in Scotland to allow juries to be remote. The problem one has is that a judge cannot be in two places at once. I think it was thought more appropriate that the judge should be close to the place where the evidence was being taken, with the juries remote in some other room because of the need for social distancing and so on. My point is simply this: I suggest once again, with great respect, that the Minister should find out what has been happening in Scotland and what the experience has been. They may have decided, for the reasons given by the noble Lord, Lord Pannick, that it should not be continued. I simply do not know, but it is worth exploring to find out exactly what the position is.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Igor Judge (Crossbench, Unknown): My Lords, despite Covid—I know it is not over yet, but despite the 18 months we have had—I have not heard it suggested that one solution to the problems that the courts face is that juries should act remotely. We have trial by judge and jury. I agree with what the noble Lord, Lord Pannick, said, but I want to be just a bit more down to the realities of it. What happens in court when the jury is unhappy with itself or with some of its members? The judge has a most delicate task to perform. On my old circuit—I am sorry to say that the Midlands circuit has this—one juror smelled; he stank, and the jury were extremely unhappy about it. Can all that be done remotely, when the judge is responsible for looking after the interests and needs of the jury as a whole? Do we send messages down the line? How is it accommodated? It requires huge tact, skill and, I think, the personal touch My other concern about this provision was touched on by the noble Lord, Lord Pannick—it is the usual one, I am afraid; you have all heard me talk about it. Why should we give these huge powers when we do not need to give them?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
James Hope (Crossbench, Unknown): My Lords, there is a great deal to be said for the need for justice to be done, as the noble Lord has been saying, but there is another side to the coin, which is a trial within a reasonable time. That factor has been exercising the minds of those who have been trying to progress trials through the desperately difficult situation created by the Covid epidemic. I hope those times have passed but, in the defence of those who have been setting out remote proceedings, they have been doing so under great pressure. People have been languishing in custody for far longer than they should have been, awaiting trial, and that factor has to be taken into account in deciding what is the right thing to do. The noble Lord is absolutely right, of course, that the worst option is the one they were driven to—but they were driven to it for very good reasons.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Technology
David Pannick (Crossbench, Unknown): I am grateful to the Minister. Can he say whether there has ever been such a case While I am on my feet, I have another question. The Minister mentioned that technology may develop. I think the concern from those of us who have doubts about this proposal is not advancing technology but human communication. However good the technology becomes, there is still a vital distinction between watching proceedings on a screen and being in the same room as other people. I suggest to the Minister—this is certainly my experience and, I think, the experience of most lawyers and judges—that, although the courts have worked wonders during the pandemic, they have recognised the inferiority of any system that is within our contemplation by means of technology compared with being the same room. The ability to communicate and have an interchange with other people is manifestly weakened by having to do it over a screen.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Alan Brooke (Crossbench, Unknown): Restorative justice is a very wide issue, and one should not think that because it does not work for road traffic accidents it does not work. Furthermore, it is done only with the agreement of the parties involved.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I am sorry to interrupt the noble and learned Lord, but would his amendment mean that if the complainant says, "I would never, ever consent to sexual behaviour" of a particular description, it would not be open to the defence to adduce evidence that that was precisely what the complainant had done with a third party?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
David Pannick (Crossbench, Unknown): I would like to test this proposition, because it strikes me as rather surprising. If a complainant says to the court, "Not in relation to this particular person, but I would never ever contemplate" doing something, and there is evidence, otherwise admissible, that she has done so in the past, that seems to be highly relevant to the jury’s assessment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, I intervened earlier on Amendment 286 because of my concern about an absolute rule in this area. My concern is increased by the practical experience of the noble and learned Lord, Lord Judge, in this matter. I am also concerned about Amendment 289 regarding the complainant’s right of representation in relation to an application and whether there should be evidence concerning sexual conduct, not merely for the reason the noble and learned Lord gave, with which I agree: that the prosecution are ministers of justice and are there to deal with such matters. I am also concerned that this is a recipe for delay. If it is really to be said that the victim is to be separately represented and able to make an application, presumably after notice has been given, and there is to be a right of appeal to the Court of Appeal, that is inevitably going to delay further trials that are already far too long delayed.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
