argyrotsipi/train-dataset huggingface dataset:
Delivering Justice for Victims — House of Lords, 2021-12-16
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, we welcome the Statement. We hope that the proposed consultation exercise is dealt with rapidly, that people are listened to and that we see legislation as soon as possible. Can the Minister tell us when that is likely to happen? I confirm that we will work constructively with the Government to ensure that the new victims’ law is fit for purpose and is a law of which we can be proud The Statement reminds us just how urgently we need a new law. The number of victims who have dropped out of the system has doubled in the last five years. It is concerning that confidence in the justice system is so poor. Three in every five victims do not even report a crime, one-third of victims would not report a crime again and one-third of victims who do go to the police drop out of the process before any case can come to court There are steps that the Government could take now that would help the situation. In October 2021 the National Audit Office released a report on the Government’s handling of the court backlog. It found that the Crown Court backlog had already increased by 23% in the year leading up to the pandemic and had increased by a further 48% since. The NAO said that both the Ministry of Justice and its courts agency were not working together properly to solve problems that had their roots in pre-pandemic decisions One in 67 rape complainants sees a case come to court, and it can take four years for that process to be completed. The latest data from the CPS shows that the number of rape convictions fell by 6.7% in the last quarter. At the current rate it would take the Government 18 years to return to pre-2016 levels of prosecution. There are 3,357 victims of violent and sexual crime who have already been waiting for over a year for their day in court, and a further 654 victims of these horrific crimes have been waiting for over two years. Can the Minister assure us that the Government are taking all measures necessary to put this right We have now had five Secretaries of State for Justice promising a victims’ Bill, and all five have failed to deliver. I have heard victims say that their experience of the justice system is worse than the crime itself. Just 19% of victims believe that a judge takes into account the impact of the crimes on them, and only 18% believe that they are given enough support. Victims do not want consultation; they want action, and the Labour Party has a ready-made Bill to clear the backlog through an increase in Nightingale courts and to fast-track rape and sexual violence cases. Our victims’ Bill would also improve rights, strengthen protections and accountability, improve communications and ensure that victims were no longer treated as an afterthought The Statement from the Government is welcome, but they must now match their warm words with deeds and ensure that they put victims at the very heart of our criminal justice system.
Professional Qualifications Bill [HL] — House of Lords, 2021-11-17
Topic: International Affairs
Brinley Davies (Labour, Centre-left): My Lords, I declare an interest as a member of a profession, albeit one which is not mentioned specifically in the Bill. I still have some residual concern that, although we welcome the list, the way the Bill is drafted could incorporate professions not listed, because of some obscure entry in other pieces of legislation which have not been picked up. However, my main question is that a lot of work arising from the Bill remains to be done and the UK-EU Partnership Council has an important role to play. I am a keen follower of the Partnership Council, I look at its minutes and its meetings, and this issue, even though it has been identified as a priority, does not appear to have been discussed. Perhaps the Minister can reassure me that the matter will be dealt with with utmost haste.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): Before we come to this important group of amendments, I have one housekeeping matter. As noble Lords are aware, the amendments have been marshalled according to the instruction of 13 October 2021, and that puts Clauses 55 to 61 towards the end of our Committee stage. If noble Lords who have the ninth Marshalled List of amendments go to Amendment 319A, they will see a number of pages of government amendments which, in effect, introduce a range of new offences and new powers for the state. In effect, they introduce the offences of locking on and of being equipped for locking on, and they change the law on wilful obstruction of the highway and on obstruction of major transport works This is not for the noble Lord, Lord Wolfson, but it would be convenient if the Government, at some stage during Committee, indicated how they intend to deal with the pages and pages of amendments. A whole new structure of offences is being introduced in Committee in the Lords without the stages in the Commons having been gone through and without a Second Reading on those issues. This is not for now, because I have given no warning of it, but it will take as long as it takes to get an answer as to whether special provisions will be made, whether the Government intend to stop the Committee and have a Second Reading, or whatever. Whatever the plans are in relation to this, we on this side of the House—indeed, I think the whole House—would like to know, so we can think about how we deal with it, because it is an important issue The group we are about to deal with concerns youth justice. We are into a new part of the Bill and part of this group will raise issues about the age of criminal responsibility. The only reason I am starting is because my Amendment 219B requires the centralised monitoring of court decisions to impose youth custodial remands. As noble Lords will know, a whole new regime of remanding people aged 10 to 17 in custody was introduced by the LASPO Act in 2012. It gives rise to very practical difficulties throughout the country in relation to finding appropriate places to remand people of that age in what is, in effect, detention of some sort. There is no centralised monitoring In responding to this amendment, will the Minister indicate what the current arrangements are for monitoring this nationally, and what is the Government’s proposal, if any, for making sure that national statistics are regularly available? Without such statistics, it is difficult to have an informed debate about what additional provision is required, save to say that the experience on the ground is that there needs to be more proper provision over a range of options. I beg to move.