David Pannick (Crossbench, Unknown): My Lords, I, too, support these amendments. I shall add two very brief points in relation to Amendment 277, which was moved by the noble Baroness, Lady Kennedy. First, the noble Baroness referred in her speech to the Appellate Committee decision in R v J. The Committee may be interested to know that in that decision Lord Bingham of Cornhill, the senior Law Lord, said at paragraph 15 that the history of the 1956 Act "has been shown to result in much internal inconsistency and lack of coherence" His Lordship added that the fact that an unambiguous statutory provision—and it is unambiguous—is "anachronistic, or discredited, or unconvincing" does not enable a court to do anything about it. This Committee and Parliament are, of course, under no such inhibition, and for the reasons that have been given, I hope we will do something about it The only other point I want to make is that any defendant in any criminal case who believes that the passage of time results in unfairness to them is perfectly entitled to submit to the court that it would be an abuse of process for the trial to continue. They are perfectly entitled so to argue, but that is not a reason why we should not amend the law in the way suggested.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
Simon Denis Brown (Crossbench, Unknown): My Lords, I briefly but strongly support Amendment 292D, but not the other two—I say that without needing much elaboration. I have two main reasons for supporting Amendment 292D. First, it is promoted by the noble Lord, Lord Bach, for whom I always have the greatest regard. He now has the expertise and experience of this job, so his judgment on it, as he knows what he is talking about, is surely worth listening to. We should take advantage of the expertise that he now has in this field and his appreciation of the crunch issues that are involved The second main reason is this: I am generally against these absolutist or purist positions such as those adopted uniquely—it appears—in this legislation. Once you have sinned, you are out for life. It is ridiculous. Some small measure of discretion or flexibility is generally an advantage. Of course, it is unlikely to happen that often, but we have surely heard two wholly compelling instances where it is a flagrant injustice to say to these people, now in maturity, having served the public, that because of one slight error in their youth and having strayed once they are never eligible again. This is a point of genuine principle: we ought not to pass this opportunity of putting it right.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-22
Topic: Law and Crime
Jean Coussins (Crossbench, Unknown): My Lords, I am grateful to the right reverend Prelate the Bishop of Leeds, the noble Lord, Lord Marks of Henley-on-Thames, and my noble friend Lord Pannick for adding their names to my amendment. I am sorry that my noble friend has had to leave for another commitment, but he wanted me to confirm that he planned to speak in support of this amendment. I declare my interests as a co-chair of the All-Party Parliamentary Group on Modern Languages and the vice-president of the Chartered Institute of Linguists The purpose of this amendment is to establish in law "minimum standards for qualifications and experience" of those appointed to act as interpreters in Her Majesty’s Courts & Tribunals Service. For the avoidance of doubt, let me clarify that, for the purposes of this amendment, I am referring only to spoken word interpreters, not sign language interpreters I am grateful to the noble Lord, Lord Wolfson, for meeting me earlier in the year to discuss this and related issues. I very much hope that the Minister replying tonight will be able to facilitate another meeting between me, other interested parties and the noble Lord, Lord Wolfson, between now and Report to look at my proposals more precisely. Obviously, my best-case scenario is the Government accepting my amendment or coming back on Report with a better-worded version to achieve the same, or a closely similar, end I will not repeat the detailed case that I set out at Second Reading. I will simply summarise the way in which the appointment of court interpreters as it is currently organised, using the Ministry of Justice’s register and delivered via outsourced private companies, is inadequate—often seriously so, leading at best to mistakes and, at worst, to miscarriages of justice. It is an easy way for fake interpreters to present themselves. Too often, hearings need to be abandoned and expensively rescheduled, sometimes with defendants on remand for longer—all at public expense My objective is to strengthen the MoJ register for interpreters, thereby improving the quality and administration of justice. I will explain each of the three elements of my proposed minimum standards in a little more detail, starting with the second, which relates to the qualifications that a court interpreter should have. I am sure all noble Lords would agree that, if they were having heart surgery or even having their tonsils out, they would expect the surgeon to have more than a GCSE in biology. If they were passengers in an aeroplane, they would not expect the pilot just to have a geography degree and know roughly which way was south. They would not expect their car to be serviced by a mechanic whose only proven competence was in the use of a tin opener. Yet you can get on to the MoJ’s register of approved interpreters simply by having a GCSE pass or a low-level two-week foundation course, or just by being bilingual, even if you have never set foot in a court before.