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): My Lords, that was my fault. I was not for one moment suggesting that the noble and learned Baroness, Lady Butler-Sloss, was saying that the Bulger case did not require enormously sensitive handling, nor that she was in any way underestimating the seriousness of it. I was seeking to say that the fact that there were tabloid campaigns about it and that people were very concerned about it was absolutely legitimate. What they were asking for was not necessarily legitimate, but there was very real concern. Obviously, there must be anonymity, but if the matter is dealt with entirely in the care system, without any public element of how the law is dealing with it, then the community never gets satisfaction in relation to what is happening. By satisfaction, I mean that there must be some recognition within the justice system of the appalling nature of what has happened.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I agree that it does not need to be dealt with in a criminal trial, but there needs to be some process. Before one increases the age of criminal responsibility from 10 to 12, which we should do, this must be looked at. This is why I rather favour the second amendment, tabled by the noble Baroness, Lady Chakrabarti, which is a review of this, because broadly the case is made in relation to it. It probably should not be something ad hoc, as is the nature of an inquiry, but it should have some recognition that cases such as the Bulger case, which have a significant effect on not only the local but the national community, must be dealt with in a special way.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): I accept that the age of criminal responsibility should go up. I strongly endorse what everybody is saying about the Government and, in particular, I endorse what the noble Lord, Lord Marks, is saying about the Government showing leadership in this respect. I also endorse what he says about the Government needing to show leadership in standing out against campaigns that seek to criminalise people under 10 or, in the campaign that he was referring to, between 10 and 12. My point, which I keep coming back to, is that this Committee should not underestimate, or treat as simply got-up, campaigns concerning the justice system, which in some ways expands beyond the criminal justice system, in cases such as the Bulger case.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Shami Chakrabarti (Labour, Centre-left): My Lords, I am sorry, I was looking around the Chamber to see who was poised and trying to be too polite. It is an absolute pleasure to follow the noble Lord, Lord Carlile of Berriew, who many members of the Committee will associate with his legal expertise, but it is to be remembered that he has a considerable track record, to say the least, in matters of penal reform It is also a pleasure to have my name associated with this amendment in the names of the noble Lords, Lord German and Lord Marks of Henley-on-Thames. It seems totally anomalous that local authorities should be excluded from giving this provision, for all the compelling reasons given by the noble Lord, Lord German, about the expertise that they have accumulated in relation to education, children, care and so on. It can be only an ideological justification—I must not be too smug about ideology because I have a little of my own. Although there are always political debates about the role of the state in relation to all sorts of goods and services, most people, across politics and across the Committee, have some sort of notion of the irreducible core of the state. Personally, I think that, as with policing and the Army, incarceration ought in general to be a primary responsibility of the state itself, for obvious reasons to do with the vulnerability of those incarcerated and the responsibility, including democratic responsibility, of politicians, whether at local or national level, in relation to powers of coercion and the incredible vulnerability of people who, of course, cannot even vote.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Education
Christine Blower (Labour, Centre-left): My Lords, it takes a very particular kind of person to be a teacher, but it takes a much more particular kind of person to work in an institution with young people who are clearly already damaged when they arrive. The idea that the Government appear to be taking—a rather dogmatic view about how 16 to 19 provision should be run, in terms of there being only academies and only reflecting the way academies are seen in law in the schools sector—seems to be completely wrong It is obvious that the profit motive simply cannot function in this type of provision. Teachers, whether in secure accommodation or other places, are not as well paid as they should be, but the fact is that they are not motivated in general by the level of their salary. Therefore, there is absolutely no reason why we should think that anyone affording that provision should be motivated by profit My own experience of young people of this type is that I did, very many years ago, work in a non-custodial, non-residential setting for young people who were at risk of care or custody. I have to say that they were all at risk of custody. But the fact that I worked in a local authority provision, where we were able to work very closely with the youth offending team, our local social services and our probation service, and all of our play therapists and other types of therapists, meant that, in general, it was a very successful provision. I have, like the noble Lord, Lord Carlile of Berriew, had the opportunity through my union experience to visit teachers working in a whole range of institutions—some of which, I am sorry to say, no longer function. This type of provision, as my noble friend Lady Chakrabarti said, should be at the irreducible core of what the state does and affords for some of our most vulnerable young people. For that reason, I am very happy to support the amendments.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Education
Charles Falconer (Labour, Centre-left): The Minister mentioned £259 million in relation to the secure training programme. I may have not quite heard what he said. Is that new money or is it just maintaining the existing amount of money per annum?
Terrorist Incident at Liverpool Women’s Hospital — House of Lords, 2021-11-17
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): I express our gratitude to the emergency services, which had to deal and are still dealing with this awful incident and its aftermath, whether that incident be terrorism-related or not. I also pay tribute to the bravery and actions of David Perry, the driver of the taxi, and express the hope that his recovery proves to be full and complete. We have to be ever vigilant and proactive in combating and thwarting abhorrent acts of this kind I have just two questions. First, the Government have had a report on dealing with so-called lone actors. What are the Government doing with that report? We have called for a judge-led review. Secondly, in the Commons yesterday, Conor McGinn MP referred to a report from the Intelligence and Security Committee "that included recommendations on the use of and construction of such devices—namely, regulation around the ingredients or chemicals used to make them." He asked: "Why have none of those recommendations been implemented after four years?"—[Official Report, Commons, 16/11/21; col. 459.] There was no answer from the Government yesterday. Twenty-four hours later, can the Government now give an answer to that question?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Shami Chakrabarti (Labour, Centre-left): I have a quick question, because I want to be clear about this point in relation to something the noble Lord, Lord Paddick, said earlier. If a Sikh, who is carrying just their religious knife, is in a fight and is convicted of common assault, is the SVRO now available in that context?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Vernon Coaker (Labour, Centre-left): The Minister might want to take some advice on this, but I think the relevant piece of legislation in Clause 140 is proposed new Section 342A(3)(b), which says that "the offender had a bladed article or offensive weapon with them when the offence was committed." They do not have to use it; it is just the fact that they are carrying it and have it on them.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Shami Chakrabarti (Labour, Centre-left): First, I want to thank the Minister and do not want her to think any of this is meant to be aggressive or to interfere with what she is doing. Secondly, these hypotheticals are incredibly important to test the provisions; they are not some attempt to be clever and dance on the head of a pin. It is super important to get the criminal law right, and that can only be done, in my view, by testing it against the sorts of scenarios being offered The Minister quite rightly says, "We are creating a disposal, and in the end the courts will have to administer it". None the less, the Government are creating the disposal and setting thresholds for its availability. With respect to her, the Government must have a policy and intention, and there is therefore a valid question about whether it is the Government’s intention in drafting and pursuing this legislation that, for example, any male Sikh, or any Sikh, who carries a ceremonial knife, however small, will always theoretically be subject to this additional exposure to a disposal to which, by definition, people of other faiths will not be subject. I am not saying that to be inflammatory, but we have to get this right. The Minister herself has talked about equality impact assessments, and so on. It may be that this proposal slipped through the net and is worth looking at again before the next stage This is not just an issue for the Sikh community but for other people such as chefs or electricians who are carrying knives and are involved in a crime that theoretically is potentially not even violent crime but perhaps minor shoplifting, possession of prohibited drugs or whatever. They are now, suddenly, potentially subject to this disposal. It is not simple enough to assume that when a specific disposal such as this one, with draconian consequences, is made available for sentences it would never be used. The courts might rightly think that the Government’s policy must have been that if you carry a blade or point, regardless of whether you were carrying it illegally in the first place, you take your chances, and that if you get involved in shoplifting or is found in possession of drugs, that is too bad—you now get this additional penalty and it serves you right. That is the signal that we are sending on violent crime. I hope that that is not the intention but if it is, the Committee will need to know.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Hilary Armstrong (Labour, Centre-left): My Lords, I thank the Minister. My amendment takes out the part that states that a person "ought to have known" that someone else was carrying, rather than that person carrying. That is the bit that is particularly pernicious in terms of the woman that I was talking about.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): We on this side of the Committee strongly support these excellent amendments. The Youth Justice Board was set up in 1998. Its first chair—a Member of this House, the noble Lord, Lord Warner—gave it a really good start. The whole point is that it gives real drive, not as part of government but within the state, to make changes, because everybody recognises that children and young people have different needs, both to divert them from the criminal justice system and when they are there. Similarly, in respect of women, this is a real opportunity; give it drive.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Charles Falconer (Labour, Centre-left): My Lords, I join noble Lords in commending the noble Earl for the effort and work that he has put into this and the fact that he has thought it through. I also commend what the noble and learned Lord, Lord Hope of Craighead, said. It was obviously not a detention for training centre that he was passed to, but his experience was successful in diverting him from the criminal justice system. That is an indication that it worked, even if he ended up in the criminal justice system as the Lord President of the Court of Session and a member of the Supreme Court I very much agree with what the noble and learned Lord, Lord Hope, the noble Lord, Lord Marks, and the noble Baroness, Lady Jones, said. There are parts of this that we would all agree with. However, we on this side would not support this as a separate sentence. If one looks at the detail, it requires the setting up of a number of rural detention centres. The right thing is for the Government to look at the elements aimed at trying to rehabilitate those in the criminal justice system and use them in the existing system, rather than setting up a whole new network. We admire the noble Earl’s work but think that this is not the appropriate way forward.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, we support this amendment from the noble and learned Baroness, Lady Butler-Sloss. As she said, there is a cycle of offences for vulnerable people with drink and drug problems. In many ways it forms the vast majority of cases that we see in magistrates’ courts. I have come from Westminster Magistrates’ Court today and I can assure her that I dealt with as many drug and alcohol cases as I usually do. To use the word of the noble Baroness, Lady Brinton, the numbers are stuck where they are. Things are not getting better The noble Baroness, Lady Brinton, gave a very full and insightful summary of the statistics. I have been a long-standing member of the drugs and alcohol all-party group. This is an intractable problem that we see throughout the criminal justice system The initiative from the noble and learned Baroness, Lady Butler-Sloss, is to have a residential rehabilitation unit at the start, essentially, of any potential custodial sentence, and if people dropped out, they would then get a custodial sentence. It might work and it may well be worth a try. I will make one comment—I hate doing this, because one of the consequences of being a magistrate is that one becomes a sceptic, but nevertheless I will say that I think drug therapies work better when people do them voluntarily. I often say to people when I release them on bail on a drugs offence, whatever the offence, "If you can engage voluntarily in drug rehabilitation"—very often those are the same services that they are statutorily required to go to—"then any sentencing court when you come back to be sentenced will look on it more favourably." Sometimes that message gets home Despite that note of scepticism, I still support the noble and learned Baroness’s amendment. It is another approach. There needs to be a multitude of approaches to address this scourge, and this particular approach is worth a try.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-17
Topic: Labor
David Edward Lea (Labour, Centre-left): My Lords, I support the general thrust of what has been said. We have heard from a remarkable coalition that includes trade unionists and a former chief executive—I think that is the correct appellation—of Tesco. In one sense, it does not matter exactly how the amendment is worded; the important thing at the moment, speaking as a former trade union official, as noble Lords may know, is that something should be committed in principle by the Government. It should be left to Ministers, ultimately, to choose the exact wording, but we should make sure that this hugely important principle, backed up by a lot of day-to-day evidence—most notably from the noble Baroness, Lady Neville-Rolfe—is brought forward in some way. It should be acknowledged by the Minister, who has a good idea of the mood of the House on this.